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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 40J Representations

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 40J

Representations

(1)  A person or body may make to a planning authority a representation in relation to the relevant exhibition documents (apart from the documents referred to in paragraph (b) of the definition of  relevant exhibition documents in section 31 ) that is made available by the planning authority for viewing by the public at exhibition premises in accordance with section 40H(a) .
(2)  A representation in relation to a draft amendment of an LPS –
(a) is to be made under subsection (1) within the exhibition period in relation to the draft amendment of an 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 40G(3)(b) , in the exhibition notice in relation to the draft amendment of an LPS.
(3)  Without limiting the generality of subsection (1) , a person or body may make a representation in relation to a draft amendment of an LPS as to whether –
(a) a provision of the draft amendment of an LPS is inconsistent with the SPPs; or
(b) a provision of the draft amendment of an LPS should, or should not, apply a provision of the SPPs to an area of land; or
(c) the draft amendment of an LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.
(4)  A representation in relation to a draft amendment of an 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 a draft amendment of the LPS, that –
(a) does not relate to the contents or merits of the draft amendment; 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.