Planning Scheme Provisions (3.9 MB) - Cairns Regional Council

- 156 -6.17 Preservation of Earlier Conditions of ApprovalSubject to any variation of conditions made under the provisions of the Act, the conditionsof any rezoning approval which attach to land immediately prior to the commencement ofthis Scheme shall continue to attach to that land and bind its owner and the owner’ssuccessors in title so long as any one of the following conditions is satisfied :(4(b)(c)any use which was a lawful use of the land immediately prior to thecommencement of this Scheme continues to be a lawful use of the land; orany use which was a permitted use of the land immediately prior to thecommencement of this Scheme continues to be a permitted use of that land; orthe land retains the same zoning as it had immediately prior to the commencementof this Scheme.Where a consent use becomes a permitted use then subject to any variation of conditionsmade under the provisions of the Act, the conditions of any town planning consent whichattach to land immediately prior to the commencement of this Scheme shall continue toattach to that land and bind its owner and the owner’s successors in title for so long as anyuse which was contemplated by the town planning consent is a permitted use of that land.Should the conditions or any of them be varied under the provisions of the Act, theprovisions of this clause apply to the conditions as varied.