sec.59Implied and uncommenced right to use

sec.59 Implied and uncommenced right to use

This section applies if— a development approval comes into effect for premises wholly or partly on airport land; and when the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009 , a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and after the application was properly made, but before the use started— the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act . The use is taken, for the Planning Act , to be a lawful use in existence immediately before the plan as amended or replaced took effect, or the local planning instrument started applying to the premises, if— the development approval has not lapsed; and the use starts within 5 years after the completion of the development the approval is for. s 59 sub 2016 No. 27 s 23 (sec.59-ssec.1) This section applies if— a development approval comes into effect for premises wholly or partly on airport land; and when the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009 , a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and after the application was properly made, but before the use started— the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act . (sec.59-ssec.2) The use is taken, for the Planning Act , to be a lawful use in existence immediately before the plan as amended or replaced took effect, or the local planning instrument started applying to the premises, if— the development approval has not lapsed; and the use starts within 5 years after the completion of the development the approval is for.

• (a) a development approval comes into effect for premises wholly or partly on airport land; and
• (b) when the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009 , a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and
• (c) after the application was properly made, but before the use started— (i) the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or (ii) the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act .