17Limitation on building height

17 Limitation on building height

17 Limitation on building height

(1) In this clause height, in relation to a building the topmost floor of which has a ceiling, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.

(2) Except as provided by subclauses (2A), (4), a person shall not, only any land to which this plan applies, erect a building taller than 6.4 metres in height unless the council is satisfied that the building will not—

(a) adversely affect the existing or future amenity of adjoining properties by overshadowing or causing loss of privacy,

(b) significantly obstruct views from adjacent buildings and public places,

(c) have an adverse impact on the scenic or landscape quality of the locality, or

(d) exceed 2 storeys.

(2A) Notwithstanding subclause (2) (d), a person may, with the consent of the Council, erect a building containing more than two storeys on land on which the Ballina Racecourse operates, being allotment 3 DP 820688 Racecourse Road, Ballina.

(3) (Repealed)

(4) A person may, with the consent of the council, erect a building on land in the central business district of Ballina shown hatched green on the map only if the building does not exceed 16 metres in height.

cl 17: Am 31.10.1997; 7.1.2000.