- Approved uses under former planning schemes can continue.
- The use must be continual and not intensified.
The Land Use and Planning Approvals Act 1993 (LUPAA) protects some ongoing legally established uses and developments.
A planning scheme cannot stop a lawfully existing use under the Act if the existing use was established before the planning scheme started. You should check with the council or seek legal advice to find out if this applies.
Issues that may be considered when determining existing use rights could include:
- continuous use
- approved but still unfinished development
- reconstruction of destroyed buildings.
A use must be uninterrupted for two years to be considered continuous.
