Land Use Planning and Approvals Act 1993

A planning authority, within 35 days after the end of the exhibition period in relation to a draft amendment of an LPS in relation to the municipal area of the planning authority or a longer period allowed by the Commission, must provide to the Commission a report in relation to the draft amendment of an LPS.

The report by a planning authority in relation to the draft amendment of an LPS is to contain – a copy of each representation made under section 40J in relation to the draft amendment before the end of the exhibition period in relation to the draft amendment, or, if no such representations were made before the end of the exhibition period, a statement to that effect; and a copy of each representation, made under section 40J in relation to the draft amendment after the end of the exhibition period in relation to the draft amendment, that the planning authority, in its discretion, includes in the report; and a statement of the planning authority's opinion as to the merit of each representation included under paragraph (a) or (b) in the report, including, in particular, as to – whether the planning authority is of the opinion that the draft amendment ought to be modified to take into account the representation; and the effect on the draft amendment, and the LPS to which it relates, as a whole, of implementing the recommendation; and a statement as to whether it is satisfied that the draft amendment of an LPS meets the LPS criteria; and any recommendations in relation to the draft amendment that the planning authority thinks fit.

Without limiting the generality of subsection (2)(e), the recommendations in relation to a draft amendment of an LPS may include recommendations as to whether – a provision of the draft amendment of an LPS is inconsistent with a provision of the SPPs; or the draft amendment of an LPS should, or should not, apply a provision of the SPPs to an area of land; or the draft amendment of an LPS should, or should not, contain a provision that an LPS is permitted under section 32 to contain.

A planning authority must not include in a recommendation in relation to a draft amendment of an LPS a recommendation to the effect that the content of a provision of the SPPs should be altered.