36Mixed use development

36 Mixed use development

36 Mixed use development

(1) Consent must not be granted for mixed use development unless the consent authority is satisfied that—

(a) the gross floor area that will be used for commercial, retail or recreation facilities (including recreational facilities (indoor) for development in Zone B4) will be not less than 20 percent of the total gross floor area within the site area to which the development application relates, and

(b) the gross floor area that will be used for dwellings and any accommodation for tourists will be not less than 50 percent of that total.

(2) Despite subclause (1), the Council may grant consent for mixed use development even though the gross floor area that will be used for commercial, retail or recreation facilities is less than 20% of the total gross floor area within the site if it is satisfied—

(a) that the proposed gross floor area is justified on economic grounds, and

(b) that the proposed development will provide an active street frontage.

(3) In considering whether it is satisfied of the matters referred to in subclause (2), the Council must take into account the matters listed in clause 21 (a)–(j) to the extent that they are relevant to the proposed development.

(4) In this clause—

active street frontage means a street frontage that enables direct visual and physical contact between the street and the interior of the building. Clearly defined entrances, windows and shop fronts are elements of the building façade that contribute to an active street frontage.

cl 36: Am 2010 (218), Sch 1 [22]; 2010 (288), Sch 1 [3].