Permits

About permits

Generally, planning approval is required if a person wants to

• start or change the use, or
• do a development

on their land. Permits are issued by the local council. It is an offence to proceed without the planning permit.

The planning scheme is the instrument under which a planning authority issues a planning permit. A planning scheme can categorise use or development as either:

• Exempt
• No permit required
• Permitted
• Discretionary
• Prohibited.

Any proposed use or development should be checked against the planning scheme to determine whether a planning permit is required. It is always wise to consult the planning staff at your local council.

Planning permit application forms are available from the relevant planning authority offices.

Applying for a permit

A permit is obtained by applying to the relevant planning authority (the local council).

An application for a planning permit comprises:

• a signed and completed application form
• a full description of the proposed use or development
• other requirements in 6.1.2 of the TPS
• any other information required by the planning authority.

A planning authority has 14 days (Permitted) and 21 days (Discretionary) to ask the applicant to provide additional information before it considers the application. If this occurs, the ‘clock stops’. The time frame for approval does not run while the request for information is being answered.

An applicant may appeal to the Tasmanian Civil and Administration Tribunal (TASCAT) against a requirement of a planning authority for additional information.

Approval processes

If your application is for a Permitted use or development, and you can meet all the relevant Acceptable Solutions in the Use Standards, you will be issued a permit within 28 days. If your application is Discretionary, the outcome will be within 42 days, and the steps outlined below apply.

The Discretionary category applies where:

• the use is Discretionary in a zone Use Table
• the application relies on the Performance Criteria.

Stages in the process

• Lodgement
  • Development application lodged with the council
  • Application must contain all information required under Clause 6.1.2 of the TPS to be valid.
• Invoicing
  • Council determines if development is Exempt, No Permit Required, Permitted, Discretionary or Prohibited
  • Council issues invoice within four business days of determining validity and status
  • Statutory time clock for assessment starts once the invoice is paid.
• Referrals
  • Some applications are referred to other entities for assessment including TasWater on water and sewerage matters, the Tasmanian Heritage Council for State listed heritage places and the Environment Protection Authority (EPA) for a Level 2 Activity under the Environmental Management and Pollution Control Act 1994
  • Referrals to the Tasmanian Heritage Council and the EPA may have extended assessment timeframes.
• Additional information requests
  • Council may request additional information to determine if the application complies with TPS requirements
  • Requests for additional information must be within 14 calendar days of lodgement for Permitted applications or 21 calendar days for Discretionary applications.
• Public exhibition (Discretionary only)
  • Discretionary applications must be publicly exhibited for 14 calendar days
  • During the exhibition period, any person can make a submission (representation) on the application
  • The local council must consider the representations when making its decision
  • Only matters relating to points of discretion will be considered to have merit.
• Decision
  • Council decides the application within 28 calendar days of lodgement for a Permitted application and 42 calendar days for a Discretionary application, not counting any period during which an additional information request was made and satisfactorily satisfied (the stop clock period)
  • For a Permitted application, the council must issue a planning permit (with or without conditions)
  • For a Discretionary application, the council has the discretion to approve with or without conditions, or refuse to issue a planning permit.
• Appeal
  • The applicant and any person who made a representation (Discretionary applications only) may appeal the council's decision to the TASCAT within 14 calendar days of being notified of the decision.

Assessment of a permit application

In determining an application for a permit, a council must:

• seek to further the objectives of the Resource Management and Planning System
• take into consideration all applicable standards and requirements in the TPS
• if a Discretionary application, consider any representations that are made during the public exhibition period.

Environmental impacts

The planning authority should consider what level of activity (defined under Section 3 of the Environmental Management and Pollution Control Act 1994) the use or development must be categorised under.

There are Level One and Level Two activities.

The planning authority is responsible for assessing environmental effects for Level One proposals.

Level Two activities (defined in Schedule 2 of the Environmental Management and Pollution Control Act 1994) must be referred to the Environmental Protection Authority (EPA) for a formal impact assessment. If assessed by the EPA, they may direct the planning authority to include conditions on the permit or direct them to refuse the permit. EPA direction must be followed. More detailed information about the EPA process is available here: Assessment Process | EPA Tasmania.

Heritage issues

The planning authority should identify if the property is on the Tasmanian Heritage Register administered by the Tasmanian Heritage Council. If so, the planning authority must refer the application to the Heritage Council.

• Heritage Tasmania – Getting Approval page
• Heritage Tasmania Process for seeking Works Approval - the assessment is combined with the council development application (DA) process

Granting permits

Usually, a permit takes effect on the day it is granted, unless there is a right of appeal.

Conditions or restrictions on a permit may also specify that it doesn’t take effect until a certain action is taken, for example, an agreement under Part 5 of the Land Use Planning and Approvals Act 1993 (LUPAA).

Where there is a right of appeal, the permit takes effect at the end of 14 days from the day that the notice of the granting of the permit was served on the person who has a right of appeal.

If the applicant is the only person with a right of appeal, the use or development may start before the expiry of the 14-day appeal period. The applicant must notify the planning authority of their intention to commence, and will forfeit their right of appeal in relation to the permit.

Where an appeal has been lodged, the permit does not take effect until the appeal has been resolved.

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