What will the Local Provisions Schedules include?

The Local Provisions Schedules indicate how the State Planning Provisions will apply in each local municipal area. They will contain the zone maps and overlay maps or description of places where the codes apply.

They will also contain local area objectives and any planning controls for unique places specific to the local area. These unique areas can be in the form of particular purpose zones, specific area plans, and site-specific qualifications.

Who is responsible for preparing the Local Provisions Schedules?

Councils are responsible for preparing their Local Provisions Schedules. Councils will be responsible for consulting on the Local Provisions Schedules with their communities and other stakeholders to ensure it reflects the community’s expectations.

The zone maps will be largely a translation from the current interim planning schemes. However, councils will be able to amend their zone maps, as required to implement the suite of zones provided for in the State Planning Provisions or to implement strategic zoning changes.

Councils must submit their draft Local Provisions Schedules to the Tasmanian Planning Commission for consideration prior to the public exhibition and assessment process.

Will I be able to make a submission on the Local Provisions Schedules?

Councils are required under the Land Use Planning and Approvals Act 1993 (the Act) to publicly exhibit their draft Local Provisions Schedules for 60 days.

The Act provides that any person can make a submission (representation) on the draft Local Provisions Schedules within that period. The council is then required to report to the Tasmanian Planning Commission on the representations it has received.

The Tasmanian Planning Commission will undertake the statutory assessment of representations on the draft Local Provisions Schedules.

The Local Provisions Schedules must be consistent with the criteria set out in the Act in section 34. These include a requirement to further the Objectives of the Act, and to be consistent with State Policies and the appropriate Regional Land Use Strategy. Local Provisions Schedules must also, as far as practicable, be consistent and coordinated with any Local Provisions Schedules that applies to the adjacent municipal areas.

Will a Local Provisions Schedule be able to change a State Planning Provision?

The Land Use Planning and Approvals Act 1993 (the Act) provides for particular circumstances when Local Provisions Schedules can override State Planning Provisions. An approved variation in the form of a particular purpose zone, specific area plan or a site-specific qualification is deemed to be an overriding provision.

The Act limits the circumstances when a particular purpose zone, specific area plan or a site-specific qualification can be approved to those which relate to:

• significant social, economic or environmental benefit to the State, a region or a municipal area; or
• sites which have particular environmental, economic, social or spatial qualities that require a unique approach to the planning controls.

Particular Purpose zones, specific area plans and site-specific qualifications can only be utilised in a Local Provisions Schedule where they do not conflict or undermine the State Planning Provisions and it can be demonstrated that a unique approach is warranted for the particular area or site.

The use of Site Specific Qualifications or Specific Area Plans should be limited to very specific (if not unique) situations where application of the State Planning Provisions will not deliver a planning outcome consistent with the sustainable development objectives of the Act. They cannot be used to deliver modified standards over a number of local areas because of a view that the Sate Planning Provisions standards are not appropriate.

The other way that a Local Provisions Schedule can affect the State Planning Provisions is that if during the preparation of a Local Provisions Schedule, a council considers that one or more of the State Planning Provisions needs amendment, and it can then ask the Minister to consider that.

The Act requires the Minister to review the State Planning Provisions after every 5 years of operation.