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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 38 Decision in relation to request

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 38

Decision in relation to request

(1)  A planning authority, before deciding whether to prepare a draft amendment of an LPS in relation to a municipal area in accordance with a request under section 37(1) , must be satisfied that such a draft amendment of an LPS will meet the LPS criteria.
(2)  A planning authority, within 42 days after receiving a request under section 37(1) or a longer period allowed by the Commission, must –
(a) decide to agree to the amendment and prepare a draft amendment of the LPS; or
(b) decide to refuse to prepare the draft amendment of the LPS.
(3)  A planning authority, within 7 days of deciding under subsection (2) whether or not to prepare a draft amendment of an LPS in accordance with a request under section 37(1) , must give notice of the decision to the person who made the request.