34Existing use protected

34 Existing use protected (1) Subject to subsection (2), a person does not contravene a planning scheme only by continuing an existing use after the commencement of a conflicting provision. (2) A person may continue an existing use only if: (a) the use is restricted to the part of the land on which the use was being made immediately before the commencement of the conflicting provision; and

Planning Act 1999 51 (b) the intensity of the use is not greater than the intensity of use immediately before the commencement of the conflicting provision. (3) In this section: conflicting provision means a provision of a planning scheme, or an amendment of a provision of a planning scheme, with which an existing use conflicts.