59ALapse of permit on abandonment of permitted use

59A Lapse of permit on abandonment of permitted use (1) This section applies in relation to the following development permits: (a) a development permit taken to be in force by virtue of section 45; (b) a development permit that remains in force by virtue of section 58(4). (2) If a person discontinues a permitted use for a continuous period of not less than 12 months, the person is conclusively presumed to have abandoned the permitted use and the development permit is taken to have lapsed. (3) Within 12 months after a permitted use is discontinued, an owner of the land or a person authorised in writing by the owner may apply to the consent authority in writing for an extension of the period referred to in subsection (2). (4) The consent authority may determine the application by extending or refusing to extend the period during which the permitted use may be discontinued without a person being conclusively presumed to have abandoned the use.

Planning Act 1999 78 (5) In this section: permitted use means a use of land that is taken to be permitted by a development permit referred to in subsection (1)(a) or is permitted by a development permit referred to in subsection (1)(b).