52Height of buildings on a Category A or B site

52 Height of buildings on a Category A or B site

52 Height of buildings on a Category A or B site

(1) Consent may be granted to development that will result in a building projecting above a sun access plane for a location if—

(a) the site of the building is a site nominated as Category A in Schedule 3, and

(b) the building would reduce the excess overshadowing of the location by at least 50 per cent between the nominated times specified for the location by clause 49. Excess overshadowing of a location is the area of shadow cast by so much of a building as projects above the sun access plane for the location.

(2) A building on a site nominated as Category B in Schedule 3 may project above a sun access plane that affects the Category B site, but only if the height of the building does not exceed the height of any building situated on the corresponding site nominated as a Category A site in that Schedule.

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