Introduction
Hot on the heels of the recent Interim Planning Scheme process, the Tasmanian Planning System is undergoing further reform which aims to implement a single statewide planning scheme, proposed for the end of 2017.
The new system is called the Tasmanian Planning Scheme (TPS). The TPS is intended to further harmonise Tasmania’s planning instruments and in doing so, produce faster, fairer and more cost effective planning outcomes.
Tasmania’s principal land use planning statute is the Land Use Planning and Approvals Act 1993 (LUPAA).
With effect from 17 December 2015, significant amendments were introduced into LUPAA which laid the foundation for the development of the TPS.
Structure of the TPS
Put simply, the TPS will consist of two main components:
- ‘State Planning Provisions’ or ‘SPPs’; and
- ‘Local Provisions Schedules’ or ‘LPSs’.
The SPPs contain uniform planning controls such as zoning and overlays which, subject to certain exceptions, are intended to apply throughout Tasmania.
Each municipal area in Tasmania will have its own LPS which will, at a minimum, apply the zones and overlays defined by the SPPs but may also include other matters such as ‘particular purpose zones’, ‘specific area plans’ and ‘site specific qualifications’.
Current status of the TPS
Public exhibition and comment on the draft SPPs closed on 18 May 2016.
The Tasmanian Planning Commission (Commission) must now consider all representations received about the draft SPPs during the exhibition period and conduct public hearings to address contentious matters and uncertainties.
Once those hearings have concluded, the Commission will prepare a report to the Minister for Planning and Local Government which includes the Commission’s recommendations.
Following receipt of the Commission’s report, the Minister has the power to make the SPPs. Once made, the SPPs will only come into effect on a date determined by the Minister and published in the Government Gazette.
Each individual Council is responsible for preparing its own draft LPS in accordance with a template/structure which will be specified in the final SPPs. At the time of writing, none of the draft LPSs have been exhibited for public comment.
If you have any queries or would like further information regarding this article, please contact:
Anthony Spence
Principal
M: 0400 545 503
E: aspence@pageseager.com.au
Sarah Wilson
Special Counsel
M: 0428 102 712
E: swilson@pageseager.com.au
Marc Edwards
Senior Associate
M: 0407 205 719
E: medwards@pageseager.com.au
