Queensland Numbered Acts

PLANNING ACT 2016 - SECT 260

260 Implied and uncommenced right to use

(1) This section applies if—

(a) a development approval comes into effect; and

(b) when the development application was properly made, a material change of use for a use that the application implies was accepted development; and

(c) after the application was properly made, but before the use started, a planning instrument change provided for the material change of use to be assessable development or prohibited development.

(2) The use is taken to be a lawful use in existence immediately before the change if—

(a) the development approval has not lapsed; and

(b) the use starts within 5 years after the completion of the development.