Tasmanian Government Logo

Department of Justice

Tasmanian planning reform

Latest News

5 May 2017: Guidance for drafting Local Provisions Schedules

Guideline No.1 – Local Provisions Schedules (LPS): zone and code application has been issued by the Tasmanian Planning Commission under section 8A of the Land Use Planning and Approvals Act 1993 (the Act) with the approval of the Minister for Planning and Local Government.

The Guideline was prepared by the Department of Justice, Planning Policy Unit (PPU) and provides an easy reference guide for the application of all zones and codes in the State Planning Provisions (SPPs) for the preparation of draft Local Provisions Schedules (LPSs).

The Commission has also issued four Practice Notes to assist local councils with the technical aspects of preparing zone and code maps and the written LPS document.

The Commission has also established a planners portal as a central resource to provide statewide technical guidance on the LPS requirements in the SPPs, and the requirements in the Guideline and Practices Notes, to council planners, GIS specialists or consultants that are preparing draft LPSs.

The PPU has also established a frequently asked questions section below to provide advice on other policy matters relating to the SPPs, Tasmanian Planning Policies, Regional Land Use Strategies, or the planning legislation. Questions may be submitted to planning.unit@justice.tas.gov.au and responses to these questions will be displayed in the frequently asked questions section below.

Planning reform overview

The Government is undertaking planning reform to provide a fairer, faster, cheaper and simpler planning system for Tasmania.

The first set of reforms were delivered in 2014 with the passage of changes to the Land Use Planning and Approvals Act 1993 to streamline the processes for finalising interim schemes and amending planning schemes, and a range of other measures to improve the planning system.

The Planning Reform Taskforce established in 2014 and reporting to the Minister for Planning and Local Government provided advice to Government on planning reform, particularly on the delivery of the statewide planning scheme.

In late 2015, further amendments commenced that provide for the Tasmanian Planning Scheme to be introduced. This is a significant reform to deliver greater consistency in the planning rules across the State, providing greater certainty to investors and the community.

The first stage of drafting a set of statewide planning provisions has now been completed.

New state planning policies have been prepared to give strategic guidance to the planning system on a range of matters.

The Government intends to introduce further legislation to deliver on its remaining reforms for major projects including in-principle approval, Ministerial call in powers and changes relating to third party appeals.

2014 reforms

The amendments in 2014 made a range of changes to the Act to assist in finalising the interim planning scheme process to support introduction of a statewide planning scheme.

A streamlined process for amending planning schemes was also introduced to replace the previous dispensation process and provide shorter statutory timeframes. This included reducing the timeframe for assessing permitted use and development applications from 42 to 28 days.

Other changes included allowing planning authorities to extend permits by another 2 years and clearer provisions for where minor amendments to permits can occur.

Changes were also made to the Local Government (Building and Miscellaneous Provisions) Act 1993 to allow planning schemes to regulate subdivision as either permitted or discretionary development.

Tasmanian Planning Scheme

Tasmanian Planning Scheme

The Tasmanian Planning Scheme will deliver consistency in the planning controls applying across the State, and provide the necessary flexibility to address local issues.

The Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 made changes to the Land Use Planning and Approvals Act 1993 (the Principal Act) to allow for the Tasmanian Planning Scheme to be established, consisting of State Planning Provisions and Local Provisions Schedules.

The Planning Reform Taskforce undertook initial preparation of the draft of the State Planning Provisions in consultation with local government and stakeholders and supported by a drafting team comprised of state and local government experts.

The draft of the State Planning Provisions was subject to a further period of consultation with local planning authorities, State Agencies, and the Tasmanian Planning Commission and further modifications were made prior to the Minister approving them for public exhibition and assessment by the Commission.

The draft of the State Planning Provisions was publicly exhibited for a 60 day period from 15 March until 18 May 2016. Following this the Commission conducted a series of hearings, covering 25 days, as part of its consideration of the draft of the State Planning Provisions.

Under the legislation the Commission has 90 days from the close of the exhibition to report to the Minister on the State Planning Provisions and recommend any modifications. The Minister extended the time for the Commission to report on the State Planning Provisions until 9 December 2016.

The Commission handed its report to the Minister on 9 December 2016. The Minister then sought further advice on the recommendations of the Commission and its proposed modifications to the draft State Planning Provisions.

The Minister largely accepted the Commission’s recommended modifications to the draft State Planning Provisions in its report of 9 December 2016 and agreed with the Commission’s reasons for those modifications.

There were some exceptions to this based on modifications agreed to by the Commission in response to the clarification the Minister  sought under s.26(3) of the Act, and modifications based on the consolidated advice from the Taskforce and the State Policies Interdepartmental Committee on select matters; and including minor editorial modifications identified by the Department of Justice’s Planning Policy Unit.

These further modifications were required to clarify the operation of the provisions and ensure that the State Planning Provisions meet the criteria under section 15 of the Land Use Planning and Approvals Act 1993 (the Act), which includes furthering the Objectives set out in Schedule 1 of the Act.    

Having reviewed the exhibited draft and the proposed modifications, the Minister determined that collectively the modifications do not constitute a substantial change to the exhibited draft, and that therefore the draft of State Planning Provisions as modified does not require re-exhibition.

Read the Statement of Reasons for more detail on reasons for the modifications and why the Minister determined that the modified draft does not require re-exhibition. The State Planning Provisions made by the Minister. The Tasmanian Planning Commission’s assessment report on the exhibited draft of the State Planning Provisions provided to the Minister under s.25(1) of the Act. The State Planning Provisions come into effect on 2 March 2017 as part of the Tasmanian Planning Scheme, under section 29(2) of the Act.

The State Planning Provisions will come into effect in relation to a municipal area with notice of approval of the Local Provisions Schedules of that municipal area in the Gazette, pursuant to section 35M(3) of the Act.

Now that the State Planning Provisions are made, the Minister will provide them to local councils, in their role as the planning authorities, to develop their own Local Provisions Schedules. Local councils will continue to administer all of the planning controls that apply to their local area whether they are State or Local Planning Provisions.

Tasmanian Planning Policies

Tasmanian Planning Policies

The Government will develop a suite of new state planning policies to be called Tasmanian Planning Policies (TPPs) to provide strategic direction for Tasmania’s planning system, in consultation with local government, stakeholders and the community.

The new policies will inform a review of Tasmania’s three regional land use strategies and the first review of the Tasmanian Planning Scheme. They will include principles to support economic development and the future needs of the community.

The Minister has established a State Policies Interdepartmental Committee to oversee this work.

The Government is seeking feedback on an amendment to the Land Use Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017, which introduces several updates to the Land Use Planning and Approvals Act 1993 including:

  • establishing the mechanism to create the TPPs that will provide strategic direction on land use planning;
  • ensuring that the TPPs are consistent with state policies;
  • ensuring regional land use strategies are in line with the TPPs; and
  • ensuring planning controls – both the State Planning Provisions and the Local Provisions Schedules – are consistent with the TPPs.

Further information is available on the consultation page.

The draft TPPs cover a broad range of planning matters such as economic development, settlement and community infrastructure, transport and infrastructure, natural and cultural heritage, and hazards and risks.

The draft TPPs have been prepared for the purposes of giving context to the amendments in the Land Use Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017. Therefore, they are essentially indicative only and a separate public exhibition process, as set out in the Bill would take place in the future that will consider the content of the TPPs.

Regional land use strategies

Regional land use strategies

The Government recognises the important role of regional strategies in guiding strategic planning and the spatial application of zones across the State.

Under the Act, the Minister may declare a Regional Land Use Strategy for each regional area and must keep these strategies under regular and periodic review.

These strategies are considered when a local planning authority decides whether to initiate an amendment to local provisions, such as the zoning applying to that land.

Changes to the Act in late 2015 allow these strategies to adopt local strategic documents that provide further detail on the local application of a Regional Land Use Strategy.

The Minister is also now required to consult with the Tasmanian Planning Commission, planning authorities and relevant state service agencies and authorities before declaring a Regional Land Use Strategy.

As noted above, the new state planning policies, once finalised, will guide a review of the three Regional Land Use Strategies.

State Planning Provisions

State Planning Provisions

The State Planning Provisions provide a consistent set of planning rules for 23 generic zones and 16 codes making up a suite of controls that can be applied by local councils.

Download the State Planning Provisions (PDF, 3.2 MB)

A series of fact sheets are available that set out how the State Planning Provisions address particular matters such as

  • natural assets
  • residential development
  • business and commercial
  • heritage
  • parks and reserves
  • rural and agriculture and
  • tourism.

Download the fact sheets

Visit the frequently asked questions if you want to find out more about how the State Planning Provisions were prepared, assessed and will be given effect.

Frequently asked questions

What is the Tasmanian Planning Scheme?

The Tasmanian Planning Scheme is a single statewide planning scheme which provides a set of statewide consistent planning rules and will replace the 29 interim planning schemes operating in Tasmania.

The Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015 (the Amendment Act), which was passed by Parliament in late 2015, made changes to the Land Use Planning and Approvals Act 1993 (the Principal Act) to allow for the Tasmanian Planning Scheme to be established. The Amendment Act provides that the Tasmanian Planning Scheme consists of two parts - State Planning Provisions and Local Provisions Schedules.

The Amendment Act provides for a process to draft and consult on the draft State Planning Provisions and for them to then enter into a public review including exhibition, making of representations and assessment by the independent Tasmanian Planning Commission. This process is very similar to, and has similar time frames to, the previous drafting and public scrutiny of local planning schemes.

Tasmania already has a system where the State Government sets mandatory planning rules for some issues. These are included in planning schemes by virtue of planning directives. The State Planning Provisions are similar to planning directives but provide for a comprehensive set of planning controls, whereas the past directives have been limited in scope.

The Planning Reform Taskforce undertook initial preparation of the draft of the State Planning Provisions in consultation with local government and stakeholders, and supported by a drafting team comprised of state and local government experts.

The draft of the State Planning Provisions was subject to a further period of consultation with local planning authorities, State Agencies, and the Tasmanian Planning Commission, and further modifications were made prior to the Minister approving them for public exhibition and assessment by the Tasmanian Planning Commission.

The draft of the State Planning Provisions was publicly exhibited for a 60 day period from 15 March until 18 May 2016. Following this the Commission conducted a series of hearings, over 25 days, as part of its consideration of the draft of the State Planning Provisions.

Under the legislation the Commission has 90 days from the close of the exhibition to report to the Minister on the State Planning Provisions and recommend any modifications. The Minister extended the time for the Commission to report on the State Planning Provisions until 9 December 2016.

The Commission handed its report to the Minister on 9 December 2016. The Minister then sought further advice on the recommendations of the Commission and its proposed modifications to the draft State Planning Provisions.

The Minister largely accepted the Commission’s recommended modifications to the draft State Planning Provisions and agreed with the Commission’s reasons for those modifications.

There were some exceptions to this based on modifications agreed to by the Commission in response to the clarification sought under s.26(3), and modifications based on the consolidated advice from the Taskforce and the State Policies Interdepartmental Committee on select matters; and including minor editorial modifications identified by the Department of Justice’s Planning Policy Unit.

These further modifications were required to clarify the operation of the provisions and ensure that the State Planning Provisions meet the criteria under section 15 of the Act, which includes furthering the Objectives set out in Schedule 1 of the Land Use Planning and Approvals Act 1993.    

Having reviewed the exhibited draft and the proposed modifications, the Minister determined that collectively the modifications do not constitute a substantial change to the exhibited draft, and that therefore the draft State Planning Provisions as modified do not require re-exhibition.

Visit the Statement of Reasons for more detail on reasons for the modifications and why the Minister determined that the modified draft does not require re-exhibition.

Go to the State Planning Provisions made by the Minister.

Go to the Tasmanian Planning Commission’s assessment report on the exhibited draft of the State Planning Provisions provided to the Minister under s.25(1) of the Act.

The State Planning Provisions come into effect on 2 March 2017 as part of the Tasmanian Planning Scheme, under section 29(2) of the Act.

The State Planning Provisions will come into effect in relation to a municipal area with notice of approval of the Local Provisions Schedules of that municipal area in the Gazette, pursuant to section 35M(3) of the Act.

Now that the State Planning Provisions are made, the Minister will provide them to local councils, in their role as the planning authorities, to develop their own Local Provisions Schedules. Local councils will continue to administer all of the planning controls that apply to their local area whether they are State or Local Planning Provisions.

What will the Tasmanian Planning Scheme look like?

The Tasmanian Planning Scheme will consist of two parts:

  • a set of consistent statewide planning rules called State Planning Provisions; and
  • Local Provisions Schedules which will contain the zone and overlay maps and lists that apply the State Planning Provisions and identified special and unique areas for each council area.

Traditionally local planning schemes contained planning rules in an Ordinance and an accompanying set of maps and overlays showing the spatial application of the zones. The State Planning Provisions will replace the planning rules while the maps and overlays for application of the zones and codes will be included in each Local Provision Schedules. Each municipal area will have its own Local Provision Schedules showing the spatial application of the State Planning Provisions through the zone and overlay maps.

The Local Provision Schedules will also include the unique planning rules that are variations from the State Planning Provisions and particular to identified local sites or places shown on the maps.

What do the State Planning Provisions include?

The State Planning Provisions provide the statewide consistent set of planning rules.

These rules include the Tasmanian Planning Scheme’s purpose and objectives, consistent and contemporary planning definitions, exemptions, use classes, and administrative provisions such as development application requirements.

The draft of the State Planning Provisions includes 23 generic zones which indicate what land use and development is appropriate for each zone such as residential, business, agriculture, utilities, environmental and recreational uses.

In addition, there are a suite of 15 codes which provide clear pathways for dealing with land use issues which occur across Tasmania and may apply across a range of zones, covering matters such as natural hazards, local heritage values and electricity infrastructure.

The State Planning Provisions also include the template for each council’s Local Provisions Schedule.

Councils will choose from the suite of planning rules provided in the State Planning Provisions to express their community’s land use strategies through their Local Provision Schedules.

Who is responsible for preparing the State Planning Provisions?

The Minister is responsible under the Act for preparing the draft of the State Planning Provisions or can direct the Tasmanian Planning Commission to prepare them.

The Minister or the Tasmanian Planning Commission is required to consult with local councils, the Tasmanian Planning Commission and State Service agencies and authorities in preparing the draft of the State Planning Provisions.

The Minister must be satisfied under the Act that certain requirements are met before he or she approves the draft of the State Planning Provisions for public exhibition.

Who prepared the first draft of the State Planning Provisions?

The Planning Reform Taskforce provided the Minister with advice regarding the first draft of the State Planning Provisions. In undertaking this work, the Planning Reform Taskforce consulted extensively with local government, stakeholder groups and state agencies and authorities.

Following this the Minister undertook further consultation with councils and state agencies before approving the first draft of the State Planning Provisions for public exhibition.

The draft of the State Planning Provisions was then subject to a statutory public exhibition process and the consideration of the independent Tasmanian Planning Commission. The Commission reported to the Minister on whether the draft of the State Planning Provisions met the criteria set out in the Act.

The Commission’s report and its recommendations have been made publicly available, as have the State Planning Provisions that were made by the Minister after he considered the Commission’s report and other advice he sought.

The State Planning Provisions made by the Minister. The Tasmanian Planning Commission’s assessment report on the exhibited draft of the State Planning Provisions provided to the Minister under s.25(1) of the Act.

The Minister is also required to publish reasons for making modifications to the draft of the State Planning Provisions which were exhibited.

Detailed reasons for the modifications and why the Minister determined that the modified draft does not require re-exhibition are provided in the Statement of Reasons.

Where can I get more information about the content of the State Planning Provisions?

The entire draft of the State Planning Provisions which were exhibited and subject to consideration are included in the Commission’s s.25 report.

The State Planning Provisions are a drafted as a set of rules for regulating all planning and development across the State. While they are drafted to be as ‘user friendly’ as possible, they are legal documents that must be precisely drafted to provide for clarity in operation, as is the case with any law.

Who was responsible for assessing the draft of the State Planning Provisions?

The independent Tasmanian Planning Commission was responsible for public exhibition, assessment and reporting on the draft of the State Planning Provisions.

The matters the Tasmanian Planning Commission was required to consider are set out in the Act which provides for the criteria that the State Planning Provisions must meet. These include furthering the Objectives of the Land Use Planning and Approvals Act 1993 (the Act) and compliance with State Policies.

The process the Tasmanian Planning Commission followed is also set out in the Act and includes public exhibition, and the opportunity to make representation.

Upon concluding its consideration of the first draft of the State Planning Provisions, the Commission provided its report under s.25 of the Act to the Minister.

The Minister subsequently made the State Planning Provisions in accordance with s.27 of the Act. The Minister determined that draft of the State Planning Provisions that were exhibited should be modified but that the modifications do not require re-exhibition.

The reasons the Minister has modified the State Planning Provisions are set out in the Statement of Reasons.

What happened to the representations made in relation to the draft of the State Planning Provisions?

Public involvement is a key element of the planning system. The Tasmanian Planning Commission (the Commission) was required under the Act to publicly exhibit the draft of the State Planning Provisions for 60 days. That exhibition ran from 15 March until 18 May 2016. Any person or organisation was able to make a representation to the Tasmanian Planning Commission on the draft of the State Planning Provisions during this period.

Following this, the Commission conducted a series of public hearings covering 25 days as part of its consideration of the draft of the State Planning Provisions. Anyone who made a written representation was invited to address their concerns at these hearings.

Under the legislation the Commission had 90 days from the close of the exhibition to report to the Minister on the State Planning Provisions and recommend any modifications. The Minister extended the time available to the Commission to provide its report by a further 3 months (to 9 December 2016).

The Commission’s report includes a summary of the representations, along with the Commission’s opinion as to the merits of those representations, and also a summary of the information obtained at the hearings in relation to the drafts of the State Planning Provisions.

The Commission handed its report to the Minister on Friday 9 December and the Minister considered the report and the specific recommendations it contains before making the State Planning Provisions on 22 February 2017.

On receipt of the Commission’s report, the Minister released a statement indicating that although the Act does not require the report to be made public, because of the high level of public interest in planning and consistent with the objectives of the Act, he would request the Commission make its report available to coincide with his making of the State Planning Provisions.

The Tasmanian Planning Commission’s assessment report on the exhibited draft of the State Planning Provisions provided to the Minister under s.25(1) of the Act is available on the iPlan website.

Is the introduction of the State Planning Provisions related to recent changes to the planning rules affecting my land?

Are the draft State Planning Provisions related to recent changes to the planning rules effecting my land?  Will the State Planning Provisions mean more changes?

There have been a number of changes to the planning rules applying to property recently in Tasmania. These are related to the replacement of older planning schemes with the introduction of new Interim Planning Schemes. There are now 28 Interim Planning Schemes in effect across the State, excluding Flinders Island and Sullivans Cove planning area.

While these Interim Planning Schemes changes are not connected to the State Planning Provisions, it is anticipated that councils will translate current Interim Planning Scheme zones and overlays, where appropriate, to their Local Provisions Schedule to spatially apply the set of consistent planning rules in the State Planning Provisions.

Although now finalised and made, the State Planning Provisions will not apply to property for some time because the Land Use Planning and Approvals Act 1993 requires each council to prepare a Local Provisions Schedule for their municipal area, place it on public exhibition and, with the agreement of the Minister, have it approved by the Tasmanian Planning Commission.

Therefore, the current planning rules contained within Interim Planning Schemes will continue to apply until the Local Provisions Schedules for the relevant municipal area has been approved through a later process. When this occurs, the Tasmanian Planning Scheme will apply.

While the preparation of the State Planning Provisions had regard to the provisions in many of the current Interim Planning Schemes, they are not identical and therefore some of the controls in place will change when the Local Provisions Schedules become operational.

How do the planning rules in interim planning schemes compare with the State Planning Provisions?

Although the State Planning Provisions adopt a similar framework as the Interim Planning Schemes, the planning rules are not the same. The Interim Planning Schemes were, however, extensively reviewed in the preparation of the State Planning Provisions.

The process for assessing and introducing the State Planning Provisions in accordance with the Land Use Planning and Approvals Act 1993 is quite different to that followed in developing Interim Planning Schemes. For example, the public exhibition period for an Interim Planning Scheme was reduced to 42 days, whereas the draft State Planning Provisions required a public exhibition period of 60 days. Furthermore, each Local Provisions Schedule, once prepared, will be required to be publicly exhibited for 60 days.

The range of zones in the State Planning Provisions is similar to those in Interim Planning Schemes, reflecting the suite of zones set out in Planning Directive No.1 – the Format and Structure of Planning Schemes. The State Planning Provisions also provide for the same sort of local variations in Particular Purpose Zones and Specific Area Plans as set out in Planning Directive No.1.

The Planning Directive No.1 template is however, silent on the range and scope of codes and provides no standard range of issues to be covered. Consequently, the codes in current Interim Planning Schemes across the State vary considerably, as the preparation of these was left to the regional planning bodies and individual councils.

Therefore, while the range of codes in the State Planning Provisions is different to the variety in current Interim Planning Schemes, the range of issues covered by the codes is comparable.

There is no single set of codes that the State Planning Provisions can be compared against. For example there is no code called Biodiversity in every Interim Planning Scheme, and where there is such a code included it is often drafted and applied quite differently from one municipal area to another.

This is the situation with a number of the codes, so the State Planning Provisions have been intentionally framed to apply a common sense and consistent approach to the issues.

Importantly most of the State Planning Provisions provide only a set of planning rules. The spatial application of these planning rules is made through the zoning maps and overlay maps contained in each Local Provisions Schedule. Even where the State Planning Provisions specify a map or series of maps to be used for an overlay, the Local Provisions Schedule process will provide an opportunity for the local council and any individual to put forward variations to the map.

It is anticipated that where applicable, councils will translate their current Interim Planning Schemes zones into the new zones that the State Planning Provisions provide. This should mean that the broad zoning of land will not substantially change compared to Interim Planning Schemes.

Similar to the assessment process for the draft State Planning Provisions, each Local Provisions Schedule and its zone and overlay maps will be subject to public exhibition, undergoing a process of review and assessment by the Commission, and require approval before they have legal effect on anyone’s property.

Which of the State Planning Provisions will apply to my property?

If the Local Provisions Schedules are yet to be prepared, how do I know which of the State Planning Provisions will apply to my property?

The suite of zones in the State Planning Provisions is very similar to those already in place in the Interim Planning Schemes. The majority of land will be translated into the same zone when each Local Provisions Schedule is prepared by the council. The planning rules in the State Planning Provisions have been derived from analysing those in place in Interim Planning Schemes and in many cases are very similar.

In brief, it is anticipated that the zoning will remain the same in the majority of situations.

During the preparation of Local Provisions Schedules, if it is considered that a particular property or area warrants a different zoning or local variation from those provided for in the State Planning Provisions, there will be an opportunity to review this, provided the relevant local council and the Tasmanian Planning Commission agree. The criteria for such a change must meet the requirements set out in the Land Use Planning and Approvals Act 1993.

Do the State Planning Provisions need to further the Objectives of the Land Use Planning and Approvals Act 1993?

Yes. Every aspect of the Tasmanian planning system needs to further the Objectives set out in Schedule 1 of the Land Use Planning and Approvals Act 1993 (the Act). This includes the preparation of the Tasmanian Planning Scheme. The State Planning Provisions and the Local Provisions Schedules must further the Objectives of the Act.

The consideration of the draft of the State Planning Provisions by the Tasmanian Planning Commission required a statement as to whether the Commission was satisfied that they met the criteria set out in s.15 of the Act, which requires the State Planning Provisions to further the Objectives set out in Schedule 1 of the Act.

As the State Planning Provisions are a set of planning rules that are not spatially applied until a Local Provisions Schedule is approved for a municipal area, it is important that the Local Provisions Schedules also further the Objectives set out in Schedule 1. The Act requires this under s.34.

The State Planning Provisions must provide the opportunity for councils to further the Objectives of the Act through the spatial application of the State Planning Provisions in the Local Provisions Schedules. Therefore it is important that the draft State Planning Provisions provide enough ‘tools’ for this to occur.

Future character statements and local area objectives

Some interim planning schemes set out desired future character statements and local area objectives. How do the State Planning Provisions provide for this?

The Planning Directive No.1 – the Format and Structure of Planning Schemes provides the framework for all Interim Planning Schemes currently in place across Tasmania.  It includes two mechanisms for local communities to express preferences about the way they wish particular local areas to be used or developed, namely Desired Future Character Statements and Local Area Objectives. These are not used in all current Interim Planning Schemes, and in some are only applied in certain zones.

In Interim Planning Schemes, the application of these mechanisms is limited to assessment of discretionary uses in zones and where a development is discretionary and assessed against a performance criterion which specifically ‘calls up’ Desired Future Character Statements or Local Area Objectives. They are also used inconsistently and interchangeably across the State in Interim Planning Schemes.

The State Planning Provisions have retained the intent of these but sensibly merged them into a single concept called Local Area Objectives. The application of these in the State Planning Provisions will be exactly the same as in Interim Planning Schemes.

Local Area Objectives can be prepared by a local council for any zone for inclusion in the Local Provisions Schedule. They may be used to assess a discretionary use in any zone, not just those that have a reference to them in the performance criteria. They may be also used to assess a discretionary development when specifically referred to in the Performance Criteria.

However, Local Area Objectives cannot be drafted and applied in a manner that sets requirements that are more restrictive than the Acceptable Solutions in the zone. For example, if the Acceptable Solution provides for a height of a building to be 8.5m if it is setback 4.5m from the frontage, then the Local Area Objective cannot restrict the height to less than 8.5m at the same setback but could seek to control the height for that part of the building that is closer to the frontage.

The State Planning Provisions do not include the specific Local Area Objectives but they do provide the mechanism for them to be included within the Local Provisions Schedules.

Special or unique planning controls

My property or area has special or unique planning controls. How will these be reflected in the State Planning Provisions or the Tasmanian Planning Scheme?

In accordance with the Land Use Planning and Approvals Act 1993 , some current Interim Planning Schemes  include a number of special planning areas which are controlled by Particular Purpose Zones, Specific Area Plans or may have property-specific qualifications in the relevant Use Table (known as specified departures in old planning schemes). There are approximately 30 Particular Purpose Zones and 70 Specific Area Plans in current Interim Planning Schemes across the State.

The Act allows for Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications to be part of the Tasmanian Planning Scheme and used in a similar way as in Interim Planning Schemes. The Act provides for these to be directly translated from current Interim Planning Schemes to the appropriate mechanism in the Local Provisions Schedules, unless the Minister, following consultation with the Tasmanian Planning Commission, determines that this should not happen.

Additionally, councils may prepare and introduce new Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications as part of their Local Provisions Schedule, however these will be subject to assessment against the criteria for Local Provisions Schedules set out in the Act.  An individual may also seek to have one included by making a representation in response to the draft Local Provisions Schedule when it is subject to exhibition and assessment.

The Act limits the circumstances when a Particular Purpose Zone, Specific Area Plan or a Site Specific Qualifications can be approved to those which relate to significant social, economic or environmental benefit to the State, a region or a municipal area, or the site has particular environmental, economic, social or spatial qualities that require a unique approach to the planning controls.

Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications can only be utilised in a Local Provisions Schedule where they do not conflict with or undermine the draft State Planning Provisions and it can be demonstrated that a unique approach is warranted for the particular area or site.

The use of Site Specific Qualifications or Specific Area Plans should be limited to very specific (if not unique) situations where application of the Sate Planning Provisions will not deliver a planning outcome consistent with the sustainable development objectives of the Act. They cannot be used to deliver modified standards over a number of local areas because of a view that the Sate Planning Provisions standards are not appropriate.

Does the Minister have the power to overrule the independent Tasmanian Planning Commission?

The Minister’s role in approving planning controls remains very similar to the process that has been operating for many years.

Planning schemes historically have been prepared by local councils but required to include some content mandated by the Government in the form of Planning Directives.

The format of all current Interim Planning Schemes is based on Planning Directive No.1 – the Format and Structure of Planning Schemes, and they also contain planning rules for residential development in the General Residential Zone and for Bushfire Prone Land by virtue of other planning directives.

These planning directives were approved by the Minister of the day, based on recommendations arising from an assessment by the Tasmanian Planning Commission following a public process which included hearings and public representations. The Minister had the final say and could determine whether or not to approve the planning directive irrespective of the Tasmanian Planning Commission’s recommendation.

The planning schemes themselves, including the zone maps and overlays, were approved by the Tasmanian Planning Commission following public input, but only after the Minister had given approval for that to occur.

The assessment of the State Planning Provisions is almost the same as the planning directive process, except the Minister now has the power to accept some of the Tasmanian Planning Commission’s recommendations rather than all or none of them. Where the final State Planning Provisions are modified from the draft of the State Planning Provisions that were exhibited, the Minister is required to publish his or her reasons for that variation.

The current State Planning Provisions have been approved with modifications and the Minister has published his Statement of Reasons.

The assessment of Local Provisions Schedules will follow exactly the same process as that used for planning schemes before the current interim schemes. This reinstates the public opportunity to raise concerns with the Planning Commission before the planning scheme has effect.

The Minister may only provide agreement, or otherwise, to the Tasmanian Planning Commission approving the final Local Provisions Schedules. There is no power for the Minister to change the Local Provisions Schedules or accept only some of the Commission’s recommendations.

So while the Minister has approval powers in relation to the State Planning Provisions he or she must have regard to the recommendations of the Tasmanian Planning Commission and is required to publish the reasons for modifying the drafts.

However, the Tasmanian Planning Commission is retained as the decision maker for the zone and overlay maps and other local variations in the Local Provisions Schedules.

What will the Local Provisions Schedules include?

What will the Local Provisions Schedules include?

The Local Provisions Schedules indicate how the State Planning Provisions will apply in each local municipal area. They will contain the zone maps and overlay maps or description of places where the codes apply.

They will also contain Local Area Objectives and any planning controls for unique places specific to the local area. These unique areas can be in the form of Particular Purpose Zones, Specific Area Plans, and Site-Specific Qualifications.

Who is responsible for preparing the Local Provisions Schedules?

Who is responsible for preparing the Local Provisions Schedules?

Councils are responsible for preparing their Local Provisions Schedules. Councils will be responsible for consulting on the Local Provisions Schedules with their communities and other stakeholders to ensure it reflects the community’s expectations.

The zone maps will be largely a translation from the current Interim Planning Schemes However, councils will be able to amend their zone maps, as required to implement the suite of zones provides for in the State Planning Provisions.

Strategic zoning changes may also be achieved through the current streamlined amendment process prior or subsequent to the commencement of the Tasmanian Planning Scheme in that local area.

Councils must submit their draft Local Provisions Schedules to the Tasmanian Planning Commission for consideration prior to the public exhibition and assessment process.

Will I be able to make representations on the Local Provisions Schedules?

Will I be able to make representations on the Local Provisions Schedules?

Councils are required under the Land Use Planning and Approvals Act 1993 (the Act) to publicly exhibit their draft Local Provisions Schedules for 60 days.

The Act provides that any person can make a representation on the draft Local Provisions Schedules within that period. The council is then required to report to the Tasmanian Planning Commission on the representations it has received.

The Tasmanian Planning Commission will undertake the statutory assessment of representations on the draft Local Provisions Schedules.

The Local Provisions Schedules must be consistent with the criteria set out in the Act in section 34. These include a requirement to further the Objectives of the Act, and to be consistent with State Policies and the appropriate Regional Land Use Strategy. Local Provisions Schedules must also, as far as practicable, be consistent and coordinated with any Local Provisions Schedules that applies to the adjacent municipal areas.

Will a Local Provisions Schedule be able to change a State Planning Provision?

The Land Use Planning and Approvals Act 1993 (the Act) provides for particular circumstances when Local Provisions Schedules can override State Planning Provisions. An approved variation in the form of a Particular Purpose Zone, Specific Area Plan or a Site Specific Qualification is deemed to be an overriding provision.

The Act limits the circumstances when a Particular Purpose Zone, Specific Area Plan or a Site Specific Qualification can be approved to those which relate to significant social, economic or environmental benefit to the State, a region or a municipal area, or where the site has particular environmental, economic, social or spatial qualities that require a unique approach to the planning controls.

Particular Purpose Zones, Specific Area Plans and Site Specific Qualifications can only be utilised in a Local Provisions Schedule where they do not conflict or undermine the State Planning Provisions and it can be demonstrated that a unique approach is warranted for the particular area or site.

The use of Site Specific Qualifications or Specific Area Plans should be limited to very specific (if not unique) situations where application of the State Planning Provisions will not deliver a planning outcome consistent with the sustainable development objectives of the Act. They cannot be used to deliver modified standards over a number of local areas because of a view that the Sate Planning Provisions standards are not appropriate.

The other way that a Local Provisions Schedule can affect the State Planning Provisions is that if during the preparation of a Local Provisions Schedule, a council considers that one or more of the State Planning Provisions needs amendment, and it can then ask the Minister to consider that.

The Act requires the Minister to review the State Planning Provisions after every 5 years of operation.

When will the Tasmanian Planning Scheme take effect?

The Tasmanian Planning Scheme will come into effect in each municipal area when the Local Provisions Schedule which applies the State Planning Provisions in that area has been approved by the Tasmanian Planning Commission.

Preparation of the draft Local Provisions Schedules is expected to begin in the first half of 2017, after which they will be exhibited and assessed.

Where can I get more information about the Tasmanian Planning Scheme?

This website and the Tasmanian Planning Commission’s website contain many of the relevant documents, including:

  • The original draft State Planning Provisions are contained in the report prepared by the Tasmanian Planning Commission under s.25 of the Act which was provided to the Minister on 9 December 2016.
  • The Commission’s report
    Contains the Commission’s recommendations to the Minister on modifications to the draft State Planning Provisions and a version of the provisions modified in accordance with that advice. It also provides a summary of the representations made during the extensive public exhibition and hearings.
  • The State Planning Provisions made by the Minister.
  • The Statement of Reasons
    Contains more detail on reasons for the modifications and why the Minister determined that the modified draft does not require re-exhibition.

General enquiries about the preparation of the Tasmanian Planning Scheme should be directed to:

The Manager
Planning Policy Unit
Department of Justice
GPO Box 825 Hobart 7001
Ph (03) 6166 1429
Email planning.unit@justice.tas.gov.au

Enquiries on the public exhibition and assessment process should be directed to:

The Tasmanian Planning Commission
Level 3, 144 Macquarie Street, Hobart
GPO Box 1691 HOBART TAS 7001
Email tpc@planning.tas.gov.au

Planning scheme diagram

Tasmanian Planning Scheme - diagram

Hierarchy of the Tasmanian Planning Scheme

Downloads

Fact sheets

  • Heritage fact sheet (docx, 97.6 KB)
    The Local Historic Heritage Code in the Tasmanian Planning Scheme provides a single statewide code for regulation and protection of heritage significance, in a clear, consistent way which provides certainty for all Tasmanians.
  • Natural assets fact sheet (docx, 99.4 KB)
    The Natural Assets Code provides consistency across the State regarding the protection of important natural values and recognises of the significant role that other State and Commonwealth legislation has in biodiversity conservation.
  • Parks & reserves fact sheet (docx, 97.9 KB)
    Under the Tasmanian Planning Scheme, land within national parks and public reserves are to be zoned Environmental Management. This includes land reserved under the Nature Conservation Act 2002 and within the Tasmanian Wilderness World Heritage Area.
  • Tasmanian Planning Scheme fact sheet (docx, 102.3 KB)
    What is the Tasmanian Planning Scheme? The Tasmanian Planning Scheme is the single statewide planning scheme which provides a set of statewide consistent planning rules and replaces the 29 interim planning schemes operating in Tasmania.
  • Tourism industry fact sheet (docx, 97.5 KB)
    Under the Tasmanian Planning Scheme, there will be a high degree of certainty, consistency and clarity for investors and operators in the tourism industry, and for home owners wanting to share their home for visitor accommodation.

Planning reform documents

  • State Planning Provisions (PDF, 3.2 MB)
    The State Planning Provisions of the Tasmanian Planning Scheme include the identification and purpose, the administrative requirements and processes,the zones with standard use and development provisions, and the codes with standard provisions.