Clause 63 of the Yarra Ranges Planning Scheme allows for the establishment of existing use rights.
Existing use rights apply to the land, not the owner, and it is up to the owner of the property to prove that they apply.
Find out if you are eligible to apply
An existing use right is established if any of the following applies:
If you are seeking to establish an existing use right by demonstrating a continuous use for 15 years or more, you must demonstrate that the use has not ceased for a period of more than two years, or has not stopped for two or more periods which together total two years in any period of three years.
Complete and submit a Certificate of Compliance form online.
The application must be supported by a combination of the documentation detailed below that will provide collective evidence to support your application:
Given the fairly legalistic nature of contested ‘existing use rights’ disputes, we strongly encourage you to engage a specialist lawyer for your representation.
An application for a Certificate of Compliance unsupported by Council is eligible for review at the Victorian Civil & Administrative Tribunal under 97P of the Planning and Environment Act 1987.
Apply for a Certificate of Compliance online
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