27KFGross floor area and land use mix

27KF Gross floor area and land use mix

27KF Gross floor area and land use mix

(1) Subject to subclause (2), the Council must not grant consent to the carrying out of non-conforming development on any development site.

(2) The Council may grant consent to the carrying out of non-conforming development on any development site if it is satisfied that—

(a) the total gross floor area of all development on that site will not differ by more than 10% from the total gross floor area specified for that site in Part 2 of Schedule 5, and

(b) the proportion of the gross floor area of the development in respect of each purpose specified in Part 2 of Schedule 5 (commercial, residential or retail)—

(i) if the proportion so specified in relation to that purpose is other than “nil”, will not differ by more than 10% from the proportion so specified (where, for example, 18% and 22% each differ by 10% from 20%), and

(ii) if the proportion so specified in relation to that purpose is “nil”, will not exceed 5% of the gross floor area of the development, and

(c) the design of the development is derived from, and supported by, a rigorous analysis of the development site, and

(d) the development will result in a built form that contributes positively to the amenity of the public domain, and will not have a significant adverse effect on the use of any adjoining land, and

(e) the development will achieve the objectives of the zone in which it is carried out in a manner that equals, or betters, that which would result from the carrying out of conforming development on that site.

(3) For the purposes of this clause—

conforming development, in relation to a development site, means development that results in a total gross floor area, and a mix of commercial, residential and retail development, equal to the total gross floor area and total mix of development specified for that site in Part 2 of Schedule 5.

development site means a site identified on the map shown in Part 1 of Schedule 5.

non-conforming development, in relation to a development site, means development that is not conforming development in relation to that site.

cl 27KF: Ins 2006 (806), Sch 1 [3].