54Restrictions on building

54 Restrictions on building

54 Restrictions on building

(1) A person shall not erect a building on land within an escarpment preservation area, if that building—

(a) has a height, when measured form any point on the building to the natural ground level of the site immediately below that point, of more than 8 metres,

(b) occupies more than 55 per cent of the area of the site, or

(c) except as provided by subclause (2) or (3), has external surfaces of other than prescribed materials.

(2) Subclause (1) (c) does not—

(a) operate to prohibit the use of materials other than prescribed materials, if the use of those other materials is necessary for the purpose of complying with Ordinance No 70 made under the Local Government Act 1919, or

(b) apply where, in the opinion of the council, the use of a material other than a prescribed material would, by reason of the topography of the site, have no detrimental effect on the visual appearance of the escarpment.

(3) The council may consent to—

(a) the alteration or enlargement of—

(i) an existing building, or

(ii) a building ancillary to an existing building,

on land within an escarpment preservation area, if the existing building or the building ancillary to the existing building has external surfaces of other than prescribed materials, or

(b) the use of the external surface of a building, on land within an escarpment preservation area, of materials other than prescribed materials, if the total surface area of those materials does not exceed 10 per cent of the external surface area of the building.

(4) In subclause (3), existing building means a building lawfully erected at any time prior to the making, after the appointed day, of a development application in respect of the land on which the building is erected.