EXISTING USE - whether s 108 of the Environmental Planning and Assessment Act 1979 (the EPA Act) necessarily engaged where consent for past use preserved under s 109B of the EPA Act - whether use under a preserved consent remains an "existing use" where that use has been discontinued by reference to s 107(2)(e) of the EPA Act - continuity of use necessary to engage s 108 - "existing use" abandoned - entitlement to use limited to terms of preserved consent
EXISTING USE - changed use required to conform to cl 41(1)(d) of Environmental Planning and Assessment Regulation 2000 - need for changed use to be one "that may be carried out with or without development consent" - permissibility to be determined by reference to all provisions of applicable planning instrument - development standards determine permissibility - case law applicable to incorporated provisions prior to amendment of cl 41(1)(d) in 2006 distinguished
Case Details
Citation[2012] NSWLEC 194
CourtNSWLEC
JurisdictionNew South Wales
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