38Decision in relation to request

38 Decision in relation to request

[Section 38 Amended by No. 104 of 1995, s. 11 ][Section 38 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 38 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 38 Substituted by No. 49 of 2001, s. 17, Applied:16 Jul 2001] [Section 38 Substituted by No. 26 of 2007, s. 10, Applied:01 Aug 2007] [Section 38 Subsection (1) amended by No. 24 of 2014, s. 31, Applied:01 Jan 2015] [Section 38 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  A planning authority, before deciding whether to prepare a draft amendment of an LPS in relation to a municipal area in accordance with a request under section 37(1) , must be satisfied that such a draft amendment of an LPS will meet the LPS criteria.

(2)  A planning authority, within 42 days after receiving a request under section 37(1) or a longer period allowed by the Commission, must –

(a) decide to agree to the amendment and prepare a draft amendment of the LPS; or

(b) decide to refuse to prepare the draft amendment of the LPS.

(3)  A planning authority, within 7 days of deciding under subsection (2) whether or not to prepare a draft amendment of an LPS in accordance with a request under section 37(1) , must give notice of the decision to the person who made the request.