A development consent ceases to have continuing effect upon the repeal of the planning instrument under which it was granted, and s 109B of the Environmental Planning and Assessment Act 1979 (NSW) does not preserve such a consent because it is no longer 'in force'. While a valid consent cannot be extinguished by abandonment, where the consent has ceased to operate due to the repeal of the underlying planning instrument, continued use depends on existing use provisions which are lost upon abandonment of the use.
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