SPP Amendment - 03/2024 - Clarification and display home exemption
What is this about?
This draft amendment 03/2024 will make any necessary amendments of the SPPs to:
- clarify the operational requirements relating to the Use Class for Domestic Animal Breeding, Boarding or Training,
- clarify the assessment of an application for discretionary use or development,
- clarify operation of an exemption and remove potential inconsistencies related to vegetation removal approved under a forest practices plan
- align the SPPs with Planning Directive No. 10 – Exemption for Display Homes (PD10) that the former Minister for Planning determined.
- clarify operation of the Attenuation code.
This draft amendment is proposed to follow the process for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPA Act).
The proposed amendment 03/2024 of the SPPs will apply in council areas where the Tasmanian Planning Scheme is in effect.
Who is involved?
SPO, local government and the Tasmanian Planning Commission.
Timeframe
The draft amendment 03/2024 is proposed to follow the process for a minor amendment of the SPPs. A draft amendment to the SPPs that meets the minor amendment criteria does not require public exhibition, so it takes less time to complete than a normal amendment of the SPPs.
More information on the preparation and assessment of draft SPPs amendments process (JPG, 109.8 KB) under LUPAA is available in a flowchart on the Commission's website.
Background
This draft SPP amendment is related to the SPPs Review. As part of that Review, an Action Group 1 project has commenced preparing batches of SPPs amendments to address stand-alone or well resolved issues such as operational matters and clarifying and improving requirements.
The draft amendment 03/2024 is part of progressing the SPPs Review Action Group 1 project.
The SPPs are the statewide set of consistent planning rules in the Tasmanian Planning Scheme (TPS). The SPPs came into effect on 2 March 2017.
A comprehensive review of the SPPs commenced in March 2022 as part of the 5-yearly statutory review required under the LUPA Act. The scoping consultation for the SPPs Review identified a variety of strategic and technical issues for investigation through 163 submissions.
The SPPs Review work program categorises issues into Action Groups and projects for preparation of SPPs amendments or for issues that require further investigation.
The Action Group 1 project has commenced preparing batches of SPPs amendments to address stand-alone or well resolved issues such as operational matters and clarifying and improving requirements. This draft amendment to the SPPs has been identified as part of the Action Group 1 project, to correct a number of clerical errors and inconsistencies, clarify the requirements, and align with changes to legislation in response to submissions by stakeholders, including local councils, State agencies and authorities, and others involved in the operation of the SPPs.
Lifecycle
Minister issues Terms of Reference, Status: Complete
The Minister for Planning has issued terms of reference (PDF 233.6 KB) for amendment 03/2024 of the State Planning Provisions (SPPs), proposed as a minor amendment of the SPPs.
Draft amendment prepared, Status: Complete
Draft amendment 03/2024 will make any necessary amendments of the SPPs to:
- clarify the operational requirements relating to the Use Class for Domestic Animal Breeding, Boarding or Training,
- clarify the assessment of an application for discretionary use or development,
- clarify operation of an exemption and remove potential inconsistencies related to vegetation removal approved under a forest practices plan
- align the SPPs with Planning Directive No. 10 – Exemption for Display Homes (PD10) that the former Minister for Planning determined.
- clarify operation of the Attenuation code.
The Tasmanian Planning Commission (Commission) must give the Minister advice on whether draft amendment 03/2024 meets the criteria for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPA Act) before a minor amendment of the SPPs can be made.
A draft amendment to the SPPs that meets the minor amendment criteria does not require public exhibition.
After considering the Commission’s advice on whether draft amendment 03/2024 meets the criteria for a minor amendment of the SPPs under the Land Use Planning and Approvals Act 1993 (LUPA Act) the Minister will determine whether to make amendment 03/2024 as a minor amendment of the SPPs.
More information on the preparation and assessment of draft SPPs amendments process under LUPA is available in a flowchart on the Commission's website.
Minister makes SPP Amendment, Status: Complete
After considering the Commission’s advice on whether draft amendment 03/2024 meets the criteria for a minor amendment of the SPPs under LUPAA, the Minister determines whether or not to make amendment 03/2024 as a minor amendment of the SPPs.
More information on the preparation and assessment of draft SPPs amendments process under LUPA is available in a flowchart on the Commission's website.
After considering the Commission’s advice, the Minister has determined to make amendment 03/2024 as a minor amendment of the SPPs, in accordance with the Terms of Reference.
The minor amendment 03/2024 of the SPPs is in effect from 25 December 2024. The amendment applies in council areas where the Tasmanian Planning Scheme is in effect.
Check for the Commission’s advice and reasons on the Tasmanian Planning Commission website via the link below.
The Minister’s reasons for determining to make the minor amendment and the amendment are available below.