40TPermit application that requires amendment of LPS

### 40T Permit application that requires amendment of LPS > [*\[Section 40T Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015\]*](/view/html/inforce/2015-12-17/act-2015-047#GS10@EN) > > > (1)  A person who requests a planning authority under [section 37](#GS37@EN) to amend an LPS may also, under this subsection – > > > > > > (a) make an application to the planning authority for a permit, which permit could not be issued unless the LPS were amended as requested; and > > > > > > > (b) request the planning authority to consider the request to amend the LPS and the application for a permit at the same time. > > > (2)  An application for a permit under [subsection (1)](#GS40T@Gs1@EN) is to be in a form, if any, approved by the Commission. > > > (3)  A planning authority must not refuse to accept a valid application for a permit, unless the application does not include a declaration that the applicant has – > > > > > > (a) notified the owner of the intention to make the application; or > > > > > > > (b) obtained the written permission of the owner under [subsection (6)](#GS40T@Gs6@EN) . > > > (4)  For the purposes of [subsection (3)](#GS40T@Gs3@EN) , a valid application is an application that contains all relevant information required by the planning scheme applying to the land that is the subject of the application. > > > (5)  If – > > > > > > (a) an undertaking is in respect of a combination of uses or developments or of one or more uses and one or more developments; and > > > > > > > (b) under a planning scheme any of those uses or developments requires a permit to be granted – > > > > a person may, in the one application under [subsection (1)](#GS40T@Gs1@EN) , apply to the planning authority for a permit with respect to the undertaking. > > > (6)  An application for a permit under [subsection (1)](#GS40T@Gs1@EN) by a person to a planning authority to amend the zoning or use or development of one or more parcels of land specified in an LPS must, if the person is not the owner, or the sole owner, of the land and the relevant planning scheme does not provide otherwise – > > > > > > (a) be signed by each owner of the land; or > > > > > > > (b) be accompanied by the written permission of each owner of the land to the making of the request. > > > (7)  [Subsection (6)](#GS40T@Gs6@EN) does not apply to an application for a permit to carry out mining operations, within the meaning of the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) , if a mining lease or a production licence which authorises those operations has been issued under that Act.