sec.261Implied and uncommenced right to use

### sec.261 Implied and uncommenced right to use This section applies if— a development approval comes into effect; and when the development application was properly made, a material change of use for a use that the application implies was accepted development; and after the application was properly made, but before the use started, a planning instrument change provided for the material change of use to be assessable development or prohibited development. The use is taken to be a lawful use in existence immediately before the change if— the development approval has not lapsed; and the use starts within 5 years after the completion of the development. (sec.261-ssec.1) This section applies if— a development approval comes into effect; and when the development application was properly made, a material change of use for a use that the application implies was accepted development; and after the application was properly made, but before the use started, a planning instrument change provided for the material change of use to be assessable development or prohibited development. (sec.261-ssec.2) The use is taken to be a lawful use in existence immediately before the change if— the development approval has not lapsed; and the use starts within 5 years after the completion of the development. - (a) a development approval comes into effect; and - (b) when the development application was properly made, a material change of use for a use that the application implies was accepted development; and - (c) after the application was properly made, but before the use started, a planning instrument change provided for the material change of use to be assessable development or prohibited development. - (a) the development approval has not lapsed; and - (b) the use starts within 5 years after the completion of the development.