4Application of LUPA to Stony Rise Development

4 Application of LUPA to Stony Rise Development

(1)  The amendment to the LPS relating to the LPS amendment area, as specified in the request –

(a) made to the relevant planning authority under section 37 of LUPA; and

(b) numbered AM2022.02 –

is taken to be approved under section 40Q(1) of LUPA in the terms of the certified draft amendment and signed in accordance with section 40R(1) of LUPA.

(2)  For the purposes of section 40S of LUPA, the amendment to the LPS, taken to have been approved under subsection (1) , takes effect 21 days after the day on which this Act receives the Royal Assent.

(3)  On the day on which the amendment to the LPS, taken to have been approved under subsection (1) , takes effect, the Commission is to ensure that the LPS relating to the LPS amendment area is amended accordingly.

(4)  The permit relating to the permit area, as specified in the application –

(a) made to the relevant planning authority under section 40T of LUPA; and

(b) numbered PA2022.0092 –

is taken to have been granted under section 42B(1) of LUPA.

(5)  The permit, taken to have been granted under subsection (4) , is taken to be granted under that subsection –

(a) on the same terms and conditions as apply to the copy of the draft permit –

(i) attached to the certified draft amendment; and

(ii) subsequently amended as proposed by the relevant planning authority under section 40K of LUPA on 23 January 2023 and submitted to the Commission on that date; and