Planning Act 2023

This section applies if, before the commencement day—

a person had a right to use land, or a building or structure on the land, in a particular way; and

the person’s right to use the land, building or structure was authorised by any of the following:

a lease granted or continued under the repealed Act;

a preserved lease;

a licence granted or continued under the repealed Act;

a public unleased land permit under the Public Unleased Land Act 2013;

a sign approval or work approval under the Public Unleased Land Act 2013.

This section also applies if—

before the commencement day—

a person had a right to use land, or a building or structure on the land in a particular way; and

the person’s right to use the land, building or structure was authorised by a lease (the old lease); and

the old lease has expired; and

the person applies for the grant of a further lease in relation to the old lease under section 289; and

section 289 applies to the person’s application because of section 622.

The use of the land, building or structure in the way authorised is lawful, despite any other provision of this Act.

However, this section does not apply to a use of land, or a building or structure on the land, if the use—

is an authorised use under part 7.2 (Exempt development); but

is an exception to section 147 (1) (Exempt development—authorised use) because section 148 (Authorised use that is not exempt) applies in relation to the authorised use.