109A   Uses unlawfully commenced

(1)  The use of a building, work or land which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except:

(a)  the commencement of an environmental planning instrument which permits the use without the necessity for consent under this Act being obtained therefor, or

(b)  the granting of development consent to that use.

(2)  The continuation of a use of a building, work or land that was unlawfully commenced is, and is taken always to have been, development of the land within the meaning of and for the purposes of any deemed instrument referred to in Division 2 of Part 21 of Schedule 6 applying, or which at any time applied, to or in respect of the building, work or land.