LOCAL LAW APPLICATION FOR THE DISPLAY OF ADVERTISING ... · RECOMMENDATION: That Council approves the Local Law application for the display of Advertising ... Digital Wall Signs;

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Agenda – Ordinary Meeting 27 November 2019 - #6165679

ORDINARY MEETING

27 NOVEMBER 2019 6

LOCAL LAW APPLICATION FOR THE DISPLAY OF ADVERTISING DEVICES (WALL SIGN, ILLUMINATED SIGN AND DIGITAL SIGN) – 109-115 ABBOTT STREET, CAIRNS CITY – DIVISION 5 L Cameron: 71/1/5 (#6233301)

PROPOSAL: WALL SIGN, ILLUMINATED SIGN & DIGITAL SIGN LANDOWNER: ABBOTT STREET INVESTMENTS PTY LTD APPLICANT: BOWLING CENTRES AUSTRALIA C/- URBAN SYNC PTY LTD PO BOX 2970 CAIRNS QLD 4870 LOCATION OF SITE: 109-115 ABBOTT STREET, CAIRNS CITY

PROPERTY: LOT 1 ON RP709771 ZONE: PRINCIPAL CENTRE LOCAL PLAN: CAIRNS CITY CENTRE APPLICATION DATE: 23 OCTOBER 2019 DIVISION: 5 AUTHORITY REFERENCE: 753/2019 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)

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LOCALITY PLAN

RECOMMENDATION: That Council approves the Local Law application for the display of Advertising Devices for a Wall Sign, Illuminated Sign and Digital Sign over land located at 109-115 Abbott Street, Cairns City, formally described as Lot 1 on RP709771, subject to the following: 1. At all times the advertising device must be installed and operated in accordance with the following approved plans, subject to any limitations identified in these conditions:

Drawing(s) or Document(s)

Reference Date

Sketch View (Shopfront 3D View)

Project No. 19090 Drawing No. 011 prepared by Zone Design

14 October 2019

Sketch View (Shopfront 3D View 2)

Project No. 19090Drawing No. 012 prepared by Zone Design

14 October 2019

Sketch View (Shopfront 3D View 3)


14 October 2019

Signage Plan Project No. 19090Drawing No. 207 prepared by Zone Design

14 October 2019

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External Elevations (Abbott Street)


14 October 2019

External Elevations (Shields Street)


14 October 2019

External Elevations (colour)


14 October 2019

Details – External Signage Details.


14 October 2019

2. At all times the advertising device must be maintained in a safe condition so as to prevent personal injury or damage to property. 3. This permit lapses on 31 July 2024. 4. When the advertising device is no longer needed for the purpose and in the circumstances in which it was permitted, the advertising device must be removed within one (1) month of that event. 5. The advertising device must be removed no later than the day after the day that the permit lapses. 6. Prior to the installation of the illuminated signs or display of the Digital Sign, all other necessary approvals must be obtained (if required). 7. All Advertising Devices are to comply with any safety requirements specified in this approval. 8. That the design and installation of the Advertising Device/s and any supporting structure/s must be certified by a suitably qualified and experienced person as being structurally sound. 9. All Advertising Devices must be securely fixed so as not to endanger public safety. 10. All Advertising Devices are to be constructed of durable materials and maintained in good condition and repair, free from graffiti at all times. 13. That all conduits, wiring, switches or other associated plant installed on or for the Advertising Device are concealed from view from roads and other public places.

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14. That the permit holder takes specific measures to:

a. prevent the loss of amenity or nuisance resulting from the installation, erection or display of the Advertising Device; and

b. ensure that the installation, erection or display of the Advertising Device does not cause unsafe movement or obstruction of pedestrian traffic.

15. That the permit holder, its contractor or agent is to:

a. take out and maintain at all times public liability insurance in the amount nominated by the Local Government and to name the Local Government as an interested party on the policy; and

b. indemnify the Local Government against claims for personal injury (including death) and damage to property (including economic loss) arising by, through, or in connection, with an Advertising Device.

16. The Advertising Device/s may be required to be removed in the event of a cyclone watch or warning being issued for the region in which the device is located. 17. The Advertising Device must not be used for off-site advertising. 18. In the event of a malfunction or failure of the Digital Sign, including the associated sensors, the Advertising Device must be switched off until the malfunction or failure is resolved. 19. Any malfunctions or failures must be resolved within 21 days of the event of the malfunction or failure. Digital Sign 20. The Digital sign must have minimum pixel pitch equal to or less than P6 (6 mm). 21. The maximum luminance output of the Digital Sign must not exceed 300cd/m2. 22. The minimum dwell time for any advertisement display on the Digital Sign is 10 seconds. 23. Each transition between advertisements on a Digital Sign must occur instantaneously, with a maximum transition time of 0.1 seconds. 24. Each transition between advertisements must be a complete screen change.

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25. Methods of image animation or transition such as ‘fly in’ or ‘scroll’, or any type of change in advertisement message that is not instantaneous must not occur. All advertisements are to remain static for the entire dwell time at all times. 26. At all times advertisements must not move, flash, change brightness or consist of scrolling or moving images or video images. 27. During operation, the Digital Sign must not go blank or display a solid colour between different advertisement messages. 28. Only one advertisement may be displayed during a single dwell time. The screen must not be split or display multiple advertisements during a single dwell time. 29. Sequential messages which require more than one screen to convey a message must not occur. 30. Prior to installation of the Digital Sign, an Operational Plan must be prepared that details: a. Management procedures in the event of malfunction, failure or damage; and b. Maintenance procedures for the term of approval. The Operational Plan must be provided to the satisfaction of the Chief Executive Officer prior to the installation of the Digital Sign. 31. At all times the Digital Sign must be operated in accordance with the approved Operational Plan. 32. The Digital Sign must record data related to the operational criteria contained within these conditions. The data must be recorded at a minimum rate of once per hour. A log of the recorded data must be retained by the operator for a minimum of one (1) year and be provided to Council at the request of an authorised officer. Illuminated Sign: 33. The maximum luminance output for the Illuminated Sign must not exceed 300cd/m2. 34. At all times advertisements must not flash or change brightness. Further Advice 1. The Adverting Device may be requested to be made available for community information in the event of a declaration of an impending weather event or similar.

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2. Should the permit holder wish to display the Advertising Device beyond the term of the permit, the permit holder must apply for a renewal to display the advertising device. The Renewal Application must be accompanied with the prescribed fee and be submitted prior to the expiry of the permit.

EXECUTIVE SUMMARY Council is in receipt of an application for a Local Law permit to display several Advertising Devices (Wall Sign, Illuminated Sign and Digital Sign) over land located at 109-115 Abbott Street, Cairns, formally described as Lot 1 on RP709771. The site is in inner city corner allotment, presenting to both Abbott and Shields Streets and directly connecting to the Shields Street Heart. The site was previously known as the ‘Katies Centre’, which presented a variety of retail offerings. The site is currently being redeveloped to accommodate the recently approved Timezone arcade, with the proposed Advertising Devices directly associated with this use. The proposal seeks to install eight (8) advertising devices over the subject land, with four (4) devices per frontage. The devices are a mixture of Illuminated Wall Signs and Digital Wall Signs. Accordingly, the proposal seeks to install the following Advertising Devices along each frontage: (a) Sign Type 1.1: an illuminated 3.4m x 300mm horizontal wall sign above entry doors

comprising individual yellow letters (“Timezone”); (b) Sign Type 1.2: an illuminated 2.23m x 200mm vertical wall sign located to the left-most

extent of the façade comprising individual yellow letters (“Timezone”); (c) Sign Type 1.3: an illuminated 8.83m x 800m horizontal wall sign located at the top of

the structure (i.e. above street awning and below the roof) comprising individual yellow letters (“Timezone”); and

(d) Sign Type 2: a 65” (144.0cm x 81.0cm) Digital Screen located next to each entry door. All Devices are proposed to only display on-site advertising associated with Timezone. All existing signs associated with the “Katies Centre” have been removed as part of the redevelopment of the site. The Advertising Devices require a permit in accordance with Part 2 of the Local Law No.4 (Advertising Devices No. 4) 2019.

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The proposed Advertising Devices have been assessed in accordance with the provisions of the Local Law No. 1 (Administration) 2016 & Local Law No. 4 (Advertising Devices No.4) 2019 and are considered to comply with the purpose and relevant criteria of the applicable requirements. The application is recommended for approval, subject to conditions. CONSIDERATIONS Proposal The proposal seeks to install a total of eight (8) advertising devices over the subject land, with four (4) devices per frontage. The devices are a mixture of Illuminated Wall Signs and Digital Wall Signs; and are to be used for the purpose of on-site advertising. The Device particulars include:

Description Sign 1.1 Sign 1.2 Sign 1.3 Sign 2 Dimensions 3.34m x 300mm 2.23m x 200mm 8.83m x 800mm 144.0cm x

81.0cm (65”) Calculation of Advertising Area (m²)

Approx. 1.0m2 per sign or

approx. 2.0m2 total


approx. 0.90m2 total





Location / Setbacks

On façade (along front boundary), projecting 700mm into pedestrian thoroughfare (i.e. LGA)

On façade, recessed into

wall. Illumination Yes – backlit LED Digital Sign On / Off-site Advertising

On site

Description of Site

Site Area 1,100m2 NB: the Timezone tenancy is 762m2

Land Use The lawful land use activities are defined under the Planning Scheme 2016 v2.0 as: “Indoor Sport and Entertainment” (i.e. Timezone) and “Food & Drink Outlet” (tenant currently unknown).

Road Frontage: Building: approx. 32.72m to Shields Street & approx. 29.94 to Abbott Street. Timezone Tenancy: approx. 15m to Shields Street & approx. 18.44m to Abbott Street.

Surrounding Land Uses The subject land is surrounding by other retail and food offerings further along both road frontages, with the old Cairns Court House, the Cairns Art Gallery and CQU University sited directly adjacent the site. Woolworths Supermarket is also located in close proximity to the site.

Planning Scheme – The CairnsPlan 2016 Zone Principal Centre Local Plan Cairns City Centre Applicable Overlays Nil

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Background The site has historically been known as the “Katies Centre”, which presented a variety of retain offerings from souvenirs, jewellery, currency exchange and a tobacconist. The site is currently undergoing a full redevelopment to support the internal reconfiguration of the existing two (2)-storey structure, limiting the commercial offerings to two (2) tenancies (Subject to Development Permit 8/7/4546 for a Material Change of Use for “Indoor Sport and Entertainment” and a “Food and Drink Outlet” (Online Ref: 9466/2019, Application File Ref #6104625, Decision File Ref: 6159913). The tenancies have been specifically designed to support the establishment of the Timezone arcade and a smaller, complimentary food outlet. The purpose of this Local Laws application is to obtain the necessary approvals to place signage over the subject land that is in keeping with the Timezone branding. ASSESSMENT AGAINST LOCAL LAW NO. 4 (ADVERTISING DEVICES) 2019 The proposed Device/s are not prohibited under Part 3 (Prohibited advertising devices). The proposed device does not meet all of the criteria under Part 4 (Advertising device not requiring a permit) and therefore requires a permit. Accordingly, assessment is required against the applicable criteria of the following Parts of the Local Law:

Part 2 – Prescribed activity: o Section 9 – Additional criteria for all advertising devices o Section 10 – Additional criteria for specific types of advertising devices

Part 4 - Advertising devices not requiring a permit. Part 2, Section 9 – Additional criteria for all advertising devices

Requirements Compliance Assessment

Lawful Land Use ✔ The proposed signage is directly associated with lawful use approved under Development Permit 8/7/4546

Operational Aspects ✔

The operation of each device will be tied to the operation and use of the Timezone arcade. The conditions of approval stipulate that all signage approved under this application must be removed should Timezone no longer operate from the premises. The site is also considered to present a suitable level of separation from any sensitive land uses, ensuring that none of the signs would cause a nuisance.

Visibility (Proximity to State Controlled Road) N/A

The site does not front or sit in proximity to a State-controlled road.

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Impacts on Operation of Cairns Airport ✔

The signs are considered to be in keeping with the pattern of development within the Cairns CBD; and are generally not over and above what is expected for this area. Further, in respect to the permitted provision specified under Part 4, it is confirmed here that while the site is located within the Light Restriction Zone for the Cairns Airport (Zone D & Lighting Buffer), it is confirmed here that the conditions of approval will limit the luminance output to 300cd/m2; which is well below the maximum luminance requirements (i.e. 450cd/m2) for this Zone.

Character and Amenity / Relationship to the Built Form / Visual Impact ✔

Firstly, it is confirmed that the site is not recognised as holding and State or local heritage values, nor subject to any element depicted on the Neighbourhood Character Overlay Planning Scheme mapping. The proposed signage does not extend beyond the built from on a vertical plane (i.e. does not dominate or interrupt the skyline) and does not dominate either façade. It is offered that all of the devices are appropriately framed by the structure and do not present as a bulky feature or dominate either façade. The signs are considered to be generally in keeping with the pattern of development/signage in the street/area (i.e. the CBD), present an appropriate level of separation between each proposed device and adjoining properties, and compliments the new contemporary façade. The façade is articulated by other architectural elements, such as feature panelling that varies in colour, size, shape and texture; as well as LED strip lighting that weaves its way through the lower level of the façade. Further, it is acknowledged that the site is located in a prominent position within the Cairns CBD, not only as a corner site but also as a direct link to the Shields Street Heart. Accordingly, the site would benefit from more embellished signage to support wayfinding.

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Safety ✔

The Digital Wall Sign is recessed into the façade; and therefore does not cause a concern for public safety. The Illuminated Signs, however, protrude approx. 70mm from the façade. This is considered a reasonable level of overhang into the Local Government Area as it is not considered to be of a placement/design that would cause a trip hazard or create a space where a person could be concealed.

Advertising Content ✔ Advertising content is directly associated with the Timezone tenancy for onsite advertising purposes only.

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Part 2, Section 10 – Additional Criterial for specific type of advertising device The proposed Advertising Device/s have been assessed against the relevant provisions of Part 2 section 10. A detailed assessment of the proposed Advertising Devices has confirmed that both the proposed Digital and Illuminated Signs demonstrates full compliance with all of the additional criteria specified under section 10. There is no additional criteria for Wall Signs prescribed under this section. Part 4 – Advertising devices not requiring a permit, Section 15 – Requirements for advertising devices without a permit The proposed Advertising Device/s have been assessed against the relevant provisions of Part 4 section 10. There are no other relevant requirements within Part 4 applicable to the assessment of the Digital Signs. The proposed Illuminated Wall Signs comply with the applicable criteria with the exception of non-compliance addressed below: Section 10 – Additional Criteria for specific type of advertising devices – Illuminated Sign

Criteria Assessment (17) The Illuminated Sign: … (e) is not located on or over a local government controlled area or road; and :

The proposed Illuminated Signs depart from this provision as they protrude 70mm from the façade, which is built up to the front boundary. In review of the proposed design arrangements (i.e. placement, size, separation, etc.), each of the signs are considered suitable in this instance as they are not considered to overhang into the pedestrian thoroughfare to an extent that would cause a trip hazard or create a space where a person could be concealed.

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(k) there is only one Illuminated Sign per site or one per tenancy where there are multiple tenancies. A total of six (6) Illuminated Signs are proposed under this application. As outlined above, the Advertising Devices proposed under this application are exclusively associated with the Timezone arcade. It is acknowledged, however, that the tenant for the smaller tenancy approved for a “Food and Drink Outlet” is currently unknown; therefore, it would be unreasonable in this instance for the Applicant to comply with this provision. With respect to the number of Devices, it is offered that each of the devices are appropriate framed by the structure and do not present as a bulky feature or dominate either façade. The signs are considered to be generally in keeping with the pattern of development/signage in the street/area (i.e. the CBD), present an appropriate level of separation between each proposed device and adjoining properties, and compliments the new contemporary façade. Further, it is noted that the lamination will be managed by the conditions imposed under this Permit; therefore, it is anticipated that the site will not create excessive light pollution through the use of these devices.

(m) has a maximum advertising area of: (v) 1m2 within the Principal Centre Zone;

To confirm, all of the proposed Illuminated Signs present a collective advertising area of approx. 17.02m2. While the proposed advertising area exceeds the prescribed threshold as a permitted device, none of the proposed Devices exceed the maximum advertising are of 50m2 prescribed under Part 4 section 15, Item h, Table 4 for a Principal Centre.

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(s) is affixed flush to the building or structure and does not extend beyond the outline of the building or structure; and

Refer to commentary provided against item (e) above.

Section 37 – Additional Criteria for specific type of advertising devices – Wall Sign

Criteria Assessment (37) The Wall Sign: (e) is not located on or over a local government area or road; and

Refer to commentary provided against Illuminated Sign - item (e) above.

(j) is not located within 500mm of the outer edge of the wall surface or architectural feature (e.g. window, door opening, column or the like); and

It is confirmed the following Devices depart from this criteria: Sign 1.1: is located approx. 200mm above the

entry door Sign 1.3: Is located approx. 200mm below the

roof overhang. Sign 2 Is located approx. 200mm away from

the entry door (Shields Street frontage only).

Despite this departure, it is offered that each of the devices are appropriate framed by the structure and do not present as a bulky feature or dominate either façade. Further, the façade is articulated by other architectural elements, such as feature panelling that varies in colour, size, shape and texture; as well as LED strip lighting that weaves its way through the lower level of the façade (i.e. will not result in cluttering the façade or the streetscape).

(o) where there is more than one tenancy on the site, the Wall Sign provides advertising for each tenancy or a list of tenancies on the site; and

Refer to commentary provided against Illuminated Sign item (k) above.

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Other Considerations In accordance with Part 9, section 11, ‘conditions that must be imposed’, the term of approval for the Digital sign must be a maximum of five (5) years. To achieve alignment with the Local Law renewal timeframes, a condition of the approval limits the life of the approval to 31 July 2024. An Advice Note has also been added to this Permit to advise the Applicant that a Renewal Application can be submitted prior to the lapsing of the permit. It is highlighted that Local Law No. 4 includes provisions to limit the operating time of all Illuminated and Digital Devices (i.e. tuned off between 10pm to 6am); however, exemptions are provide under Part 2 where the site is located in a Principal Centre Zone. Accordingly, this permit does not include a condition to limit and/or manage the operating time of any of the proposed Devices. THIRD PARTY ADVICE This application was not sent to any Third Party Agencies for advice. ATTACHMENTS:

1. Approved Plans Louise Cameron Planning Officer Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: Approved plan(s) & document(s)

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Documents

LOCAL LAW APPLICATION FOR THE DISPLAY OF ADVERTISING ... · RECOMMENDATION: That Council approves the Local Law application for the display of Advertising ... Digital Wall Signs;