Simplified Process for Planning Permit
Stage 1 – Informal Communication
- Discuss:
- relevant planning scheme provisions and application requirements with your local council;
- your intentions with relevant authorities and State agencies e.g. removing threatened species, accessing State roads; and
- your intentions with owners of neighbouring properties and affected parties.
- After all discussions, an application for permit for use or development may not be required
Stage 2 – Application Submission and Referral
- You will need to fill in and submit an Application for a Planning Permit / Development Application with your local council
- Councils normally require you to provide a completed application form, as well as a copy of relevant titles and sketch plans showing the 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
- Generally, council has 42 days to determine the application
- Council may request additional information to be able to assess the application
- If additional information is required, the assessment period does not run until the request has been met to the satisfaction of Council
- Applicants are able to appeal requests for additional information.
- Council has 21 days to request additional information
Stage 3 - Advertising and Consultation
- The application is publicly notified, usually by council on behalf of the applicant
- 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.
- The application is referred to relevant sections within council and/or to external organisations for advice
- Third parties (e.g. neighbours, State agencies) may make representations to council which must be considered
- The timeframe for making a representation is generally 14 days from the date of advertisement
Stage 4 – Assessment and Decision
- Council determines the application by either:
- refusing it; or
- approving it with or without conditions.
- The applicant and/or representors are notified of the decision
- Council has 7 days to notify the applicant and any third parties of the decision
Stage 5 - Appeal
- The applicant and/or any representors may lodge an appeal against all or part of the council's decision with the Resource Management and Planning Appeal Tribunal (RMPAT)
- RMPAT have 90 days to determine the appeal
- The parties may undertake a mediation conference with the aim of reaching an agreement without holding a full hearing
- Mediation conferences are chaired by a professional mediator
- The vast majority of planning appeals in Tasmania are resolved through mediation
- The Tribunal holds formal hearing at which all parties are able to provide submissions to support their case
- The Tribunal decision either confirms, varies or sets aside the council's decision