Making and Amending Planning Schemes
Important information concerning the interpretations of legislation and other policies is contained in this page. It is recommended that the Disclaimer be read in conjunction with the information provided.
Planning Schemes are statutory documents that regulate or prohibit use or development of any land within a particular planning area. Planning schemes are required to further the objectives of the Resource Management and Planning System and must be in accordance with any State policies.
In most instances, before undertaking use or development, an application for a planning permit will be required. These applications are assessed against the relevant planning scheme and any other statutory requirements. Find out more about planning permits in 'Planning Permits and Appeals'
The Environmental Law Handbook, 2nd Edition, published by the Environmental Defenders Office is also a valuable source of information. It is available from their office at 131 Macquarie St, Hobart Ph: 6223 2770 or Email: edotas@trump.net.au and some major bookstores.
Reference is made throughout this template to the Guide to the Resource Management and Planning System. This pdf document is stored on the Resource Planning and Development Commission (RPDC) website.
1. How is use and development regulated?
2. What is a planning scheme and what does it do?
3. How is a planning scheme prepared?
4. Can I have a say in the preparation of a planning scheme?
5. Can changes be made to a planning scheme?
| 1. How is use and development regulated? |
Use and development is regulated by the Land Use Planning and Approvals Act 1993, which is a part of a suite of legislation known as the Resource Management and Planning System (the RMPS). The object of RMPS is the sustainable use and development of Tasmania's natural and physical resources. The Guide to the Resource Management and Planning System gives an overview of the RMPS in Chapter 3 (pp 6-7).
The Land Use Planning and Approvals Act 1993 contains a set of objectives focussed on 'sustainable development'. These objectives link this Act with other legislation associated with the RMPS. Some of the Acts that form the RMPS are listed below:
Environmental Management and Pollution Control Act 1994
State Policies and Projects Act 1993
Resource Planning and Development Commission Act 1997
Resource Management and Planning Appeal Tribunal Act 1993
Historic Cultural Heritage Act 1995
Major Infrastructure Development Approvals Act 1999
Additional pieces of state and commonwealth legislation may also apply, depending on the nature and location of any proposed development or use.
| 2. What is a planning scheme and what does it do? |
A planning scheme is the statutory control document for any given area of the State, usually coinciding with a municipal area. Most planning schemes consist of a series of maps that show the extent of the planning area and the zoning of the land, and a written document that sets out the standards that apply to any use or development. Generally, the text document sets out the provisions for use, development, protection or conservation of the land according to the zoning.
The Guide to the Resource Management and Planning System provides a detailed summary of the nature and purpose of planning schemes in Chapter 4 (pp 9-12).
Huon Valley Council currently has three (3) planning schemes operating in the municipal area. These are; The Esperance Planning Scheme (1989), The Huon Planning Scheme (1979) and The Port Cygnet Planning Scheme (1988).
The Huon Valley Council has developed one planning scheme that will cover the whole municipal area and it is expected that this will be in place in 2005. Please contact Councils planning section on telephone number (03) 62 64 8400 for more information relating to the specific planning schemes in place in the Huon Valley.
Under Section 20 (1) of theLand Use Planning and Approvals Act 1993 council planning schemes must:
- seek to further the objectives of the Resource Management and Planning System
- be prepared in accordance with State Policies and
- have regard to the strategic plan of council.
| 3. How is a planning scheme prepared? |
Preparing a modern planning scheme is a complex process. Many economic, social and environmental issues must be considered to ensure sustainable development is achieved.
The council must ensure the planning scheme complies with the objectives of the RMPS and the planning process established by Land Use Planning and Approvals Act 1993 .
Protection of Agricultural Land Policy 2000
Water Quality Management Policy 1997 and
All National Environment Protection Measures (NEPM's) .
Council conducts research, or engages consultants to prepare the necessary reports. The environmental, economic and social factors that may be investigated include:
- environmental constraints and areas of special significance or sensitivity which may require development control measures or protection
- population size, growth and age structure, and the likely changes to estimate future residential, commercial, industrial and agricultural needs
- economic and social analysis to assess the existing conditions and estimate future trends.
Informal consultation with residents' groups, various interest groups and government agencies may occur as part of the research.
The preparation of a planning scheme follows a process, in accordance with requirements of LUPAA. The council, the Resource Planning and Development Commission and the community are involved in this process which includes a period of public exhibition of a draft planning scheme to allow community input. The Guide to the Resource Management and Planning System explains the process of preparing planning schemes in Chapter 4 (pp 13-15).
The State Government, in association with the Local Government Association of Tasmania, has been working on a project known as 'Simplifying Planning Schemes'.
A 'Common Key Elements Template' has been adopted as a mandatory planning directive to councils setting out the structure and format for any new planning scheme. Follow the link given above for details.
| 4. Can I have a say in the preparation of a planning scheme? |
When developing or revising a planning scheme, many councils run informal workshops and community consultations to explain the process and get feedback on local community expectations for the area. Forums are usually advertised in the local papers and open to the public.
A draft planning scheme must be submitted to the Resource Planning and Development Commission for certification before the formal public process begins.
A formal consultation process is required under theLand Use Planning and Approvals Act 1993 (LUPAA). Sections 25 to 28 of LUPAA detail that process.
Section 25 of LUPAA requires the council to put the draft planning scheme on public exhibition for a period of two months. During the exhibition period, any person can make a representation to the council on the draft scheme.
At the end of that period, all representations must be sent to the Resource Planning and Development Commission (the Commission) along with a report from the council detailing:
- the merits of each representation
- its view as to whether modifications to the draft Scheme are needed as a result of the particular representations
- the impact of any such representations on the draft Planning Scheme as a whole
- any other recommendations the council considers necessary.
Under Section 27 of LUPAA, once the Commission has received the council's report, it must consider the report and hold a public hearing to allow each person who made a representation to speak to their representation, if they so wish.
Following the hearings and after consideration of all the submissions, the Commission may, under Section 28 of LUPAA modify or reject the draft planning scheme or require the council to do any specified part again.
If part of the scheme needs to be done again, the council is required to resubmit that section to the Commission, within a set period. It then has to go through the same certification, notification, hearing and decision process.
The Guide to the Resource Management and Planning System also explains the public exhibition (stage 2) of the planning scheme approval process in Chapter 4 (pp 14-15).
| 5. Can changes be made to a planning scheme? |
Yes. Under Section 33 of theLand Use Planning and Approvals Act 1993 (LUPAA) any person can ask the local council to amend its planning scheme.
A planning scheme amendment may seek to change all or part of the planning scheme, or alter the area covered by the planning scheme. The decision to commence (or not to commence) an amendment to a planning scheme rests entirely with the council.
The steps and stages involved in a planning scheme amendment are outlined in the Guide to the Resource Management and Planning System in Chapter 4 (pp 16-19).
Where a person has requested an amendment to a planning scheme they may also apply for a planning permit that would otherwise not be allowed. See 'Section 43A', of LUPAA as explained in the Guide to the Resource Management and Planning System in Chapter 4 (p 34).
Before you submit your request to Council it is wise to speak to Council's planning officers to discuss any proposed amendment and get information on what details you need to include.
Contact Councils Planning section on telephone number (03) 62 64 8400 to discuss any aspect of the Planning Schemes or any proposed amendments that you may wish to include.
- Cost of requesting a scheme amendment
- The cost of requesting a planning scheme amendment will vary from council to council.
There is a cost to members of the public for any planning scheme amendment. Please contact Councils Planning section on telephone number (03) 62 64 8400 to discuss the fees as they relate to your request.
