23BRestrictions on certain development in Zone No 3 (a) or 3 (d) in the Kiama town centre and Zone No 3 (a) in the Gerringong town centre

23B Restrictions on certain development in Zone No 3 (a) or 3 (d) in the Kiama town centre and Zone No 3 (a) in the Gerringong town centre

23B Restrictions on certain development in Zone No 3 (a) or 3 (d) in the Kiama town centre and Zone No 3 (a) in the Gerringong town centre

(1) This clause applies to land in—

(a) Zone No 3 (a) or 3 (d) in the Kiama town centre, and

(b) Zone No 3 (a) in the Gerringong town centre.

(2) The Council must not consent to development for the purpose of the erection of a new building or the conversion of an existing building on the land unless—

(a) a significant part of the ground level (excluding any land used to provide vehicular access) will be available for business purposes including any associated business car parking, or

(b) any associated residential car parking will not be located at the ground level of the building or its curtilage.

(3) However, the Council may grant consent to such development if it is satisfied that—

(a) providing residential car parking at a level other than the ground level is impractical because of underlying geological or water table conditions or for civil engineering design reasons, or

(b) the scale of the proposed development is minor in the context of the remaining part of the land’s potential for further development, or

(c) the development will not inhibit or restrict the future development of the remaining ground level part of the land for business purposes and associated business car parking.

(4) Before granting consent to development mentioned in subclause (2), the Council must consider if any associated business or residential car parking area is designed in a way that—

(a) will enable a significant part of the ground level to be used, or to be capable of being used, for business purposes, and

(b) includes safety design features to protect pedestrians from car movements to and from the land, and

(c) includes good urban and architectural design outcomes that contribute positively to the town centre streetscape and enhances the attractiveness of the centre as a place to conduct business.