35KBWhere substantial modifications required

### 35KB Where substantial modifications required > [*\[Section 35KB Inserted by No. 7 of 2021, s. 16, Applied:14 Jul 2021\]*](/view/html/inforce/2021-07-14/act-2021-007#GS16@EN) > > > (1)  The Commission, after complying with [section 35J](#GS35J@EN) in relation to a draft LPS in relation to the municipal area of a planning authority, may issue, in relation to the draft LPS, a direction to the planning authority. > > > (2)  The Commission may only issue, in relation to a draft LPS, a direction under [subsection (1)](#GS35KB@Gs1@EN) if the Commission is of the opinion that the draft LPS requires substantial modification but that the modification required is such that it is suitable for it to be made by way of an amendment, under [Part 3B](#HP3B@EN) , of the LPS in relation to the municipal area of the planning authority, after the LPS comes into effect. > > > (3)  A direction issued under [subsection (1)](#GS35KB@Gs1@EN) to a planning authority is to direct the planning authority – > > > > > > (a) to prepare, in the terms specified in the direction, an amendment, under [Part 3B](#HP3B@EN) , of the LPS in relation to the municipal area of the planning authority; and > > > > > > > (b) to submit to the Commission the amendment of the LPS within 42 days, or a longer period allowed by the Commission, after the LPS comes into effect. > > > (4)  If a direction is issued under [subsection (1)](#GS35KB@Gs1@EN) to a planning authority – > > > > > > (a) the planning authority – > > > > > > > > > > (i) must prepare, in the terms specified in the direction, an amendment, under [Part 3B](#HP3B@EN) , of the LPS in relation to the municipal area of the planning authority; and > > > > > > > > > > > (ii) must submit the amendment to the Commission within 42 days, or a longer period allowed by the Commission, after the LPS comes into effect; and > > > > > > > (b) the Commission may, on receiving from the planning authority a draft of the amendment of the LPS under [paragraph (a)](#GS35KB@Gs4@Hpa@EN) or [(c)](#GS35KB@Gs4@Hpc@EN)  – > > > > > > > > > > (i) by notice to the planning authority, require the planning authority to publicly exhibit the amendment in accordance with [section 40G](#GS40G@EN) ; or > > > > > > > > > > > (ii) by notice to the planning authority, require the planning authority to resubmit to the Commission an amended draft of the amendment of the LPS within the period specified in the notice; and > > > > > > > (c) the planning authority is to resubmit to the Commission an amended draft of the amendment of the LPS within the period specified in the notice, if any, under [paragraph (b)(ii)](#GS35KB@Gs4@Hpb@Hqii@EN) .