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'Existing use right' assessments

In cases where development is proposed to an existing building or use which is otherwise prohibited under the current land use zoning of its site (e.g. an existing residential flat building in a low density residential zone), it is first necessary to establish that the building or use enjoys 'existing use rights' as an approved/lawfully established non-conforming use within the zone. This may involve a review of the property files and development approvals held by Council relating to the site, a site visit and/or the collection of other relevant supporting documentary evidence as required.