Assemble the facts for an existing-use question
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the consents, plans and other documents the lawyer selects, list the use, the date it is said to have been lawful, the environmental planning instrument said to prohibit it, and any consent granted before that prohibition. Do not say that an existing use is made out.
- What the lawyer must review
- The lawyer decides whether section 4.65 of the Environmental Planning and Assessment Act 1979 (NSW) is met. An existing use is the use of a building, work or land for a lawful purpose immediately before an environmental planning instrument that would otherwise prohibit that use, or a use for which consent was granted before a prohibiting provision and which was carried out within one year after that provision commenced, in accordance with the consent and to an extent that the consent would not lapse. Abandonment and the limits on changing or expanding the use were not opened. The lawyer does not advise from the definition alone.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the consents, plans and other documents the lawyer selects, list the use, the date it is said to have been lawful, the environmental planning instrument said to prohibit it, and any consent granted before that prohibition. Do not say that an existing use is made out. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Tie each use to a document and a date. Do not adopt the client's description of how long the use has continued.
- Identify the instrument that prohibits the use and the date it commenced, from the instrument, not from the certificate summary.
- Apply paragraph (b)'s one-year requirement only where the use depends on a consent granted before the prohibition.
- The lawyer opens the rest of the Division before advising that the use may continue or change.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 4.65, definition of existing use · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.