sec.46EUse of premises after stated period ends

### sec.46E Use of premises after stated period ends This section applies if— during the stated period, the material change of use is carried out on premises under the declaration; and either— a development approval is not given for the material change of use before the end of the stated period; or immediately before the end of the stated period, development under a development approval given for the material change of use is not permitted to start under section 72 . If the material change of use involved the start of a new use or the re-establishment of a use on the premises— the carrying out of the material change of use under the declaration does not have the effect that the use is a lawful use of the premises after the stated period ends; and despite section 260 (1) , a planning instrument that starts applying to the premises at the end of the stated period may do a thing mentioned in the section in relation to the use; and See also section 260 (3) . the carrying out of the use after the end of the stated period is taken to be a material change of use of the premises. However, if subsection (1) (b) (ii) applies, subsection (2) (c) does not— have the effect that a planning instrument may stop or further regulate the carrying out of the material change of use under the development approval; or affect the development approval. If the material change of use involved a material increase in the intensity or scale of an existing use of the premises— the carrying out of the material change of use under the declaration does not have the effect that the use at the increased intensity or scale is a lawful use of the premises after the stated period ends; and despite section 260 (1) , a planning instrument that starts applying to the premises at the end of the stated period may do a thing mentioned in the section in relation to the use at the increased intensity or scale; and See also section 260 (3) . the carrying out of the use at the increased intensity or scale after the end of the stated period is taken to be a material change of use of the premises. However, if subsection (1) (b) (ii) applies, subsection (4) (c) does not— have the effect that a planning instrument may stop or further regulate the carrying out of the material change of use under the development approval; or affect the development approval. s 46E ins 2024 No. 13 s 28 (sec.46E-ssec.1) This section applies if— during the stated period, the material change of use is carried out on premises under the declaration; and either— a development approval is not given for the material change of use before the end of the stated period; or immediately before the end of the stated period, development under a development approval given for the material change of use is not permitted to start under section 72 . (sec.46E-ssec.2) If the material change of use involved the start of a new use or the re-establishment of a use on the premises— the carrying out of the material change of use under the declaration does not have the effect that the use is a lawful use of the premises after the stated period ends; and despite section 260 (1) , a planning instrument that starts applying to the premises at the end of the stated period may do a thing mentioned in the section in relation to the use; and See also section 260 (3) . the carrying out of the use after the end of the stated period is taken to be a material change of use of the premises. (sec.46E-ssec.3) However, if subsection (1) (b) (ii) applies, subsection (2) (c) does not— have the effect that a planning instrument may stop or further regulate the carrying out of the material change of use under the development approval; or affect the development approval. (sec.46E-ssec.4) If the material change of use involved a material increase in the intensity or scale of an existing use of the premises— the carrying out of the material change of use under the declaration does not have the effect that the use at the increased intensity or scale is a lawful use of the premises after the stated period ends; and despite section 260 (1) , a planning instrument that starts applying to the premises at the end of the stated period may do a thing mentioned in the section in relation to the use at the increased intensity or scale; and See also section 260 (3) . the carrying out of the use at the increased intensity or scale after the end of the stated period is taken to be a material change of use of the premises. (sec.46E-ssec.5) However, if subsection (1) (b) (ii) applies, subsection (4) (c) does not— have the effect that a planning instrument may stop or further regulate the carrying out of the material change of use under the development approval; or affect the development approval. - (a) during the stated period, the material change of use is carried out on premises under the declaration; and - (b) either— (i) a development approval is not given for the material change of use before the end of the stated period; or (ii) immediately before the end of the stated period, development under a development approval given for the material change of use is not permitted to start under section 72 . - (i) a development approval is not given for the material change of use before the end of the stated period; or - (ii) immediately before the end of the stated period, development under a development approval given for the material change of use is not permitted to start under section 72 . - (i) a development approval is not given for the material change of use before the end of the stated period; or - (ii) immediately before the end of the stated period, development under a development approval given for the material change of use is not permitted to start under section 72 . - (a) the carrying out of the material change of use under the declaration does not have the effect that the use is a lawful use of the premises after the stated period ends; and - (b) despite section 260 (1) , a planning instrument that starts applying to the premises at the end of the stated period may do a thing mentioned in the section in relation to the use; and Note— See also section 260 (3) . - (c) the carrying out of the use after the end of the stated period is taken to be a material change of use of the premises. - (a) have the effect that a planning instrument may stop or further regulate the carrying out of the material change of use under the development approval; or - (b) affect the development approval. - (a) the carrying out of the material change of use under the declaration does not have the effect that the use at the increased intensity or scale is a lawful use of the premises after the stated period ends; and - (b) despite section 260 (1) , a planning instrument that starts applying to the premises at the end of the stated period may do a thing mentioned in the section in relation to the use at the increased intensity or scale; and Note— See also section 260 (3) . - (c) the carrying out of the use at the increased intensity or scale after the end of the stated period is taken to be a material change of use of the premises. - (a) have the effect that a planning instrument may stop or further regulate the carrying out of the material change of use under the development approval; or - (b) affect the development approval.