Existing Use Rights Not What They Used To Be

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Last year, the NSW Government passed an amendment to relevant legislation to restrict the potential for developers to develop sites that have the benefit of existing use rights.

Under the change, developers can no longer apply for development consent to change one prohibited use to another prohibited use. The existing use can now only be enlarged, expanded or intensified, altered or extended, rebuilt or changed to use which is permissible with or without development consent.

The change is retrospective and is only not applicable if a development application was lodged before 20 March 2006.

We act for a number of property developers who benefit from our accumulated experience. We would be most pleased to share the benefit of that experience with you.