Huon Valley Council, Tasmania
Huon Valley Council, Tasmania

Huon Valley Draft Interim Planning Scheme 2014

Background to preparation of the new Planning Scheme

Council is required to prepare a new planning scheme for the Huon Valley municipal area as part of a major State-wide planning reform process.  A summary of the main steps for this process are shown on the diagram below.

This will result in Council’s current 3 planning schemes being replaced by a new interim planning scheme that is being prepared. A copy of the proposed new interim scheme and its maps are available from the links below.

Timeframe for operation of new interim planning scheme

The Council received information from the planning Minister in June that following the appointment of the Planning Reform Taskforce in May 2014, steps are actively being taken by the government to complete implementation of the interim planning schemes in southern Tasmania.

The Minister has indicated that following proposed changes to the planning legislation the formal steps to implement the Council’s interim planning scheme will be taken. Whilst a specific timeframe has not been set it is expected that following these changes the new interim planning scheme will commence within the next 3-6 month period and therefore will operate from then.

It is not known at this point whether some of the current processes as outlined below will also be altered by the Minister as a result of the proposed legislative changes, for example, the way public hearings about the new planning schemes are arranged. 

Tasmanian planning reform and Regional Planning Project

Planning reform in southern Tasmania is part of the Southern Tasmanian Regional Planning Project (Regional Planning Project). This Regional Planning Project is being co-ordinated by the Southern Tasmanian Councils Authority for the twelve southern councils in their role as planning authorities.

The planning reform process and the process for the creation of new planning schemes is governed by the Land Use Planning and Approvals Act 1993 legislation.

Southern Tasmanian Regional Land Use Strategy

The Southern Tasmania Regional Land Use Strategy 2010 -2035 forms part of the Regional Planning Project.  Planning schemes are required to be consistent with, and are to further the objectives and outcomes of regional land use strategies.

The strategy was formally declared a regional land use strategy for southern Tasmania by the planning Minister in 2011. Following consultation with southern Tasmanian councils, this strategy was amended in October 2013

Council’s draft Interim Planning Scheme

When finalised as a new planning scheme, the Huon Valley Draft Interim Planning Scheme 2014 (draft Interim Planning Scheme) will further the;
•    Huon Valley Land Use and Development Strategy endorsed by Council in 2007;
•    Southern Tasmania Regional Land Use Strategy 2010 - 2035 prepared as part of the Regional Planning Project.

Also, the draft Interim Planning Scheme will during the next stages of the process replace the;
•    Huon Planning Scheme 1979,
•    Port Cygnet Planning Scheme 1988, and
•    Esperance Planning Scheme 1989.

Drafting of planning schemes and common and local provisions

A formal planning directive has been issued to councils in relation to how planning schemes must be drafted. This is: Planning Directive No 1; Format and Structure of Planning Schemes (2014).

All Tasmanian planning schemes are required to have mandatory common provisions and may apply optional common provisions. Planning schemes can include local provisions which do not conflict with mandatory common provisions or with optional common provisions within a scheme. Further information about these provisions is available here.

Further planning information

Further Information about the planning reform project is available from the Tasmanian Planning Commission (Commission) website  and Southern Tasmanian Councils Authority website.

The draft Interim Planning Scheme and its proposed planning zone information and overlay maps are available for viewing at Council’s Customer Service Centre and the links to the maps below. 

Preparation of the draft Interim Planning Scheme

As part of the initial preparation of the draft Interim Planning Scheme some informal consultation sessions were held from November 2012 to December 2012. A further round of public consultation also occurred in June / July 2013. The outcomes of these informal consultation phases have been considered as part of the preparation of the draft Interim Planning Scheme.

Implementation process for the draft Interim Planning Scheme

The following diagram shows a summary of the way new interim planning schemes are created and how they become new planning schemes. Until the steps in the diagram are commenced and a declaration is made by the Minister in relation to the draft Interim Planning Scheme it does not take effect.

Commencement of the implementation process

As part of commencing the formal implementation process for a new planning scheme, the Council endorsed and adopted the current version of the draft Interim Planning Scheme on 19 February 2014. The Council also requested the then Minister for Planning to declare it as an Interim Planning Scheme. This part of the process is shown on the following diagram.

Declaration of the draft Interim Planning Scheme

After a declaration is made by the Minister which is expected in the short term, other formal steps shown in the above diagram will follow.

The effect of the declaration will be that the Council’s current planning schemes in operation immediately before the date the declaration is effective from will cease except for the finalisation of assessments of applications that have already been lodged with the Council by that date.

Therefore, after the date of the declaration, the new draft Interim Planning Scheme will apply to the Huon Valley municipal area. When the other formal steps have been completed the draft Interim Planning Scheme will become the Council’s new planning scheme.

Exhibition of the draft Interim Planning Scheme

After the declaration is made a formal two month public exhibition period will commence when representations (ie; feedback/comments) can be made by the public about the proposed planning scheme. The Council will then report to the Commission on the representations it receives.  More information about this process will be included on the website in the lead up to the exhibition period.

Hearings

Following the public exhibition period, the Commission will be make arrangements for hearings to be held for an assessment of the draft Interim Planning Scheme and the representations that have been made.

The Commission will then report and make recommendations to the Minister on the common provisions in the draft Interim Planning Scheme. Modifications to the proposed scheme may be required as a result of this process.

Further information

Council’s Planning Unit is happy to provide further details on the draft Interim Planning Scheme and discuss any issues.  Council invites you to schedule a meeting by contacting Council’s Customer Service Office on (03) 6264 0300.

Useful links

Huon Valley Draft Interim Planning Scheme 2014
Huon Valley Draft Interim Planning Scheme 2014 maps
Tasmanian Planning Commission
Southern Tasmanian Regional Land Use Strategy
Southern Tasmanian Councils Authority

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