sec.89Lawful use of premises protected

### sec.89 Lawful use of premises protected This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises. Neither the development scheme nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed. In this section— lawful use , of premises, includes— a use that is generally in accordance with a current rezoning approval given under— the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 . material change of use , of premises, see the Planning Act , schedule 2 . s 89 amd 2016 No. 27 s 414 (sec.89-ssec.1) This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises. (sec.89-ssec.2) Neither the development scheme nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed. (sec.89-ssec.3) In this section— lawful use , of premises, includes— a use that is generally in accordance with a current rezoning approval given under— the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 . material change of use , of premises, see the Planning Act , schedule 2 . - (a) stop the use from continuing; or - (b) further regulate the use; or - (c) require the use to be changed. - (a) a use that is generally in accordance with a current rezoning approval given under— (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and - (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or - (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and - (b) a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 . - (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or - (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and