32Inconsistencies with planning scheme

32 Inconsistencies with planning scheme (1) The Minister must not make an interim development control order that allows a development of land that, if the order had not been made, would not be lawful under the planning scheme relating to (2) Subject to subsection (1), if there is an inconsistency between an interim development control order and a planning scheme, the interim development control order prevails and the planning scheme, to the extent of the inconsistency, has no effect for the duration of the order. Part 4 Existing uses, existing buildings, existing works and permits Division 1 Existing uses, existing buildings and existing 33 Existing use, building and works (1) For this Part, a use of land is an existing use if the following (a) the use was being made immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land; (b) the use was lawful under this Act immediately before the commencement: (i) as a use permitted without the consent of a consent authority; or

Planning Act 1999 50 (ii) as a use permitted under a planning scheme only with the consent of the consent authority and to which the consent authority had consented; (c) the use would cease to be lawful after the commencement if not for this Part. (2) Also, a use of land is an existing use for this Part if it is permitted only in accordance with an exceptional development permit. (3) For this Part, a building is an existing building if the following (a) the building was in existence immediately before the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the building is situated; (b) the building was lawful under this Act immediately before the commencement; (c) the building would cease to be lawful after the commencement if not for this Part. (4) For this Part, works are existing works if the following (a) the works had been carried out before, or were being carried out immediately before, the commencement of a planning scheme, or of an amendment of a planning scheme, relating to the land on which the works were, or were being, carried out; (b) the works were lawful under this Act immediately before the commencement; (c) the works would cease to be lawful after the commencement if not for this Part.