Abandonment of Uses
Existing Uses
If an existing use of land is discontinued for a period of 12 months or longer, the user is conclusively presumed to have abandoned the use under Section 37(1) of the Planning Act.
Within 12 months of discontinuing an existing use, the owner of land, or a person authorised in writing by the owner, may make an application to the minister for an extension of the discontinuation period.
Permitted Uses
When a particular use of land is taken to be permitted by development permit in force by either Section 45 (existing use rights) or Section 58(4) (permitted use has commenced during the base period of a development permit), the permitted use may be discontinued for a period not exceeding 12 months without affecting the validity of the permit.
If a permitted use is discontinued for a period of 12 months or longer, the permit holder is assumed to have abandoned the permitted use and the permit is taken to have lapsed under Section 59A(2) of the Planning Act.
Within 12 months of discontinuing a permitted use, the owner of land, or a person authorised in writing by the owner, may make an application to the consent authority for an extension of the discontinuation period.