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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35E Representations

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 35E

Representations

(1)  A person or body may make to a planning authority a representation in relation to the relevant exhibition documents in relation to a draft LPS (apart from the documents referred to in paragraph (b) of the definition of  relevant exhibition documents in section 31 ) that are made available by the planning authority for viewing by the public at exhibition premises in accordance with section 35D(1)(a) .
(2)  A representation in relation to the relevant exhibition documents in relation to a draft LPS –
(a) is to be made under subsection (1) within the exhibition period in relation to the draft LPS; and
(b) must be made by submitting the representation to the premises, or to the electronic address, that are specified, in accordance with section 35C(4)(b) , in the exhibition notice in relation to the draft LPS.
(3)  Without limiting the generality of subsection (1) but subject to subsection (3A) , a person or body may make in relation to the relevant exhibition documents in relation to a draft LPS a representation as to whether –
(a) a provision of the draft LPS is inconsistent with a provision of the SPPs; or
(b) the draft LPS should, or should not, apply a provision of the SPPs to an area of land; or
(c) the draft LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.
(3A)  A representation in relation to the relevant exhibition documents that relate to a draft LPS may not be made in relation to a provision included in the draft LPS in accordance with a direction referred to in section 35(5A) .
(4)  A representation in relation to the relevant exhibition documents in relation to a draft LPS must not be a representation to the effect that the content of a provision of the SPPs should be altered.
(5)  For the purposes of this Part, any matter, contained in a representation under subsection (1) in relation to the relevant exhibition documents in relation to a draft LPS, that –
(a) does not relate to the contents or merits of the draft; or
(b) is not a matter to which subsection (3) relates; or
(c) is a representation to which subsection (4) relates –
is not to be taken to be part of the representation.