- You need planning approval if your proposed use/development is classified as Permitted or Discretionary in the Tasmanian Planning Scheme (TPS).
- There is a step-by-step process that councils use to assess an application.
All possible land uses and developments are classified into broad use classes. There are 34 use classes, which you can find in Table 6.2. of the TPS. This is in the document library.
Some use and development is exempt. You can find exemptions in Clause 4 of the TPS.
The zone table for each zone tells you which Use Classes are:
- No Permit Required
- Permitted
- Discretionary
- Prohibited
in that zone.
Each zone also tells you about the Use and Development Standards that apply. These standards include the set backs, height limits, hours of operation, and other matters. Your application needs to describe how you meet the standards.
The assessment process will include the following questions:
- Is there any information missing?
- Is this use/development allowable in the zone?
- What codes apply?
- Does the application address all the relevant standards?
- Does it rely on the Acceptable Solutions or the Performance Criteria (see below)?
See the Tasmanian Planning Scheme page for more information.
Acceptable Solutions and Performance Criteria
The Acceptable Solution is a quantitative measure, while the Performance Criteria require the planning authority to exercise judgement. The table below gives examples for visitor accommodation, a common planning issue (Clause 8.3.2 of the TPS).
Zone | Acceptable Solution | Performance Criteria |
|---|
General residential | Visitor Accommodation must: (a) accommodate guests in existing habitable buildings; and (b) have a gross floor area of not more than 200 m2 per lot. | Visitor Accommodation must be compatible with the character and use of the area and not cause an unreasonable loss of residential amenity, having regard to: (a) the privacy of adjoining properties; (b) any likely increase in noise to adjoining properties; (c) the scale of the use and its compatibility with the surrounding character and uses within the area; (d) retaining the primary residential function of an area; (e) the impact on the safety and efficiency of the local road network; and (f) any impact on the owners and users rights of way. |
Any application for a use or development that is Permitted in its zone and relies wholly on the measurable Acceptable Solutions must be approved and does not require consultation.
Timeframes
Permitted and Discretionary applications have different timeframes.
You can expect a decision within 28 calendar days for a Permitted, and 42 calendar days for a Discretionary application.
If extra information is needed, the clock ‘stops’ and starts again once the applicant has supplied the information.
If approval by Heritage Tasmania or the Environmental Protection Authority (EPA) is required, timeframes may extend.
Referrals
The Council is often required to refer a planning application to another organisation for specialist assessment or advice. This usually relates to
- Heritage
- Environmental impacts
- Infrastructure.
For example, the Electricity Supply Act 1995 requires councils to refer any planning application to TasNetworks if works would be required to be carried out by TasNetworks before the development or use may occur or if the use or development would adversely affect TasNetworks’ operations.
You can find out more about these other organisations involved in the planning process on our Who Does What? page.
