14 Apr 2016

Single State-wide Planning Scheme another step closer for Tasmania

by Nicole Besgrove, Claire Smith

Submissions on Tasmania's draft State Planning Provisions must be made by close of business on Wednesday, 18 May 2016.

The Tasmanian Planning Commission released the draft State Planning Provisions (SPPs) on 15 March 2016 for a 60 day consultation period ending 18 May 2016 as the next step to implementing a single State-wide planning scheme. The draft SPPs and an accompanying Explanatory Document, which contains the Terms of Reference for the draft SPPs at Appendix 1, can be viewed on the Commission's website.

Single State-wide planning scheme

We previously examined the Land Use Planning and Approval Amendments (Tasmanian Planning Scheme) Act 2015 which was passed by the Tasmanian Parliament on 12 November 2015 (with amendment) and commenced on 17 December 2015. These amendments provided for the making, amending and review of the Tasmanian Planning Scheme, which comprises of:

  • SPPs: includes the purpose and objectives, the administrative requirements and processes including exemptions from the planning scheme and general provisions that apply to all use and development irrespective of the Zone, the Zones with standard use and development provisions, and the Codes with standard provisions; and
  • Local Provisions Schedules (LPSs): includes the Local Planning Provisions (LPP) that apply to each local Council area. These Local Provisions Schedules include Zone and overlay maps, local area objectives, lists relevant to Codes, Particular Purpose Zones, Specific Area Plans, and any site specific qualifications for specific circumstances.

What next?

When the consultation period for the draft SPPs ends, the Commission has 90 days (or longer if the Minister grants an extension requested by the Commission) to consider the draft SPPs along with any submissions made and report to the Minister. The Minister will then make a decision about whether to proceed with the SPPs and in what terms. This decision will be notified in the Government Gazette.

Once the SPPs have been made by the Minister, local planning authorities will then be required to develop the draft LPS for their respective municipal areas for submission to the Commission. It is anticipated that submission of the first draft LPSs will occur in late 2016. The draft LPSs will then be released for public consultation.

The Tasmanian Planning Scheme will then come into effect in each municipal area once the relevant LPS for that area is in place.

As part of these reforms, the Commission has also released the following new Practice Notes to replace existing Planning Advisory Notes:

  • Practice Note 1 ‒ Planning scheme amendments
  • Practice Note 2 ‒ Urgent amendments
  • Practice Note 3 ‒ Combined permit and amendment applications.

Proponents, planning consultants and council planners should familiarise themselves with the key provisions set out in the Practice Notes and any recommendations and commentary in relation to planning scheme amendments and combined applications as this will ensure key items will be sufficiently addressed for the Commission's processes for amendment requests and combined applications. While the Practice Notes can be used as a quick reference guide to each of the processes to which they apply, we recommend that the key provisions in the Act also be reviewed.

What you need to do

Submissions can be made by email or post in accordance with the details on the Commission's website by close of business on Wednesday, 18 May 2016.

If you would like any further information or advice on how this will affect your future development proposals, please contact us.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.