32Determination of percentages of residential and

32 Determination of percentages of residential and commercial parts of development (1) This section applies if the commissioner has received— (a) a qualifying development application for an eligible parcel of land; and (b) any information and documents requested by the commissioner in relation to the application. (2) The commissioner must determine— (a) the percentage of the intended development that is to be used for commercial purposes; and (b) the percentage of the intended development that is to be used for residential purposes. (3) The commissioner must determine the percentage of the intended development that is to be used for commercial purposes to be— (a) the percentage of the total development of the parts identified in the application as parts intended to be used for commercial purposes; or (b) the percentage of the intended development that the commissioner considers can be developed for commercial purposes in accordance with the lease, if the commissioner believes, on reasonable grounds— (i) that the development in accordance with the percentage identified from the application would contravene the lease of the parcel; or (ii) that the percentage was not identified honestly.

(4) The commissioner must determine the percentage of the intended development that is to be used for residential purposes to be 100% less the percentage determined to be used for commercial purposes. (5) The commissioner may redetermine a percentage determined under this section if the commissioner considers it justified because of further information or documents received by the commissioner in relation to the parcel. (6) The commissioner must give written notice to the owner of the parcel of a determination under this section in relation to the parcel.