State Planning Provisions review

SPP review | Statewide

The Improving Residential Standards recommendations final report has been released.

What is this about?

Every five years, the Land Use Planning and Approvals Act 1993 (LUPAA) requires a broad review of the State Planning Provisions (SPPs), part of the Tasmanian Planning Scheme (TPS).

This is the first major review of the SPPs. The scope of the review is wide, and includes all of the rules in the SPPs. The purpose of the review is to help identify:

what is working well
what isn’t working well
possible gaps in the administrative requirements
areas for improvement, and
provisions that may require amendment.

The State Planning Office is undertaking the review, in consultation with the public and key stakeholders. You can have your say on the scoping paper for the review. Feedback received will inform the next step, which is to create action groups to tackle key themes or issues emerging from the consultation. The SPPs Review Action Groups will lead to:

amendments to the SPPs
projects to analyse issues in more detail
options for improved planning guidance to help people better navigate the planning system, or
identify where no SPPs amendment is an appropriate response to issues raised.

The general approach of allocating issues into Action Groups, and then into projects within the Action Groups, breaks the SPPs review into manageable portions that can be actioned in a logical and efficient sequence.

The 7 Action Groups and the associated projects are located below.

More information on allocation of issues to action groups is available in the SPPs Review Issues Scoping Consultation Report and the report’s Appendix 1—Summary of Issues and Responses.

Under the Action Groups, projects have been identified to analyse complex issues and inform draft SPP amendments or other actions. Each project will be progressed separately, addressing the most commonly used provisions and urgent issues first. The rest will be staggered, based on available resources and consultation strategies. All projects initiated through this review are listed below.

All projects will involve ongoing targeted consultation. A number of projects will conclude with the drafting of SPP amendments for independent review and exhibition by the Tasmanian Planning Commission. This will provide members of the public another opportunity to have a say in shaping the Tasmanian Planning Scheme.

What is not included?

This review focuses on the rules and administrative requirements of the SPPs. The scope of the review does not include:

Local Provisions Schedules or where zone and codes are applied (this is the role of councils)
Regional Land Use Strategies
State Policies or
the broader planning framework within the LUPAA and associated legislation.

Who is involved?

The SPO has the lead role in this project, and the Tasmanian Planning Commission assesses the review findings. Public consultation occurs at several steps in the process.

How long will it take?

Allocating the issues raised through the scoping consultation into Action Groups and Projects has helped to identify a balanced work program to the end of 2024. Remaining aspects will be reconsidered after that.

The time frames for each individual project will vary depending on the matters being considered. Some projects will also be subject to other government initiatives or reviews, for example, the finalisation of the Tasmanian Planning Policies.

Background

The SPPs are a set of planning rules in the Tasmanian Planning Scheme (TPS) that apply consistently across all councils. They contain the written rules for 23 zones and 16 codes, the administrative and general provisions as well as exemptions. They are used to assess applications for planning permits.

It is a statutory requirement that the SPPs are reviewed every five years. Regular review is not only required by legislation but also represents best practice. This review will be followed by another SPP review once the Tasmanian Planning Policies (TPPs) take effect. The subsequent review will be a one-off targeted review to ensure the SPPs are consistent with the newly implemented TPPs.

Lifecycle

Have your say on the scope of the review
State Planning Office

The State Planning Office asked for public input on the following documents as part of this review.

SPP Review Scoping Paper May 2022

Supporting material

Step 2. Consider the following questions

Which parts of the SPPs do you think work well?
Which parts of the SPPs do you think could be improved?
What improvements do you think should be prioritised?
Are there any requirements that you don’t think should be in the SPPs?
Are there additional requirements that you think should be included in the SPPs?
Are there any issues that have previously been raised on the SPPs that you agree with or disagree with?
Are there any of the issues summarised in the Review of Tasmania’s Residential Development Standards – Issues Paper that you agree or
disagree with?

Step 3. Submit your feedback

You can have your say by posting or emailing your written submission to the State Planning Office. Submissions must be received by our Office before close of business on 29 July 2022.

Postal address:
State Planning Office
Department of State Growth
GPO Box 536
Hobart TAS 7001

Email address:
spo@stateplanning.tas.gov.au

Review of submissions
State Planning Office

The State Planning Office held a public consultation from 25 May to 12 August 2022. After the consultation period closed, numerous late submissions were accepted upon individual request, until early September 2022. The consultation is now closed.

All 163 submissions made during the public consultation period are listed below. Following the first examination of all the submissions received, a short report summarising the issues raised was released.

SPP Scoping Review - Summary of key issues

Submissions summary

Submissions received

These submissions will inform a more detailed consultation report as the next step and help shape the review process and any future amendments or projects for further research and consultation.

Preparing the consultation report
State Planning Office

The State Planning Office has released its Consultation Report on the SPP Review. The report explains how the submissions have informed the first five yearly review of the SPPs through analysis of the issues raised, how they were sorted into 7 Action Groups and identifies the projects within each group.

Appendices to the report includes:

a summary of the issues raised
proposed responses through Action Groups and projects
a summary of the SPPs Review work program.

The consultation report is available below.

SPP Review Consultation Report June 2023

Appendix One ((PDF 606.9 KB)) to the consultation report contained a summary of issues and responses.

Appendix Two ((PDF 100.6 KB)) gives a full list of the Action Groups and the projects included within them.

Appendix Three ((PDF 134.3 KB)) gives the project brief for the first project to start, the Improving Residential Standards in Tasmania project.

Establishing action groups and projects
State Planning Office

The feedback provided during the consultation informed this phase of the review. Due to the broad range of matters raised, a series of action groups with a particular type of response have been created. For example, some straight-forward matters may be addressed in the short term through SPP amendments. Other matters may need to wait until other reviews, reforms or initiatives are complete before they can be progressed, for example the implementation of the TPPs or the Local Government Review.

The 7 action groups are detailed below.

Project progress and outcomes
State Planning Office

The SPP Review established a variety of projects to improve the SPPs. This included:

Improving residential standards
Operation of hazard codes review
Landslip hazard mapping and landslip hazard code update
Parking and sustainable transport code update
Strategic flood mapping project implementation
Signs code review
Attenuation distances in attenuation code review
Landscape conservation zone operation and implementation review
Scenic protection code review
Local historic code review
Natural assets code and provisions for vegetation and natural values management review
Aligning council roles and infrastructure contributions

As individual projects start, they will get their own Have Your Say page. For example, recently started projects include an amendment to the hazard code.

Action Groups and Projects

The following lists all projects identified as part of this review. Find out more about their scope, priority, expected time frames and outcomes as well as who is involved below.

Action Group 1

For the first round of stand-alone SPPs amendments for issues that can be more easily actioned.

Action Group 1 - SPP Amendments

A group of SPP amendments is being prepared to address stand-alone or well resolved issues such as operational matters and clarifying and improving requirements.

The State Planning Office is working on about 30 topics with the assistance of council planners as the main implementers of the planning scheme, to develop draft SPPs amendments. The resulting draft SPPs amendments will follow the SPPs amendment process set out in the Land Use Planning and Approvals Act 1993. This process includes public consultation, public hearings, and independent review by the Tasmanian Planning Commission. Draft SPPs amendments will continue to be prepared, consulted on and lodged with the Tasmanian Planning Commission for assessment during 2024.

Draft amendments that have started the formal amendment process and which have become their own standalone projects are listed in the boxes below.

SPP Amendment 05/2024 – Agriculture Worker Accommodation - to improve the requirements for approving agricultural worker accommodation in the Rural Zone and the Agriculture Zone, including providing a 'Permitted' approval pathway.

SPPs Amendment 01/2024 – Hazard codes - to clarify operation of exemptions in hazard codes for coastal erosion, coastal inundation, landslip.

SPPs Amendment 03/2024 – Minor amendments - to correct clerical errors, update references to legislation, clarify several operational requirements, and align with the SPPs with Planning Directive No. 10 – Exemption for Display Homes.

SPPs Amendment 02/2023 – Minor amendments - to correct clerical errors and remove inconsistencies between the SPPs and other legislation – now effective.

Action Group 2

For more complex issues that require further investigation or a research project.

Improving Residential Standards in Tasmania

Summary

The Improving Residential Standards in Tasmania project (the project) is part of the State Planning Provisions (SPPs) Review, under Action Group 2. The project is in response to the:

issues raised on residential standards
best practice planning principles generally
specific standards in urban residential zones.

The project will consider improvements to the residential use and development standards in the following urban zones:

the three main urban residential zones - General Residential Zone, Inner Residential Zone and Low Density Residential Zone; and
the mixed use/business zones - Urban Mixed Use Zone, Local/General/Central Business Zones The project will engage an external consultant to provide recommendations

A related project is the Department of State Growth's Medium Density Residential Guidelines project.

The Improving Residential Standards in Tasmania project now has its own page on the website. You can find more detailed information and all the documents there.

Review of subdivision standards

Summary

This project will consider improvements to the development standards for subdivision, incorporating relevant requirements from the Local Government (Building and Miscellaneous Provisions) Act 1993 (LGBMP Act). The State Planning Office will work in partnership with Local Government Association of Tasmania (LGAT).

Project scoping commenced in September 2023.

The next steps will be developing a project brief and engaging a consultant to assist with preparing subdivision guidelines and making recommendations about improvements to the subdivision standards in the SPPs and incorporating relevant parts of the LGBMP Act. The project will involve consultation with key stakeholders in the early stages to assist with research and analysing issues, then broader public consultation on draft subdivision guidelines and recommended improvements to the SPPs.

The project will result in publication of subdivision guidelines and preparation of draft SPPs amendments.

General Review of Hazard Codes

Summary

The project considers improvements to the operation of the hazard codes. These include the Coastal Erosion Hazard Code, Coastal Inundation Hazard Code, Flood-Prone Areas Hazard Code, and Landslip Hazard Code, which all have a similar risk-based approach to their operation.

Work on the technical mapping components for the Landslip Hazard Code and Flood-Prone Areas Code and consequent review of the operation requirements in these codes will likely generate a broader review of the operation of the hazard codes.

Landslip hazard mapping update and review of Landslip Hazard Code

Summary

The State Planning Office (DPAC) and Mineral Resources Tasmania (MRT) are working on a joint review of the mapping used in the Landslip Hazard Code in the SPPs.

MRT has completed the first stage of technical updates to its Landslide Planning Map and these were open for consultation. Consultation included holding workshops for local councils and state agencies in November 2023 to provide feedback on the proposed changes.

Public consultation on the proposed changes to the technical Landslide Planning Map took place between February and May 2024, and the updates to the mapping are almost complete. To check that the mapping remains true to the intended purpose, it is being independently peer reviewed, which should be complete by the end of 2024. In the meantime, MRT has released the draft mapping to councils, and others with the technology for use in GIS systems format.

Once complete, it is intended that the technical Landslip Planning Map will inform updates to the landslip hazard areas mapping for application of the Landslip Hazard Code. It is likely that development of revised landslip hazard areas mapping may also involve review of the operation and requirements of the Landslip Hazard Code.

MRT's draft landslide planning maps for use in GIS systems, technical and guidance information can be downloaded from the MRT website.

Review of Parking and Sustainable Transport Code

Summary

The State Planning Office (SPO) in partnership with Department of State Growth is considering improvements to the Parking and Sustainable Transport Code, including improved requirements for car, motorcycle and bicycle parking and end of trip facilities.

Project planning has commenced with the SPO and Department of State Growth developing a project brief. A consultant may be engaged to provide recommendations on improvements to the Parking and Sustainable Transport Code.

Implementation of the Tasmanian Strategic Flood Mapping Project (TSFMP) and review of Flood-Prone Areas Code

Summary

The State Planning Office and the State Emergency Service (SES) are working on a joint review of the mapping used in the Flood-Prone Areas Hazard Code in the SPPs.

This project will update statewide flood-prone area mapping and include a new Flood-Prone Areas Hazard Code, which integrates with the Coastal Inundation Hazard Code.

Base data has been prepared by SES as part of the strategic flood studies for the Tasmanian Flood Mapping Project. See SES website for more information. The Tasmanian Strategic Flood Mapping Project (TSFMP) will inform updates to the flood-prone hazard areas mapping for application of the Flood-Prone Areas Hazard Code.

The next step by the SES will be preparing mapping in a format suitable for use in the planning scheme. Further scoping of this project will follow, after technical updates to SES’s flood mapping are complete.

Updates on next steps will be provided here as project planning progresses.

Flood Risk Management - Tasmania State Emergency Service (ses.tas.gov.au)

Review of Signs Code

Summary

This project will consider improvements to the operation of the Signs Code. It is expected to commence after the approval of all Local Provisions Schedules.

Review of Attenuation Code

Summary

This project will consider improvements to the operation of the Attenuation Code. It is expected to commence after the approval of all Local Provisions Schedules.

Review of Landscape Conservation Zone

Summary

This project will consider improvements to the Landscape Conservation Zone, including the general operation of the zone requirements and application of the zone in Local Provisions Schedules.

This project is expected to commence after approval of all Local Provisions Schedules.

Review of Scenic Protection Code

Summary

This project will consider improvements to the Scenic Protection Code, including the suggested revised code included in the submissions from the SPPs Review scoping process.

This project is expected to commence after approval of all Local Provisions Schedules.

Review of Local Historic Heritage Code

Summary

This project will consider improvements to the development standards in the Local Historic Heritage Code.

This project is expected to commence after approval of all Local Provisions Schedules.

Action Group 3

Issues for actioning after the Tasmanian Planning Policies are made.

Broad review of the SPPs for consistency with approved TPPs

Summary

The State Planning Office will undertake a general review of the State Planning Provisions for consistency with the TPPs, in line with legislative requirements.

This project is expected to commence after approval of the TPPs.

Review of Natural Assets Code and the provisions for vegetation and natural values management

Summary

Submissions to the State Planning Provisions (SPPs) Review identified the need to review how vegetation and natural values are treated in the SPPs, including in the Natural Assets Code. Some Councils have also identified this during the process of creating their Local Provisions Schedule (LPS).

Since the Code was first implemented, the Tasmanian Planning Policies have been drafted. These give detailed policy positions on environmental values, in particular section 2.0 Environmental Values. Once completed, these will provide a solid basis to commence the review process.

State Planning Office has the lead role, and will consult widely on proposed changes. This project is expected to commence after the TPPs have been made.

Review for alignment with council roles and legislation for infrastructure

Summary

This project will consider improvements to the State Planning Provisions (SPPs) to better align with council roles and legislation for infrastructure, including infrastructure contributions and requirements for stormwater management.

Action Group 4

Issues subject to other government initiatives that are expected to result in recommendations for change, or provide a broader investigation of the issue.

Review of the Aboriginal Heritage Act 1975

The Government is reviewing the Aboriginal Heritage Act 1975. Once this review is complete. there may be changes needed to the Tasmanian Planning Scheme.

More information about the review process.

Review of Reserve Activity Assessment process

The Government is reviewing the Reserve Activity Assessment process. Once this review is complete. there may be changes needed to the Tasmanian Planning Scheme.

Renewable Energy and Climate Change projects

Some projects conducted by Renewables, Climate and Future Industries Tasmania (ReCFIT) and the Department of State Growth may inform any amendments to the State Planning Provisions (SPPs) for the assessment of renewal energy developments and further responses to climate change.

Action Group 5

Issues outside the scope of the State Planning Provisions Review - No SPP amendments proposed

Issues outside the scope of SPPs review

Examples from this group included:

Changes to Interim Planning Schemes or Local Provisions Schedules including reviewing zone application to support the interests of specific land owners or industries, drafting of special provisions in an LPS, or mandatory application of certain codes
Changes to the LUPA Act, or to processes governed by any other Act including: timeframes, public consultation, appeal rights, the SPPs amendment process, establishing and maintaining electronic copies of planning instruments, and reviewing actions by statutory management authorities
Provisions to force improvements or maintenance to an existing building
Development of new mapping or other digital spatial modelling tool (Digital Twin) technology for use in the planning system.

Action Group 6

Non statutory measures for improving State Planning Provisions (SPP) guidance - No SPP amendments proposed.

New Planning in Tasmania website

You're reading it.

The new website was designed to provide greater information resources to improve understanding of the Tasmanian planning system. This includes detailed information of the Tasmanian Planning Scheme and State Planning Provisions, and direction to other specialist guidance information published by other organisations.

Improved guidance and background information on the SPPs

This project will provide improved guidance and information on the State Planning Provisions to assist with interpretation and implementation. Commencing during 2023, guidance material will be developed and improved over time.

Development Manual project

This project is being prepared by the Local Government Association Tasmania (LGAT) with funding support from the State Planning Office. It will provide a broader range of design guidance for development in Tasmania, including subdivisions, and to provide further assistance to council planners for consistent planning assessments and standard permit conditions

Design Guidlines for Medium Density Residential Development

Being prepared by Department of State Growth under the Greater Hobart Plan, ERA Planning and Environment (ERA) has been engaged to prepare guidelines for a variety of residential developments, including apartments, with input from key stakeholders.

While not intended to be a regulatory document, the Guidelines will help to inform the Improving Residential Standards in Tasmania Project, which is currently investigating improvements to all urban residential use and development standards in the State Planning Provisions.

The Draft Medium Density Design Guidelines are open for consultation from 15 July to 6 September 2024. Visit the State Growth website to view the documents.

Action Group 7

Issues that initial assessment has determined do not need action – No State Planning Provisions amendment proposed.