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Tasmanian planning reform

Planning reform

Overview

Planning reform - an 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.

In late 2015, further amendments commenced that provide for a statewide 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 Planning Reform Taskforce established in 2014 and reporting to the Minister for Planning and Local Government has provided advice to Government on planning reform, particularly on the delivery of the Tasmanian Planning Scheme.

New state planning policies will be 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

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 Principle Act to allow for the Tasmanian Planning Scheme to be established, consisting of State Planning Provisions (SPPs) and Local Provisions Schedules (LPSs)

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

The draft of the SPPs 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 SPPs 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 SPPs. Under the legislation the Commission has 90 days from the close of the exhibition to report to the Minister on the SPPs and recommend any modifications.

The Minister extended the time for the Commission to report on the SPPs until 9 December 2016.

The Commission has now handed its report to the Minister who is now seeking advice in relation to that. The Minister has welcomed the detail of the Commission’s report and committed to release the report in the near future.

The next step is for the Minister to determine what, if any, modifications are required to the draft of the SPPs that were exhibited and then to formally ‘make’ the final SPPs.

Once the SPPs are made the Minister they will be provided 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 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 intends to commence consultation on the Tasmanian Planning Policies in the second half of 2016.

It is anticipated that these new policies will 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.

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.

Frequently asked questions

What is the Tasmanian Planning Scheme?

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, which was passed without a dissenting vote in late 2015, made changes to the Principle Act to allow for the Tasmanian Planning Scheme to be established. The Act provides that the Tasmanian Planning Scheme consists of two parts - State Planning Provisions and Local Provisions Schedules.

The Act provides for a process to draft and consult on the draft State Planning Provisions and then for them to 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 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 has now handed its report to the Minister who is now seeking advice in relation to that. The Minister has welcomed the detail of the Commission’s report and committed to release the report in the near future.

The next step is for the Minister to determine what, if any, modifications are required to the draft of the SPPs that were exhibited and then to formally ‘make’ the final State Planning Provisions.

Once the State Planning Provisions are made by the Minister they will be provided 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?

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?

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 22 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?

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 and the consideration of the independent Tasmanian Planning Commission. The Commission has now reported to the Minister on whether the draft of the State Planning Provisions meets the criteria set out in the Act.

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

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 still available on the Tasmanian Planning Commission’s website.

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 like any law.

A comprehensive Explanatory Document, dated 7 March 2016, was prepared by the Minister to explain the basis for the draft State Planning Provisions and how they are intended to operate. This is the first time an entire planning scheme has been presented with such a guidance document. This Explanatory Document is also still available on the Tasmanian Planning Commission’s website at the link provided above.

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

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.

The Commission has now concluded its consideration of the first draft of the State Planning Provisions and provided its report under s.25 of the Act to the Minister.

The Minister is now required to decide whether to proceed with making the State Planning Provisions and in what terms.

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

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 has 90 days from the close of the exhibition to report to the Minister on the State Planning Provisions and recommend any modifications or such longer period as the Minister allows. The Commission’s report must include a summary of the representations and 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 Minister extended the time available to the Commission to provide its report by a further 3 months (to 9 December 2016).

The Commission handed its report to the Minister on Friday 9 December and the Minister is now considering the report and the specific recommendations before making the State Planning Provisions.

The Act provides for the Minister to inform himself as he sees fit in relation to any matter.

On receipt of the Commission’s report, the Minister released a media 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 the report available to coincide with his making of the State Planning Provisions. The Minister anticipates that he will be in a position to make the State Planning Provisions early in the New Year.

The Minister's media release about the Commission's report can be read on the Premier's website.

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

Are the draft State Planning Provisions related to recent changes to the planning rules effecting my land?  Will the draft 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 draft State Planning Provisions, it is anticipated that councils will translate current Interim Planning Schemes zones and overlays, where appropriate, to their Local Provisions Schedule to spatially apply the set of consistent planning rules in the draft State Planning Provisions.

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

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

While the preparation of the draft State Planning Provisions had regard to the provisions in many of the current interim planning schemes they are not identical and some of the controls in place will change when the Local Provisions Schedules are operational.

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

Although the draft of the State Planning Provisions adopts 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 draft State Planning Provisions.

The process for assessing and introducing the State Planning Provisions in accordance with the Land Use Planning and Approvals Act 1993 (the Act) is quite different compared with 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 requires a public exhibition period of 60 days. Furthermore, each Local Provision Schedule, once prepared, will be required to be publicly exhibited for 60 days.

The range of zones in the draft of the State Planning Provisions is similar to Interim Planning Schemes, reflecting the suite of zones set out in Planning Directive No.1 – the Format and Structure of Planning Schemes. The draft 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, and the preparation of these was left to the regional planning bodies and individual councils.

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

There is no single set of codes that the draft of the State Planning Provisions can be compared against. For example there is no code called Biodiversity in all of the Interim Planning Schemes 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 draft of the State Planning Provisions have been intentionally framed to apply a common sense and consistent approach to the issues.

The draft 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 Provision Schedule. 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 from Interim Planning Schemes.

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

Which of the draft 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 draft SPPs will apply to my property?

The suite of zones in the draft 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 draft 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 a 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 (the Act).

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

Do the draft 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 requires a statement as to whether it is satisfied that they meet the criteria set out in s.15 of the Act, which requires the SPPs 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. 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 draft 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.

These are called 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 criteria which specifically ‘calls up’ a Desired Future Character Statements or Local Area Objectives. They are also used inconsistently and interchangeably across the State in Interim Planning Schemes.

The draft 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 draft 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 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 Local Area Objective are not part of the draft State Planning Provisions but they do include the capacity for them to be included within the Local Provision 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 (the Act), 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 Interim Planning Schemes. Furthermore, 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 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 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 are not appropriate to use as a generic tool 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?

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

The Minister’s role in approving planning controls is very similar to those that have 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 from an assessment by the Tasmanian Planning Commission  which included public representations. The Minister had the final say and could determine not to approve the planning directive or to approve it irrespective of the Tasmanian Planning Commission’s recommendation.

The planning schemes 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 draft of the State Planning Provisions is varied, the Minister is required to publish his or her reasons for that variation.

The assessment of Local Provisions Schedules  is exactly the same as the previous process for planning schemes, where 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 it.

This provides the Minister with approval powers in relation to the draft State Planning Provisions but having regard to the recommendations of the Tasmanian Planning Commission and requiring publication of the reasons for modifying the drafts. It retains the Tasmanian Planning Commission 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 an State Provisions Provision?

Will an Local Provisions Schedule be able to change an State Provisions Provision?

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

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 the site has particular environmental, economic, social or spatial qualities that require a unique approach to the planning controls.

Particular Purpose Zones, Specific Aare Plans and Site Specific Qualifications can only be utilised in a Local Provisions Schedule where they do not conflict 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 State Planning Provisions will not deliver a planning outcome consistent with the sustainable development objectives of the Act. They are not appropriate to use as a generic tool to deliver modified standards over a number of local areas because of a view that the State Planning Provisions standards are not appropriate.

The other way that a Local Provisions Schedule can affect an State Planning Provisions is that if during the preparation of an Local Provisions Schedules, a council considers that one or more of the SPPs needs amendment, it can 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?

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, with agreement by the Minister.

The draft Local Provisions Schedules are expected to begin to be prepared in the second half of 2016, then exhibited and assessed during 2017.

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

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

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) 6165 4937

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

Planning scheme diagram

Tasmanian Planning Scheme - diagram

Hierarchy of the Tasmanian Planning Scheme