The planning approval process regulates 'use' and 'development' of land by assessing proposals against the Break O' Day Council Planning Scheme 1996 (Planning Scheme) and the State's planning legislation; Land Use Planning and Approvals Act 1993 (LUPAA). In particular the Planning Authority (Council) will examine the impact that the proposed development or use will have on the surrounding area.
What legislation regulates the planning permit process?
Planning and Development in Tasmania is regulated by a series of Acts, collectively known as the Resource Management and Planning System. These include;
There may be additional pieces of state legislation that may need to be considered when deciding on planning issues.
When do I need to get a planning permit?
You need to get a Planning Permit (also known as planning approval) from Break O' Day Council whenever you want to;
Almost all building works will require planning approval first. You can view the exemptions to the planning scheme, and if your proposal is not listed you will require planning approval.
The Planning Scheme details the types of uses and developments that require planning approval and what are exempt. View the Planning Scheme here.
You should always contact the Council to find out whether you need planning approval for any use or development you might be considering. Council will also give you advice on the information you will need to provide.
If your property is heritage listed, you will usually need to obtain approval for works from the Tasmanian Heritage Council and your local Council. For further information see Heritage Buildings or visit the Tasmanian Heritage Council website http://www.heritage.tas.gov.au/
How does the planning approval process work?
The onus is on the applicant to demonstrate compliance with the relevant scheme standards of the Planning Scheme, for further information on what sections will apply to your proposal view the Zones page here.
The Planning Scheme is divided into two columns of information for each standard; Acceptable Solutions and Performance Criteria.
The aim is to get your development proposal to meet all the Acceptable Solutions that are relevant. By meeting these for every relevant standard your application will be assessed as a Permitted Use Application (Section 58 LUPAA). By submitting a Permitted Use Application you will save time and money. The State wide average for approvals of Permitted Use applications is 16.3 days compared to the state wide average for Discretionary Applications approval of 31.7 days.
If your development is unable to meet a particular Acceptable Solution you can jump across to the right and address the Performance Criteria - The application must meet at least the Performance Criteria for each standard. If the application meets even one (1) of the Performance Criteria the application will be treated as a Discretionary Use Application by council. Under Section 57 (LUPAA) this application is then advertised for fourteen days, by way of letter to adjoining property owners, site notice and advertisement in the Local Government section of the Examiner Newspaper.
How do I apply for a planning permit?
To apply for a Planning Permit you must lodge an application with Council. See How to prepare a planning application here for further information on what is necessary to address the relevant Scheme Standards Planning Scheme.
Before you submit your application, you can talk with Council Planning Officers about your proposal. The our Officers will give advice on the relevant scheme standards for your proposal and any further information you require.
It may also be a good idea to discuss your proposal with neighbours, especially if the proposal will need to be advertised. Most neighbours appreciate the courtesy of being informed and it provides an opportunity to become aware of potential problems and perhaps sort them out before you are committed to a particular design.
What does it cost to apply for planning approval?
Break O' Day Council requires the prescribed fees to be paid at the time of submitting the application. See our Schedule of Fees here.
How long does planning approval take?
Legislation requires Councils to process applications within a maximum of 42 days but many applications take less time to process.
Processing times vary depending on;
Council is required to grant a permit, with or without conditions on any permitted use application within 42 days. This time frame can be extended by a written agreement between the applicant and the Council, and must occur before the 42 days expire. A 'Stop Clock' period can exist in this time where Council has requested further information from the applicant in order to process the application. Until the applicant responds to this request the clock is stopped.
The applicant must be informed by Council of their decision within 7 days of the permit being granted and an applicant has the right to appeal any conditions on the permit. Further information on appealing Council decisions can obtained from the Resource Management and Planning Appeal Tribunal website http://www.rmpat.tas.gov.au/
Council is required to make a decision on a Discretionary Use Application within 42 days also, during this time the application must be advertised allowing fourteen days for representations.
Council must consider any representations received and decide to refuse the application, approve it or approve it subject to conditions. The applicant may appeal the decision and anybody who has made representations may also appeal the decision.
If your application is straightforward you may not need professional assistance. However in many cases it is wise to seek professional assistance, especially where detailed drawings and/or site analysis is needed.
