35QSpecial Local Provisions Schedules

35Q Special Local Provisions Schedules

[Section 35Q Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  The Commission may prepare a draft Special LPS and approve a Special Local Provisions Schedule in the terms of the draft Special LPS so prepared.

(2)  A planning authority may prepare a draft Special LPS and submit it to the Commission.

(3)  The Commission, if it receives from a planning authority a draft Special LPS submitted to the Commission under subsection (2) , must –

(a) approve a Special Local Provisions Schedule in the terms of the draft Special LPS; or

(b) with the agreement of the planning authority, modify the draft Special LPS and then approve a Special Local Provisions Schedule in the terms of the draft Special LPS so modified; or

(c) refuse to approve a Special Local Provisions Schedule in the terms of the draft Special LPS.

(4)  A Special Local Provisions Schedule that applies to a municipal area may only be approved under subsection (3) if the Commission is satisfied that –

(a) either –

(i) there are contradictions in, or inconsistencies between, the provisions of an LPS that applies to the municipal area; or

(ii) it is necessary to introduce an LPS that applies to a municipal area to which an LPS does not apply or will cease to operate; and

(b) the application of the provisions of Division 4 to the making of an LPS to address the matters referred to in paragraph (a)(i) or (ii) would result in an unacceptable delay; and

(c) it is in the public interest to do so.

(5)  A Special LPS must comply with Division 2 as if a reference in that Division to a draft LPS were a reference to a draft Special LPS.

(6)  Divisions 3 , and do not apply in relation to a draft Special LPS.