Economic Development Act 2012
sec.42MImplied and uncommenced rights to use premises protected
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sec.42M Implied and uncommenced rights to use premises protected
This section applies if— a PDA development approval comes into effect; and immediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and a planning instrument change is made before the use starts. The use is taken to be a lawful use in existence immediately before the planning instrument change is made or taken to have been made. s 42M ins 2014 No. 40 s 8 amd 2019 No. 11 s 36 (sec.42M-ssec.1) This section applies if— a PDA development approval comes into effect; and immediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and a planning instrument change is made before the use starts. (sec.42M-ssec.2) The use is taken to be a lawful use in existence immediately before the planning instrument change is made or taken to have been made.
- (a) a PDA development approval comes into effect; and
- (b) immediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and
- (c) a planning instrument change is made before the use starts.