sch.10-sec.27HProhibited development—development in Spit building height control area

sch.10-sec.27H Prohibited development—development in Spit building height control area

Development in the Spit building height control area is prohibited development to the extent the development results in a building or structure that has a building height of more than 3 storeys or 15m. However, subsection (1) does not apply to development for an outdoor theme park ride at Sea World. Also, subsection (1) does not apply to development for— the maintenance or repair of an existing, and lawfully constructed, building or structure; or the replacement of an existing, and lawfully constructed, building or structure with an equivalent or substantially similar building or structure. In this section— building height , of a building or structure, means— for a building—the number of storeys in the building above ground level; or the vertical distance, measured in metres, between the ground level of the building or structure and the highest point of the building or structure, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna. outdoor theme park ride means a theme park ride that is not enclosed in a building. Sea World — means Lot 1 on CP846066; and includes a lot created by the subdivision of the lot mentioned in paragraph (a) . Spit building height control area means the area shown as The Spit building height control area on the map in schedule 23A . sch 10 s 27H ins 2019 SL No. 243 s 6 (sch.10-sec.27H-ssec.1) Development in the Spit building height control area is prohibited development to the extent the development results in a building or structure that has a building height of more than 3 storeys or 15m. (sch.10-sec.27H-ssec.2) However, subsection (1) does not apply to development for an outdoor theme park ride at Sea World. (sch.10-sec.27H-ssec.3) Also, subsection (1) does not apply to development for— the maintenance or repair of an existing, and lawfully constructed, building or structure; or the replacement of an existing, and lawfully constructed, building or structure with an equivalent or substantially similar building or structure. (sch.10-sec.27H-ssec.4) In this section— building height , of a building or structure, means— for a building—the number of storeys in the building above ground level; or the vertical distance, measured in metres, between the ground level of the building or structure and the highest point of the building or structure, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna. outdoor theme park ride means a theme park ride that is not enclosed in a building. Sea World — means Lot 1 on CP846066; and includes a lot created by the subdivision of the lot mentioned in paragraph (a) . Spit building height control area means the area shown as The Spit building height control area on the map in schedule 23A .

• (a) the maintenance or repair of an existing, and lawfully constructed, building or structure; or