20A

20A Balconies on certain residential flat buildings

20A Balconies on certain residential flat buildings

(1) This section applies to development for the purposes of residential accommodation on land identified as “Urban Area” on the Key Sites Map.

(2) The consent authority may exclude the gross floor area of any existing or proposed noise-affected or wind-affected balcony from the calculation of the total floor space of a building for the purposes of applying a floor space ratio if the consent authority is satisfied of the following—

(a) the gross floor area of the noise-affected or wind-affected balcony does not exceed 15% of the gross floor area of the dwelling to which the balcony is attached,

(b) the noise-affected or wind-affected balcony is used, or designed to be used, as external open space,

(c) the noise-affected or wind-affected balcony has sufficient natural ventilation,

(d) the partial enclosure of the noise-affected or wind-affected balcony does not increase the apparent bulk of the building.

(3) In this section—

noise-affected or wind-affected balcony means a balcony that is—

(a) part of a building used for the purposes of residential accommodation that is greater than 24m high, and

(b) above the level of—

(i) if the building has a podium—the podium, or

(ii) otherwise—24m, and

(c) partially enclosed.