39Limitation on multiple requests for same amendment

### 39 Limitation on multiple requests for same amendment > [*\[Section 39 Subsection (1) amended by No. 19 of 2012, s. 16, Applied:03 Jul 2012\]*](/view/html/inforce/2012-07-03/act-2012-019#GS16@Hpa@EN) [*\[Section 39 Subsection (2) amended by No. 19 of 2012, s. 16, Applied:03 Jul 2012\]*](/view/html/inforce/2012-07-03/act-2012-019#GS16@Hpb@EN) [*\[Section 39 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja5@GC23@EN) [*\[Section 39 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  A person may not, within 2 calendar years from the date of a decision by a planning authority under [section 38](#GS38@EN) not to prepare a draft amendment of an LPS, request the planning authority under [section 37(1)](#GS37@Gs1@EN) to prepare a draft amendment of the LPS that is substantially the same as the draft amendment to which the decision relates, unless the leave of the Commission has been obtained under [subsection (2)](#GS39@Gs2@EN) . > > > (2)  The Commission may, on the application of a person who wishes to make a request under [section 37(1)](#GS37@Gs1@EN) (***the new request***), give leave to the person to request the planning authority under [section 37(1)](#GS37@Gs1@EN) to prepare a draft amendment of an LPS that is substantially the same as a previous request to prepare an amendment. > > > (3)  The Commission may only give leave to a person to request the planning authority under [section 37(1)](#GS37@Gs1@EN) to prepare a draft amendment of an LPS if – > > > > > > (a) there has been a change to – > > > > > > > > > > (i) the SPPs; or > > > > > > > > > > > (ii) a regional land use strategy that applies to the municipal area in which is situated the land to which the new request relates; and > > > > > > > (b) the Commission is satisfied the change may be relevant to the consideration by the planning authority of the new request.