408Development previously exempt—use

408 Development previously exempt—use (1) This section applies to a use of land, or of a building or other structure on land, if the use— (a) was an exempt development when it began; and (b) is authorised by— (i) a lease for the land (the affected lease); or (ii) a licence under this Act; or Land Act 2013; or (iv) a sign approval or work approval under the Public Unleased Land Act 2013; or (v) section 276 (Use of land for leased purpose); and (c) stops being exempt because of an amendment of this Act. (2) Also, this section applies in relation to a use of land, or of a building or other structure on land, even if 1 or more of the following apply in relation to the use: (b) someone deals with the affected lease; under section 289 (Grant of further leases), whether the grant happens immediately after the expiry of the affected lease or otherwise. Note Deal, with a lease—see the dictionary.

(3) However, this section does not apply in relation to the use of land, or of a building or other structure on land, if— (a) the affected lease is surrendered (other than under section 289) or terminated; or (b) the use is authorised by a relevant authorisation and the relevant authorisation ends— (i) whether on expiry or otherwise; and (ii) even if renewed; or (c) the affected lease expires and no application is made under section 289 for a further lease. Note A person may apply for the grant of a further lease not later than 6 months after the expiry of the affected lease (see s 289 (1) (c)). (4) The use of the land, building or other structure is lawful while authorised by the lease, licence, permit, approval or section 276, despite any other provision of this Act. relevant authorisation means— (a) a licence under this Act; or (b) a public unleased land permit under the Public Unleased Land Act 2013; or (c) a sign approval or work approval under the Public Unleased Land Act 2013.