Australia: Minister makes State Planning Provisions in Tasmania

State Planning Provisions for the Tasmanian Planning Scheme have been made with modification.

On 22 February 2017 the Tasmanian Minister for Planning and Local Government made the State Planning Provisions (SPPs) which provide the planning rules to support the new single State-wide Tasmanian Planning Scheme.

Draft SPPs

In April 2016 we examined the process for making the SPPs when they were released in draft form for public consultation. The 60-day consultation period ended on 18 May 2016 after which the Tasmanian Planning Commission:

  • considered the 294 representations received within the consultation period and a further nine late representations that were accepted;
  • held 25 hearings in Burnie, Launceston and Hobart between July and October 2016; and
  • provided its Draft State Planning Provisions Report dated 9 December 2016 to the Minister. This recommended modifications to the draft SPPs to improve the clarity and consistency of drafting, respond to representations and submissions and to ensure that the draft SPPs can be practically applied and operate in the manner intended.

Final SPPs

The Minister largely accepted the Commission's recommended modifications to the exhibited draft SPPs and its reasons, with the exception of the following matters:

  • modifications agreed to by the Commission in response to clarifications sought by the Minister; and
  • modifications based upon advice provided to the Minister by the Tasmanian Planning Reform Taskforce and the State Policies Interdepartmental Committee on select matters, including minor editorial modifications identified by the Department of Justice's Planning Policy Unit.

The Minister determined that the modifications to the SPPs did not constitute a substantial change to the exhibited draft SPPs and therefore the re-exhibition of the modified version was not required.

Details of the Minister's reasons for modifying the provisions of the draft SPPs and decision not to re-exhibit the modified draft SPPs are contained in his Statement of Reasons. However, briefly the Minister's directions in relation to the Commission's recommendations related to the following:

  • omission of the Natural Assets Code pending its further review and re-exhibition as part of a future amendment following the making of the SPPs;
  • the exemption for 'visitor accommodation in a dwelling' from the requirement for a planning permit;
  • specific provisions for significant trees in the Local Historic Heritage Code;
  • the separation distances (attenuation distances) in the Attenuation Code;
  • the provisions for the protection of Airports in the Attenuation Code;
  • permitted pathway for State-reserved land in the Environmental Management Zone;
  • provision of multiple dwellings in the Agriculture Zone;
  • excluding the application of the Scenic Protection Code from the Low Density Residential Zone;
  • codes for Coastal Hazard, Riverine Inundation Hazard, Landslip Hazard and Potentially Contaminated Land;
  • standard in zones relating to requirements of vehicular access for subdivisions;
  • zone standards for water supply connection;
  • minor inconsistencies in references to utilities;
  • special provision for contaminated land in relation to the Macquarie Point site;
  • food and beverage production as a Resource Processing use class;
  • standards for management of airborne contaminants from specific uses in proximity to an electricity transmission corridor and a substation facility;
  • Bushfire Prone Areas Code - on 22 February 2017 the Minister made the Interim Planning Directive No. 1.1 - Bushfire-Prone Areas Code and it took effect from 23 February 2017. A five week public consultation period commenced on 25 February 2017; and
  • how overlay maps are to be produced.

A copy of the SPPs as made by the Minister can be found on the Government's website.

What next?

Now that the SPPs have been made, the Minister will provide them to local planning authorities so that they can develop their own Local Provisions Schedules (LPSs).

The SPPs will come into effect in relation to a municipal area once approval of the LPSs of that municipal area is notified in the Tasmanian Government Gazette.

If you would like any further information or advice on how the final SPPs will affect your future development proposals, please contact us.

RELATED KNOWLEDGE

Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this bulletin. Persons listed may not be admitted in all states and territories.

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