35IWithdrawal of draft LPS

### 35I Withdrawal of draft LPS > [*\[Section 35I Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  A planning authority may apply to the Commission for approval to withdraw a draft LPS prepared by the planning authority. > > > (2)  An application may only be made under [subsection (1)](#GS35I@Gs1@EN) in relation to a draft LPS if – > > > > > > (a) a report, in relation to the draft LPS, has not been provided to the Commission under [section 35F(1)](#GS35F@Gs1@EN) ; and > > > > > > > (b) the planning authority proposes to prepare a further draft LPS, or a Special LPS, for an area the same as, or greater than, the area to which the draft LPS that is to be withdrawn relates. > > > (3)  After considering an application under [subsection (1)](#GS35I@Gs1@EN) in relation to a draft LPS, the Commission, with the approval of the Minister, may – > > > > > > (a) approve the withdrawal of the draft LPS; or > > > > > > > (b) refuse to approve the withdrawal of the draft LPS. > > > (4)  The Commission is to notify the planning authority that made an application under [subsection (1)](#GS35I@Gs1@EN) of a decision under [subsection (3)](#GS35I@Gs3@EN) in relation to the application. > > > (5)  A draft LPS is withdrawn 7 days after the day on which an approval is given under [subsection (3)](#GS35I@Gs3@EN) to the withdrawal of the draft LPS. > > > (6)  A planning authority, by notice published in a daily newspaper that is published in Tasmania and circulates generally in the area to which a draft LPS that is withdrawn relates, must give notice – > > > > > > (a) that the draft LPS is withdrawn; and > > > > > > > (b) of the date on which the withdrawal takes or took effect.