1. The activities in the underlying zone apply in the Albany Centre precinct unless otherwise specified in the activity table below.

1. Any new dwelling must be subject to a no-complaint covenant entered onto the title and registered in favour of the North Shore Stadium and North Shore Domain Trust.

2. The no-complaint covenant will require any landowner or occupant to forego any right to lodge submissions in opposition to, or otherwise restrict, noise from concerts at the stadium which are in accordance with any approved framework plan, any lawfully established activities, any approved resource consent for a controlled or restricted discretionary activity or liquor license renewal.

1.For permitted activities in the Albany Centre precinct and sub-precincts, the development controls in the Metropolitan zone or the Business Park zone apply in the precinct or sub-precinct unless otherwise stated below.

1. Development must provide the streets (arterial, collector and local) within 20m of their location as shown in Precinct Plan 1, except that:

a. local street (main street) must join Don McKinnon Drive in the same location as the collector (main street)

b. local street (main street) must be provided within 10m of its location as shown in Precinct Plan 1.

2. The design of all streets, including dimensions and design features, must be in accordance with the relevant figures in Appendix 11.5.1.

3. All streets shown in Precinct Plan 1 must be transferred to the council as public roads except those shown as local streets (public/private).

4. Reserves must be provided in accordance with Precinct Plan 1.

5. Open air pedestrian only areas longer than 50m must have a clearway of 3.5m to enable access by emergency vehicles with an overall minimum width between buildings of 12m.

6. Infringement of this control is a discretionary activity except for the following which are restricted discretionary activities:

a. variations to the location, width and design of local streets

b. variations to the location of the local street (main street), provided that the alignment follows the secondary axis and is no more than 20m from the alignment at the boundary with the land zoned Public Open Space - Civic and Community

c. variations to the location, size and design of:

i. reserves and open spaces

ii. identified features on Lot 2 DP 338562.

1. Any development not meeting the front yard controls is a non complying activity, except for the following which are restricted discretionary activities:

a. in sub-precinct A, reducing the front yard to 1.8m

b. on sites fronting Oteha Valley Road, the front yard may be reduced to 5m, provided that a minimum 40 per cent of that part of the building fronting Oteha Valley Road is fully glazed to provide showroom and display areas.

1. Buildings on sites in sub-precinct A or B that front arterial, collector (commercial) and local street (commercial) must not be set back more than 5m from the road frontage for the full length of the building, except that 40 per cent of the length of the building may be set back up to 15m where any setback greater than 5m is at least 40m beyond any intersection with collector (main street) or local street (main street).

2. Buildings on sites located along the local street connecting collector (main street) with Munroe Lane must not be set back more than 3m from the road frontage for the full length of the building.

3. Buildings on sites in sub-precinct C fronting Munroe Lane and Appian Way must not be set back more than 12m from the road frontage for the full length of the building.

4. Any development not meeting the building setback controls is a non complying activity except for the following which are restricted discretionary activities:

a. Buildings on sites fronting a collector (main street) or local street (main street), where:

i. the building setback is provided to accommodate plazas, eating areas, arcade entrances and pedestrian through routes associated with a ground floor use and is no more than 12m, or

ii. the building setback accommodates rain gardens installed to mitigate the effects of stormwater runoff and is no more than 3m.

b. Buildings on sites fronting arterials or local streets (commercial), where the building is set back more than 15m but less than 20m, provided that the setback is at least 40m from any intersection with a collector (main street) or local street (main street).

5. Buildings on sites in sub-precinct D must be set back in relation to the setbacks shown in Precinct Plan 4.

6. Sites in sub-precinct D must provide 10m yard setback to Public Open Space zone boundaries.

1. Ground floor parking within a building must not be located adjacent to the street frontage or any space in public ownership. Buildings must be designed to accommodate a business or residential activity, depending on the zone, between any ground floor parking and the building frontage.

2. On sites in sub-precinct A, there must not be parking between any building and the front boundary of the site. Parking must be located to the side of, the rear of, within or under buildings.

3. On sites in sub-precinct C fronting Munroe Lane and Appian Way, no more than one aisle of parking may be located directly between a building’s frontage and the front boundary of the site. All other parking must be located to the side of, the rear of, within or under buildings.

4. Any development not meeting the location of parking controls is a non complying activity, except for the following which is a restricted discretionary activity:

a. ground floor parking located adjacent to the street frontage within a building, provided that it does not occupy more than 20 per cent of the street frontage of that site.

1. Sites in sub-precinct D must provide minimum landscaped areas as follows:

1. Compliance with Precinct Plan 1

2. Front yard.

1. Compliance with Precinct Plan 1

a. Local streets should be provided to ensure good amenity and the same level of connectivity for pedestrians and motorists as that indicated on Precinct Plan 1.

b. Reserves and open spaces should be in a similar location and of a similar scale to those indicated in Precinct Plan 1.

2. Front yard

a. Any reduction of the front yard should ensure that:

i. The privacy of residents is protected

ii. The safety and amenity of the street is maintained.

b. On sites adjacent to Oteha Valley Road, any reduction of the front yard should ensure that a visually appealing frontage to Oteha Valley Road is achieved.