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IRIS Tasmania  >  Planning and Development  >  Land Use and Development  >  Text - Prohibited Development

Prohibited Development

Process for Combined Development Application and Planning Scheme Amendment (Section 43A Process)

Stage 1 - Informal Communication

  • Discuss your intentions with your local council prior to submitting a formal request;
  • Write to your local council to request they amend the planning scheme to enable the granting of a Planning Permit/Development Application

Stage 2 - Application Submission and Referral

  • Council has 42 days to decide whether or not to initiate a proposed planning scheme amendment
  • The council may decide not to initiate the amendment, in which case the applicant may ask the Resource Planning and Development Commission (RPDC) review its method of reaching its decision
  • The council may initiate the amendment - In its determination, a council must consider whether the amendment seeks to further the objectives set out in Schedule 1 of the Land Use Planning and Approvals Act 1993 (LUPAA) and has been prepared in accordance with State Policies (Section 32 of LUPAA).
    The planning authority must consider the granting of a permit in the normal manner (including reference to the Board of Environmental Management and Pollution Control (BEMPC) if appropriate), except that it shall do so as if the required planning scheme amendment has been approved. In this case, any approval of a permit by the planning authority is conditional on the planning scheme amendment being approved by the Resource Planning and Development Commission (RPDC)
    To determine the application, the council must take into account:
    • the objectives set out in Schedule 1 of LUPAA;
    • prescribed matters that are relevant to the use and development; and
    • relevant planning scheme provisions
  • Council may request additional information to be able to assess the application
    • Council has 28 days to request additional information
  • If there are environmental implications, the BEMPC considers the application - If the permit application is one that must be considered by the BEMPC (in accordance with Sections 24 and 25 of the Environmental Management and Pollution Control Act 1994) then a council must incorporate any conditions of the BEMPC into the permit. If the BEMPC resolves that the application should not proceed, then a planning authority must refuse the permit application
  • Council then either refuses to grant the permit or grants the permit unconditionally or subject to conditions - the permit has no effect until confirmed by the RPDC

Stage 3 - Advertising and Consultation

  • Even if the permit application is not granted, the council exhibits the planning scheme amendment
  • If the permit application has been granted unconditionally or subject to conditions then the planning scheme amendment and permit application are exhibited concurrently
    • Council has 7 days to notify the RPDC of their decision to initiate an amendment and forward a copy of the draft amendment, instrument of Certificate and permit to the RPDC
  • There is a minimum advertising period of 21 days

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