Please find a copy of the amended Planning Scheme for our area here: Break ODay Interim Planning Scheme 2013 – February 2021 This amended version will now be used to assess all applications received after 22 February.
The amended Planning Scheme is a result of the State Government’s Interim Planning Scheme Directive (IPD No:4).
An IPD provides for a draft planning directive to have interim effect while it is being formally assessed by the Tasmanian Planning Commission.
- Zoning and Planning Schemes
- Applying to do works on your property
- Fences- Do I need a permit to build a fence?
- Caravans - Do I need a Caravan Licence?
- Visitor Accommodation
- Tree Removal
- Soil and Water Management for Construction Sites
To check the zone of a property please refer to the LIST map by clicking here.
Break O’Day Interim Planning Scheme 2013
Click to view a copy of the Break ODay Interim Planning Scheme 2013 – February 2021
Please give our Planning Department a call if you have a question.
If you want to undertake any works on your property whether it is removing trees, putting up a shed, building a deck or an extension, you need to give us a call first to check what requirements, if any, are needed. This will save you time, money and distress later if these works fail to comply with the relevant State guidelines.
We can walk you through the processes and will endeavour to make it as easy as possible for you.
You can download an application form (DA APPLICATION 2017) but there are other things we may like you to add to your application to make sure it is valid like a complete Certificate of Title including the Schedule of Easements. So to save time, make sure you have everything ready before you apply.
This will depend on the height and materials used to build the fence.
Basically the following fences will NOT require a permit
- A solid front fence or a side fence within 4.5m of the front boundary that is 1.2m high
- A colorbond or timber back or side fence that is 2.1m high that is not within 4.5m of the front boundary.
Fences outside the specifications listed above, including solid fences above 1.2m, may require Council approvals so give us a call and we can walk you through what you need to do.
Do I need to let my neighbours know I am building a fence and do they have to pay half the cost?
You can find some great information from Legal Aid here around what you and your neighbours’ obligations are.
For more information on the regulations around building a fence you can find the Boundary Fences Act 1908 here.
NB: Council does not get involved in disputes between neighbours. If you need advice we recommend that you call Legal Aid, a free legal advice service on 1300 366 611
The Break O’Day Council has a Caravan By Law.
This By-Law requires you have a permit for keeping a caravan on your property that is not your principle place of residence.
How do I apply for a Caravan Licence?
If a Caravan Licence is required, an Application Form for a Caravan must be completed and returned to us along with the required licensing fee. You can find the application form here.
For more information please contact our Planning Department on 6376 7900.
If you are considering using your property for short-term stay or Air B n B style accommodation the below pdf offers some advice on exemptions and standards for visitor accommodation.
If your dwelling is over 200m², you will need to contact us.
You can also find more information here.
Do I need permission to lop or remove a tree on my land?
Contact Council prior to the removal of any standing native vegetation as you may require a planning permit and qualified assessment. While there are some exemptions for landscaping and management within a garden, it is best to contact Council first.
While you may not require a permit if the trees are a risk or diseased you will still need to have the removal certified by a qualified practitioner and evidence supplied to Council before removing the tree.
If you are removing a tree or trees as part of a development application and/or bushfire plan you will need to show the locations of the tree or trees on your site plans. Council officers will assess the removal of the trees as part of the Development Application.
NOTE: There is no vegetation removal allowed in the Landslip area without prior approval of Council’s Permit Authority. Please contact us to discuss further.
Clearing large numbers of trees
If you are clearing more than one hectare of trees or 100 tonnes of timber for any purpose and the trees are over five metres high or tree ferns are also being removed, you will need a Forest Practices Plan (FPP) as required under the Forest Practices Act.
Clearing or modifying threatened species habitats
If the vegetation (or other habitats) you wish to manage affect significant flora, fauna or vegetation you may also be required to obtain a permit under the Tasmanian Threatened Species Protection Act (TSPA) and the Australian Environment Protection and Biodiversity Conservation Act 1999 (EPBC).
Can I get a tree lopped or removed from my neighbour’s property?
Councils do not get involved in negotiations between neighbours regarding trees. It is up to the neighbours to work out a mutually acceptable solution. In 2017 the State Government developed a Neighbourhood Disputes About Plants Act which you can find here. If you need legal advice we recommend contacting Legal Aid, a free legal service on 1300 366 611.
Can I get a tree lopped or removed from Council land?
You will need to submit a written request to us, stating where the tree is and what the issue is. Someone from Council will then inspect the tree and if a decision is made that the tree is unsafe or diseased, we will organise to remove it.
Can I object to a tree being removed?
You can object to, and appeal Council’s decision to remove a tree if:
- A planning permit is required to remove a tree and the application is advertised, or
- The tree or trees are part of a larger development proposal which is advertised.
If you would like to lodge a representation against or in support of an application they must be mailed or delivered to:
The General Manager
Break O’Day Council
32-34 Georges Bay Esplanade
St Helens TAS, 7216
or emailed to:
email@example.com and referenced with the DA No. All representations must be received prior to 5pm on the day the advertising closes.
For further details, please contact Council’s Planning Department on 03 6376 7900.
If you wish to appeal Council’s decision, you must have already lodged an objection within the specified time and have submitted your appeal to the Resource Management and Planning Appeal Tribunal (RMPAT) within 14 days of receiving notice of Council’s decision.
What about tree roots and drains?
Tree roots can cause damage to buildings, footpaths, fences and pipes. The Local Government Act 1993 says that councils: “by notice in writing served on the owner or occupier of land, may require the owner or occupier to cut the roots of a tree or bush, the roots of which are interfering with any building or structure on or under other land.” (part 12, Section 184).
Pouring herbicides down blocked drains is illegal as well as dangerous and harmful. Sewage and stormwater drains end up in in our rivers, estuaries and the sea where we swim and fish.
You can find out where the drains and pipes on your property are before planting trees as well as species of trees to avoid planting near drains. If you would like more information give us a call on 6376 7900 or use our contact form.
The soils, waterways including bays, lagoons, rivers and the coastlines, are critical natural resources that residents and visitors enjoy and their health and productivity underpins our local economy and thriving community.
Throughout building and construction activities it is important to adopt best practice soil and water management measures onsite to protect our natural resources. Exposed soils are easily washed away during rainfall events, polluting to local waterways. Large amounts of sediment in waterways are harmful to aquatic organisms (i.e. fish, plants), and can silt up streams and block stormwater pipes leading to increased flooding and further erosion. Sediment also often transports other pollutants such as oils, heavy metals and hydrocarbons from building and construction sites into local waterways.
Adopting best practice soil and water management measures will also help to:
- improve wet weather working conditions onsite,
- reduce stockpile losses,
- reduce clean up costs; and
- ensure greater compliance with appropriate regulations including state environmental laws, thereby reducing the risk of fines and other penalties.
Soil and Water Management Plans may be a requirement of development approvals. For more information on the Environmental Protection Authority (EPA) Guidelines for Soil and Water Management on Building Sites please see the EPA website.
Because we live in an area that features many diverse water catchment areas and coastal bays we are committed to reducing residential stormwater runoff.
In order to reduce the impact of stormwater flows on the land in our area, there are standard conditions we place on all planning permits for the construction of a new dwelling. These include:
- All building wastes are to be removed to the appropriate waste disposal facility to prevent an environmental nuisance being caused outside of the works site.
- Works on the site must not result in a concentration of flow onto other property, or cause ponding or other stormwater nuisance.
We routinely place standard conditions on all planning permits for the construction of a new dwellings to reduce the impact of stormwater runoff and building wastes. These include:
All building wastes are to be removed to the appropriate waste disposal facility to prevent an environmental nuisance being caused outside of the works site.
Works on the site must not result in a concentration of flow onto other property, or cause ponding or other stormwater nuisance
These drawings and guidelines provide information on the minimum standards required by participating Tasmanian Councils for the design and construction of roads and utilities.
This document also outlines the process to be followed during the construction of civil works, audit inspections, practical completion of works, defects liability period and final take-over of the roads and civil works.
It is intended that this guide be used by developers, construction contractors, design/supervising engineers as well as Council officers and senior management.
Looking for the information on the development of our Local Provisions Scheme? You can find it here.
Looking for Development Services Forms? You can find them here.