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IRIS Tasmania  >  Planning and Development  >  Land Use and Development  >  Text - Planning Permit under Planning Scheme

Planning Permit under a Planning Scheme

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

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
  • Council then determines the application to be a:
    • permitted application;
      • Section 58 applications, commonly called 'permitted' applications, must be approved by Council but can be subject to any conditions Council believes necessary
    • discretionary application; or
      • 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
    • prohibited development
      • 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

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
  • The council engages professional officers to prepare a report and provide recommendations

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