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Consultation Report
Advertising Devices Policy review – Proposed
Amendments to CairnsPlan 2016
Prepared in accordance with the Minister’s Guidelines and Rules under the Planning Act 2016
12 August 2019
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Contents 1. Executive Summary ......................................................................................................................... 2
2. Background ..................................................................................................................................... 2
3. Consultation .................................................................................................................................... 2
3.1. Statutory requirements ........................................................................................................... 2
3.2. Communications Strategy ....................................................................................................... 3
3.3. Consultation period ................................................................................................................. 3
3.4. Consultation materials ............................................................................................................ 3
3.5. Communication and Public Notices ......................................................................................... 3
4. Consideration of Submissions ......................................................................................................... 4
Appendix 1 – Summary of Proposed Amendments to the CairnsPlan 2016 .......................................... 5
Appendix 2 – Communications Strategy ................................................................................................. 6
Appendix 3 – Copy of Public Notice 11 July 2019 ................................................................................. 18
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1. Executive Summary
The Consultation Report has been prepared in accordance with the Minister’s Guidelines and Rules
under the Planning Act 2016.
This Consultation Report has been prepared to document the process and outcomes of the public
consultation undertaken on Council’s proposed amendments to CairnsPlan 2016 in relation to
advertising devices. The report details when and how consultation was undertaken, the issues raised
in properly made submissions and how these issues have been addressed in the proposed
amendments.
The public consultation on the proposed amendments to the CairnsPlan 2016 was part of the
Advertising Devices Policy Review Project. This broader project also included amendments to the
Council’s local Laws that were subject to a separate public consultation process. The process and
outcomes of that consultation are documented in a separate consultation report.
2. Background
Council currently regulates advertising devices through both its Local laws and CairnsPlan 2016
Planning Scheme. The planning scheme regulates the larger forms of advertising being; projecting
signage, illuminated signage (which includes digital signs), billboards and pylon signage. All other
types of advertising are currently regulated under the Local laws (No. 1 Administration and No. 4
Advertising Devices).
Since the commencement of the current planning scheme and suite of Local laws on 1 March 2016,
there has been an increased popularity in the use of digital signs for advertising. Council has
received a number of development applications for digital signs, and has also received enquiries
about establishing new digital signs.
A review of the regulation of advertising devices commenced in early 2017. The purpose of this
review was to establish a contemporary policy that provides for an appropriate amount of
advertising while protecting the unique values of the region.
Based on the outcomes of the review Council prepared a policy direction paper on digital signage
that was endorsed in August 2018. Since then, proposed amendments to both the CairnsPlan 2016
Planning Scheme and Council’s Local laws have been prepared to implement the outcomes of the
policy review.
A summary of the proposed amendments to the CairnsPlan 2016 is provided within Appendix 1 of
this report.
3. Consultation
3.1. Statutory requirements
The process that Council must follow for making amendments to a local planning instrument
(planning scheme) is prescribed within the Minister’s Guidelines and Rules under the Planning Act
2016. The proposed amendments to the CairnsPlan 2016 Planning Scheme have been prepared in
accordance with the process for a Qualified State Interest Amendments under the Minister’s
Guidelines and Rules.
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Appendix 2 provides a detailed outline of the requirements contained within the MGR for public
consultation.
3.2. Communications Strategy
In accordance with the requirements of the Planning Act 2016 and the Minister’s Guidelines and
Rules, Council prepared a Communications Strategy to guide the public consultation process. The
public consultation has been undertaken in accordance with the Communications Strategy.
3.3. Consultation period
Part 3, Step 9 of the MGR for a Qualified State Interest Amendment requires that Council undertake
public consultation for a period of at least 20 business days.
Council undertook public consultation for a period of 20 business days from 11 July 2019 to 9 August
2019 inclusive.
3.4. Consultation materials
The following documents were made available for inspection, download and comment during the
public consultation period:
a copy of the amendments to the CairnsPlan 2016 planning scheme; and
a Fact Sheet on the Advertising Devices Policy Review project.
The documents above were available electronically on Council’s website and in hard copy at
Council’s Administration Building at 119‐145 Spence Street, Cairns.
3.5. Communication and Public Notices
Council’s Website
A webpage on Council’s website was created to display the consultation material and also provided:
the dates that the consultation period opened and closed;
general information about the Advertising Devices Policy Review Project; and
details on how to make a submission on the proposed amendments.
Public Notice
A Public Notice was placed in the Cairns Post on Thursday 11 July 2019. A copy of the public notice
was also available for inspection on Council’s website an at council’s Administration Building at 119‐
145 Spence Street, Cairns. A copy of the Public notice is provided within Appendix 3.
Email Newsletters
The following email notifications were sent:
Emails to subscribers to Council’s CairnsPlan 2016 e‐newsletter;
Emails to subscribers of Council’s Economic Development e‐newsletter;
Emails to all ABN holders within the Cairns Regional Council Local Government Area;
Emails to targeted community groups and organisations upon request; and
Emails to all known signage companies within the Cairns Local Government Area.
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Consultation activities
Council officers responded to a number of enquiries on the proposed amendments and attended
meetings upon request to explain the proposed amendments and respond to enquiries.
4. Consideration of Submissions
In accordance with the Planning Act 2016 and the Minister’s Guidelines and Rules, Council must
consider every properly made submission about the proposed amendment and may consider other
submissions.
Council did not receive any submissions on the proposed amendments to the CairnsPlan 2016
Planning Scheme during the consultation period and therefore no changes were made to the
proposed amendments in response to public consultation.
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Appendix 1 – Summary of Proposed Amendments to the CairnsPlan 2016
The proposed amendments to the CairnsPlan 2016 Planning Scheme predominantly relate to removing references to advertising devices including removing the advertising devices code from part 9. The only types of advertising devices that are proposed to be regulated under the planning scheme are those located on a Place of significance. In these circumstances the Places of significance overlay code will apply. Under the proposed amendments, Council’s Local laws will regulate all advertising devices and the Planning scheme will regulate the installation of advertising devices on a Place of significance (heritage place) only. This means that where an advertising device is installed on a Place of significance it will be required to obtain both a Development permit for Operational Works under the Planning scheme and a Permit for the advertising device under the Local laws. All other advertising devices that are not located on a Place of significance are regulated under the Local Laws only. A summary of the proposed amendments to the CairnsPlan 2016 is provided below:
Citation and commencement: o Updated version number and Table of contents.
Part 1 About the planning scheme: o Amendments to section 1.2 to remove references to the Advertising devices code o Amendments to section 1.8 to remove references to advertising devices regulated by
the local laws.
Part 3 Strategic Framework: o Amendments to remove redundant references to advertising devices no longer under
the planning scheme.
Part 5 Tables of assessment: o Amendments to remove redundant references to the Advertising devices code; and o Amendments to include new levels of assessment for advertising devices on a place of
significance.
Part 7 Local plans o Amendments to the Cairns city centre local plan code to remove references to
advertising devices no longer regulated under the planning scheme.
Part 8 Overlays o Amendments to the Landscape values overlay code to remove references to advertising
devices no longer regulated under the planning scheme; o Amendments to the Places of significance overlay to include provisions to address
advertising devices on a place of significance regulated by the planning scheme;
Part 9 Other development codes: o Amendments to remove the Advertising devices code; and o Amendments to the Brothel code to remove references to advertising devices no longer
regulated under the planning scheme; o Amendments to the Home based business code to remove references to advertising
devices no longer regulated under the planning scheme; o Amendments to the Sales office code to remove references to advertising devices no
longer regulated under the planning scheme; o Amendments to the centre design code to remove references to advertising devices no
longer regulated under the planning scheme;
Schedule 1 Definitions o Amendments to remove redundant terms and definitions for advertising devices no
longer regulated under the planning scheme; and o Amendments to change existing terms and definitions and include new terms and
definitions that are relevant to the types of advertising devices regulated under the planning.
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Appendix 2 – Communications Strategy
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Appendix 3 – Copy of Public Notice 11 July 2019