23ATourist and other facilities on land within Zone No 3 (b)—former Kiama Infants School site

23A Tourist and other facilities on land within Zone No 3 (b)—former Kiama Infants School site

23A Tourist and other facilities on land within Zone No 3 (b)—former Kiama Infants School site

(1) This clause applies to land within Zone No 3 (b) and situated at the corner of Minnamurra and Shoalhaven Streets, Kiama, being Lots 1 and 2, DP 869103, and known as the former Kiama Infants School site, as shown edged heavy black on the map marked “Kiama Local Environmental Plan 1996 (Amendment No 54)”.

(2) Despite the general objectives for Zone No 3 (b) as set out in the Land Use Table to clause 9, the objectives for the land to which this clause applies are as follows—

(a) to allow, with the consent of the Council, the erection of a tourist facility on the land, comprising two buildings, that provide tourist accommodation and related facilities, having—

(i) maximum heights of 4.5 and 2.5 storeys, respectively, above ground level, and

(ii) a maximum floorspace ratio of 1:1, exclusive of the former school,

(b) to encourage the conservation of the former school situated on the land and its conversion to an art gallery, including exhibition, conference and function rooms and associated amenities,

(c) to encourage public access, including disabled persons’ access, to the land and the former school,

(d) to ensure any proposed development of the land is of an appropriate design having regard to the need to retain the former school,

(e) to protect trees that the Council considers to be significant on, and adjacent to, the land,

(f) to prohibit the erection of a residential flat building on the land, even if the residential flat building is proposed to be attached to a commercial or retail building,

(g) to prohibit any proposed tourist accommodation building referred to in paragraph (a) being used as a residential flat building, even if the tourist accommodation building is attached to a commercial or retail building.

(3) Despite any other provision of this plan, the Council may consent to the erection of a tourist facility on the land to which this clause applies if the tourist facility provides for—

(a) the erection of a tourist accommodation building comprising hotel suites (located generally to the west of the former school) having—