Section 38: Continuance of existing uses
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
38. Continuance of existing uses
(1) Notwithstanding this Act or any planning instrument, no development
permit shall be required for the continuance of use of a building, work or land
for a purpose for which it was lawfully used immediately before the coming
into force of any planning instrument.
(2) Nothing in subsection (1) shall authorise—
(a) the continuance of any existing use in breach of any permit in
force under this Act; or
(b) the continuance of any existing use, where that use is abandoned.
(3) Without limiting the generality of subsection (2) (b), any use shall be
presumed, unless the contrary is established, to be abandoned if the building, work or land ceases to be used for a continuous period of 12 months.
(S. 38 not in operation.)
Ask juris about this section Official source
Questions this section answers
- Do I need a development permit to keep using my building the way it was lawfully used before the planning rules changed?
- Can I lose my right to continue an existing use if I stop using the land for 12 months?