- The planning scheme controls what development happens in your local area.
The planning scheme is a legal document (often called a statutory instrument) that sets out objectives, rules and requirements about:
- what land uses and developments are allowed
- where they are located
- the criteria for assessing an application.
According to the Land Use Planning and Approvals Act 1993 (LUPAA), a planning scheme:
- must seek to further the objectives of the Resource Management and Planning System (RMPS)
- must seek to further the objectives of the planning process established by LUPAA
- must be prepared in accordance with State Policies made under the State Policies and Projects Act 1993
- may make provisions relating to the use, development, protection or conservation of any land (including water) in the area.
A planning scheme may also be used to:
- show land reserved for public purposes
- give requirements for the supply of power, water, gas, sewerage and telecommunications
- set conditions and restrictions on permits
- make a use or development of land conditional on an agreement (Part 5 of LUPAA)
- give directions about the staging of a development or use
- include any other matter that LUPAA gives powers for
- allow an application to bring a nonconforming use of land into conformity, or greater conformity, with the scheme.
A planning scheme may also apply, adopt or incorporate any document that relates to the use, development or protection of land. For example, the planning scheme may adopt relevant Australian standards. This would be read as part of the planning scheme.
A planning scheme has two parts:
- a written document that sets out the rules for uses and developments
- maps showing where these rules apply.
In the Tasmanian Planning Scheme (TPS), the State Planning Provisions (the SPPs) set out general provisions that apply to each council area. These cover:
- administrative matters
- definitions
- operational requirements
- exemptions
- how planning permit applications should be assessed
- planning rules for zones and codes.
Zones and codes are explained more fully here.
Each council may have additional objectives and requirements to protect unique areas or address local issues that only apply to their council area.
What do ‘use’ and ‘development’ mean?
Use of land means using land for a particular purpose, such as a house, a shop or a medical centre. Sometimes a use may not involve building anything, for example, farming on land zoned for agriculture.
Development includes the construction, alteration or demolition of a building or works, and the subdivision or consolidation of land.
Who is affected by the planning scheme?
The planning scheme applies to all private and public land in Tasmania. A planning scheme is binding on all members of the public, on state government agencies, public authorities, planning authorities and government ministers.
How is a planning scheme enforced?
Local councils are responsible for enforcing the planning scheme. For example, if a person starts a development without a required permit, or breaches a condition on a permit, then the local council can take action. The relevant legislation sets out enforcement procedures.
Please see the page on enforcement for more details.
