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Planning and Development

Planning Permit under a Planning Scheme

Process for Planning Permit/Development Application (under a Planning Scheme)

1. Informal Communication

Action

Discuss your intentions with owners of neighbouring properties and affected parties

Action

Discuss your intentions with relevant authorities and State agencies

Action

Discuss relevant planning scheme provisions and application requirements with your local council

Decision

After all discussions, an application for permit for use or development may not be required.

2. Application submission and referral

Action

The council may request additional information to be able to assess the application *2

Document

You will need to fill in and submit an Application for a Planning Permit / Development Application with your local council *1

Document

Council determines the application to be: a S.43A / 'prohibited' development *3

Internal timeline
Council has 21 days to request additional information		 External timeline

Document

Council determines the application to be: a S.57 / 'discretionary' application *4

Document

Council determines the application to be: a S.58 / 'permitted' application *5

3. advertising and consultation

External timeline
The Council has a total of 42 days to determine application

Process

Third parties (e.g. neighbours, State agencies) may make submissions to council which must be considered

Process

The council advertises the application *6

Process

Application is referred to relevant sections within the council or to external organisations for advice

Internal timeline
Third parties have 14 days to for making representation unless otherwise agreed

Action

The council engages professional officers to prepare a report and provide recommen-dations

4. Assessment and Decision

External timeline

Decision

The council refuses the application

Decision

The council approves the application with or without conditions

Process

Third parties notified of decision

Process

Applicant notified of decision

Internal timeline
The Council has 7 days to notify the applicant and any representors of the decision

5. Appeal

Decision

Tribunal decision either confirms, varies or sets aside council decision

Process

Tribunal holds formal hearing at which all parties are able to provide submissions to support their case

Action

Applicant &/or third parties may lodge an appeal with the Resource Management and Planning Appeal Tribunal (RMPAT)

Process

The parties may undertake a mediation conference with the aim of reaching an agreement without holding a hearing *7

External timeline
RMPAT has 90 days to determine any appeals
 

Key

           
  decision   process
  action   internal timeline
  document   external timeline
 

document notes

  1. Councils normally require an application form to be completed, as well as a copy of relevant titles and sketch plans showing existing and proposed use and development.
    Fees should also be submitted at this time.
    See the Planning Applications web site for information about planning application requirements: http://www.planningapplications.tas.gov.au/
  2. If additional information is required, the application determination periods do not progress until the request has been met to the satisfaction of Council.
    Applicants are able to appeal requests for additional information.
  3. Under Section 43A of LUPAA (the Land Use Planning and Approvals Act 1993), a proposed development may be classified as prohibited if it does not comply with planning scheme provisions. If the development is prohibited than it cannot be undertaken unless the planning scheme is amended and as a consequence of this a planning permit is issued. See the Prohibited Development flowchart for more information.
  4. Section 57 applications, commonly called 'discretionary', may be approved or refused by Council and must be publicly advertised to provide third parties with the opportunity to make a representation to Council.
  5. Section 58 applications, commonly called 'permitted' applications, must be approved by Council but can be subject to any conditions Council believes necessary.
  6. The requirements for advertising are specified in regulations and include:
    • Advertising in major newspapers;
    • Displaying a notice on the public boundary of the land; and
    • Sending a written notice to adjoining landowners and occupiers.
  7. Mediation conferences are chaired by a professional mediator.
    The vast majority of planning appeals in Tasmania are resolved through mediation.