48Sun access planes

48 Sun access planes

48 Sun access planes

(1) Subject to subclauses (2), (3) and (4), development that results in any part of a building projecting above a sun access plane for a park or community place identified in the sun access planes table in Schedule 2 is prohibited if the building is situated on land shown on the relevant map in Schedule 2 as affected by the sun access plane.

(2) Any part of a sun access plane identified as plane B2, F2 or I2 in the sun access planes table in Schedule 2 that is directly beneath part of another sun access plane identified as plane B1, F1 or I1 in that table is to be disregarded for the purposes of this clause.

(3) This clause does not apply to development resulting only in refurbishment of a building.

(4) Clause 10 (Waiver of certain development standards) does not apply to a requirement made by this clause.

cl 48: Am 2019 (659), Sch 1.34[3].