sec.362Application of part

### sec.362 Application of part This part applies in relation to the carrying out, before the commencement, of a material change of use of premises for a use that is a sex work business (the relevant sex work business ). However, this part applies in relation to the material change of use only to the extent that— when the material change of use was carried out, it was— prohibited development, or assessable development, under the Planning Regulation 2017 , schedule 10, part 2; or assessable development under a planning instrument because the material change of use was for a shop, or a home-based business, as defined in the Planning Regulation 2017 , schedule 24; and the carrying out of the material change of use contravened section 162 or 163(1). s 362 ins 2024 No. 23 s 31B (sec.362-ssec.1) This part applies in relation to the carrying out, before the commencement, of a material change of use of premises for a use that is a sex work business (the relevant sex work business ). (sec.362-ssec.2) However, this part applies in relation to the material change of use only to the extent that— when the material change of use was carried out, it was— prohibited development, or assessable development, under the Planning Regulation 2017 , schedule 10, part 2; or assessable development under a planning instrument because the material change of use was for a shop, or a home-based business, as defined in the Planning Regulation 2017 , schedule 24; and the carrying out of the material change of use contravened section 162 or 163(1). - (a) when the material change of use was carried out, it was— (i) prohibited development, or assessable development, under the Planning Regulation 2017 , schedule 10, part 2; or (ii) assessable development under a planning instrument because the material change of use was for a shop, or a home-based business, as defined in the Planning Regulation 2017 , schedule 24; and - (i) prohibited development, or assessable development, under the Planning Regulation 2017 , schedule 10, part 2; or - (ii) assessable development under a planning instrument because the material change of use was for a shop, or a home-based business, as defined in the Planning Regulation 2017 , schedule 24; and - (b) the carrying out of the material change of use contravened section 162 or 163(1). - (i) prohibited development, or assessable development, under the Planning Regulation 2017 , schedule 10, part 2; or - (ii) assessable development under a planning instrument because the material change of use was for a shop, or a home-based business, as defined in the Planning Regulation 2017 , schedule 24; and