sec.46Decision on application if amendment of planning scheme required

sec.46 Decision on application if amendment of planning scheme required

The local government must decide, in accordance with this section, an application for approval of an amendment of a mixed use scheme that relates to additional land the use of which is not permitted by a planning scheme. The application for approval of the amendment of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the use proposed for the additional land. The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the amendment of the mixed use scheme. If the application for approval of amendment of the mixed use scheme accompanies the application to amend the relevant planning scheme, the local government must decide both applications at the same time. The local government may— approve the amendment of the mixed use scheme; or approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the amendment of the mixed use scheme. s 46 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.46-ssec.1) The local government must decide, in accordance with this section, an application for approval of an amendment of a mixed use scheme that relates to additional land the use of which is not permitted by a planning scheme. (sec.46-ssec.2) The application for approval of the amendment of the mixed use scheme may accompany the application to amend the relevant planning scheme to allow the use proposed for the additional land. (sec.46-ssec.3) The public notice and objection requirements that apply under the Local Government (Planning and Environment) Act 1990 to the application to amend the planning scheme do not apply to the application for approval of the amendment of the mixed use scheme. (sec.46-ssec.4) If the application for approval of amendment of the mixed use scheme accompanies the application to amend the relevant planning scheme, the local government must decide both applications at the same time. (sec.46-ssec.5) The local government may— approve the amendment of the mixed use scheme; or approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or refuse to approve the amendment of the mixed use scheme.

• (a) approve the amendment of the mixed use scheme; or
• (b) approve the amendment of the mixed use scheme subject to reasonable and relevant conditions determined by it; or
• (c) refuse to approve the amendment of the mixed use scheme.