22Tourist accommodation, staff accommodation and commercial premises

22 Tourist accommodation, staff accommodation and commercial premises

22 Tourist accommodation, staff accommodation and commercial premises

(1) The consent authority must not consent to the erection, enlargement or extension of any building comprising, or ancillary to, tourist accommodation, staff accommodation or commercial premises on an allotment unless—

(a) the total area of the allotment occupied by any existing or proposed buildings comprising, or ancillary to, the accommodation or premises is no more than 15 percent of the balance of the area of the allotment remaining after the minimum dwelling area is deducted from the total area of the allotment, and

(b) it is proposed that at least 50 percent of the total area of the allotment be comprised of landscaped areas and that various species of plants that are native to the Island and common to the locality be retained or planted on at least 35 percent of the total area of the allotment, and

(c) the proposed development is carried out on a part of the allotment that does not have any significant native vegetation, and

(d) the consent authority is satisfied that there is a demonstrated business need for the development.

(2) Subclause (1) does not apply to the rebuilding of any part of a building that comprises, or is ancillary to, tourist accommodation, staff accommodation or commercial premises.

(3) The consent authority must not consent to development for the purposes of staff accommodation that is ancillary to tourist accommodation unless the land on which the development is proposed to be carried out is the subject of the same lease as the tourist accommodation.

(4) The consent authority must not consent to development for the purposes of tourist accommodation unless it is satisfied that the total number of persons permitted to be accommodated in all forms of tourist accommodation on the Island will be no more than 400 persons (excluding those under the age of 5 years) at any time.

(5) In this clause—

lease means—

(a) a lease granted and in force under section 21 (Leases in perpetuity for residence) or section 22 (Special leases) of the Lord Howe Island Act 1953, or

(b) a permission to occupy Crown lands granted and in force under section 31A (Permissive occupancies) of that Act, or