(1)  A person may not, within 2 calendar years from the date of a decision by a planning authority under section 38 not to prepare a draft amendment of an LPS, request the planning authority under section 37(1) to prepare a draft amendment of the LPS that is substantially the same as the draft amendment to which the decision relates, unless the leave of the Commission has been obtained under subsection (2) .

(2)  The Commission may, on the application of a person who wishes to make a request under section 37(1) ( the new request ), give leave to the person to request the planning authority under section 37(1) to prepare a draft amendment of an LPS that is substantially the same as a previous request to prepare an amendment.

(3)  The Commission may only give leave to a person to request the planning authority under section 37(1) to prepare a draft amendment of an LPS if –

(a) there has been a change to –

(i) the SPPs; or

(ii) a regional land use strategy that applies to the municipal area in which is situated the land to which the new request relates; and

(b) the Commission is satisfied the change may be relevant to the consideration by the planning authority of the new request.