75Height of buildings

75 Height of buildings

75 Height of buildings

(1) The objectives of this clause are as follows—

(a) to regulate the height of buildings on land in the Illawarra Regional Business Park site,

(b) to ensure that the effective and on-going operation of Illawarra Regional Airport is not compromised by any development,

(c) to protect the views to and from “Ravensthorpe” at 52–56 Tongarra Road, Albion Park, being a heritage item.

(2) The height of a building on any land within the Illawarra Regional Business Park site is not to exceed the maximum height shown for the land on the—

(a) Height of Buildings Map, or

(b) Airport Height Limitation Plan,

whichever is the lesser.

(3) Despite subclause (2), development consent may be granted for development that exceeds the maximum height for the land if—

(a) the consent authority is satisfied that the proposed building is unlikely to adversely affect the views to and from “Ravensthorpe” as referred to in subclause (1) (c), and

(b) the consent authority is satisfied that the proposed building is unlikely to constitute an obstruction or hazard to aircraft flying in the vicinity, and

(c) the proposed building does not comply with the Airport Height Limitation Plan, the Civil Aviation Safety Authority has been given notice of the proposal and any comments made by it to the consent authority within 28 days of its being notified have been taken into consideration by the consent authority.

cl 75: Ins 2010 (631), Sch 1.5.