Planning Permit Exemptions

Some uses and developments are exempt from Planning Approval under the Break O'Day Council Planning Scheme 1996 (Planning Scheme). Although exempt from Planning Approval they may still require building approval, please contact Council on (03) 6376 7900 to check the situation for your proposal.

The following are exempt from planning approval provided they are carried out in accordance with relevant Scheme Standards of the Codes set out Clause 6 of the Planning Scheme.

• The preparation for and painting of buildings and structures not listed as heritage items or places in the Planning Scheme or on the Tasmanian Heritage Register.
• The removal or destruction of vegetation:
  

1. where required as part of fire management works, landscaping plan or plan for use and development approved as part of a permit granted under clause 4.5.1 (a); or
2. for fire hazard reduction required by an abatement notice under the Local Government Act 1993 or a notice under the Fire Service Act 1979; or
3. for the normal maintenance of infrastructure by Council or public authorities; or
4. for the removal of any trees of greater than 3 metres in height certified as requiring removal for reasons of safety or protection of property, by a person qualified in the maintenance or management of vegetation; or
5.  the general maintenance of a garden including the removal of any dead, damaged or diseased trees, branches or pruning; or
6. for fence posts or firewood not for sale; or
7. identified as declared weeds under the Weed Management Act 1999, or environmental weeds as listed in Schedule 2 of the planning scheme.

• Forest operations on State Forest or Private Timber Reserves.
• Continuing farming operations including fencing, ploughing, farm dams, private roadways required as part of farming operation, planting of crops, animal husbandry, and any activities incidental to the continuance of the farming operation provided that these activities are carried out in areas used for farming purposes before this Scheme came into force.
• The erection of buildings in the Natural Resources Zone of less than 50m2 in area and 3m in height if such buildings are part of an existing lawful use or development.
• The restoration and rehabilitation of land associated with existing lawful use or development. g) Boundary fences and retaining walls adjoining a road and not exceeding a height of 1.2 metres above natural ground level and part of an approved use or development under the planning scheme.
  
• Works carried out for the maintenance and repair of infrastructure including but not necessarily limited to roads, tracks, walking tracks, drains, sewers, power lines, pipelines and telecommunications facilities.
  
• Unroofed structures erected within a road reservation by a public authority or Council including but not necessarily limited to, street furniture, fire hydrants, signs, traffic control devices and street lights.
  
• A maximum of two aerials or antennae to a maximum height of 6 metres above an existing building and ancillary to the use of that building.
• Outbuildings within the rear curtilage of and ancillary to a residential development and intended for the domestic needs of the occupants provided that: 

1. the total floor area of outbuildings on the site does not exceed 45 square metres;
2. no part of the building or structure is higher than 3 metres above natural ground level;
3. no part of the outbuilding encroaches within any service easement or within 1 metre of any underground service.

• The demolition in whole or in part of a building or structure not listed by the Tasmanian Heritage Council the erection of which would be exempt under this part.
  
• The construction or putting up for display of a sign of less than 2 m2 in area:
  

1. displaying a dwelling name or street number;
2. relating to any building construction or works being carried out on the land provided it is exhibited only for the duration of such building construction or works;
3. relating to the letting or sale of the land on which it is erected provided it is removed within 10 days following the lease or a contract of sale being placed on the property;
4. relating to any local event of an educational, cultural, political, religious, social or recreational nature provided it is exhibited for no more than 42 days and subject to written advice to Council as to the person responsible for that sign and the intended date of removal; or
5. required by a statutory authority for the safety of people or traffic or for the protection of goods, structures or buildings. 

• Emergency works required to protect public safety, property or the environment.
  
• The undertaking of mineral exploration in accordance with an exploration licence, or retention licence, issued under the Mineral Resource Development Act 1995. 

It is still advised that you speak with Council Planning staff to ensure that your proposal is exempt under the Break O'Day Council Planning Scheme 1996 before commencing works.