Updates

Draft Short Stay Accommodation Bill 2018

On 7 August 2018, the Hon Roger Jaensch MP, Minister for Planning, announced that the Government would seek to introduce new legislation to address compliance concerns relating to short stay accommodation to ensure compliance with our existing regulations.

The Draft Short Stay Accommodation Bill 2018 (pdf, 389.0 KB) proposes to introduce measures to encourage compliance with short stay accommodation planning permit requirements, support improved enforcement by planning authorities and allow a better understanding of the impact of short stay accommodation on the broader housing market.

See the Fact Sheet - Short Stay Accommodation Bill 2018 (pdf, 192.1 KB) for more information.

How to make a submission

Submissions on the draft Bill can be made until close of business on Wednesday, 31 October 2018 in one of the following ways.

  1. Online via our Public Consultation Website, www.justice.tas.gov.au/community-consultation
  2. Via email at haveyoursay@justice.tas.gov.au
  3. Or via posted to:

Planning Policy Unit

Department of Justice

PO BOX 825

Hobart   TAS 7001

Please note that this consultation process is subject to the Governments “Publication of Submissions Received by Tasmanian Government Departments in response to consultation on major policy matters”, which can be accessed through the Department of Premier and Cabinet website

Under this policy, submissions will be made publicly available on the Department of Justice website unless, for instance, you request that your submission remain confidential, or it contains material that is defamatory or offensive.

If you would like your submission to be treated as confidential please indicate this in writing at the time of making your submission, including the reasons why.

If you would like to discuss any aspect of the Draft Short Stay Accommodation Bill 2018, or would like a briefing, please contact the Planning Policy Unit within the Department of Justice on telephone 6166 1429 or email planning.unit@justice.tas.gov.au.

Thank you for your consideration of this important issue.

Terms of Reference – Draft Amendment 01/2018 of the State Planning Provisions

It is important that the State Planning Provisions (SPPs) are kept under regular review to ensure that the intended planning outcomes are being delivered.

In drafting their Local Provision Schedules a number of councils have identified some minor issues in the SPPs which would benefit clarification.    While these matters are minor in nature and do not propose any change to the policy settings in the SPPs, there is now an opportunity to address these issues prior to the provisions becoming operative in each municipality.

Section 30C of the Land Use Planning and Approvals Act 1993 requires that the Minister for Planning prepares Terms of Reference for the preparation of a draft amendment of the SPPs.

In accordance with section 30C of the Act, the Minister for Planning has prepared the Terms of Reference for Draft Amendment 01/2018 of the State Planning Provisions (pdf, 25.4 KB) to address the above matters.  There is capacity in the Act for the public notification processes to be suspended where no major changes to the SPPs are proposed.

Part 3, Division 2 of the Act sets out the statutory requirements for making amendments to the SPPs.

The Terms of Reference sets out the background, scope of the draft amendment and statutory requirements for preparation of the draft amendment. The next step, as required under the Act, is for the Minister to consult with key stakeholders, including the Tasmanian Planning Commission and all planning authorities, in relation to the preparation of a draft amendment of the SPPs.

The process for amendment of the SPPs can be viewed and downloaded from the Tasmanian Planning Commission’s website - .

Issuing of Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes

The Minister for Planning, after considering the report and recommendations of the Tasmanian Planning Commission, issued Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes on 13 June 2018 in accordance with former section 13(1)(a) and (4) of the Land Use Planning and Approvals Act 1993 in the form as modified by the Commission.

Download the Tasmanian Planning Commission’s report and recommendations (external link).

Planning Directive No. 6 came into effect on 1 July 2018 replacing Interim Planning Directive No. 2 and implemented changes to the requirements for new visitor accommodation use in residential zones which do not meet the ‘home-sharing’ exemption.

From 1 July 2018, exemptions from planning and building approval still apply if a dwelling is used by the owner or occupier as their main place of residence and:

  • it is let out to visitors while the owner or occupier is on vacation or temporarily absent or
  • not more than 4 bedrooms are let out to visitors.

The exemption applies across all zones in current planning schemes.

Key changes that came into effect on 1 July 2018

  • a reduction in the ‘Permitted’ floor area from 300m2 to 200m2 per lot for visitor accommodation use within existing habitable buildings in residential zones
  • new requirements for the consideration of visitor accommodation use that form part of a strata scheme (e.g. multiple dwellings or apartments) in residential zones in interim planning schemes
  • reinstating the limitations on visitor accommodation in Battery Point that were in place prior to 1 July 2017 and
  • limitations on visitor accommodation use within the Wapping area under the Sullivans Cove Planning Scheme 1997 if it has a floor area of more than 200m2 per lot and forms part of a strata scheme.

A minor modification to Planning Directive No. 6 was issued by the Minister on 1 August 2018 to clarify the operation of Acceptable Solution A1 in clause 3.1(e).

Download the issued Planning Directive No. 6 – Exemption and Standards for Visitor Accommodation in Planning Schemes (pdf, 160.3 KB).

Download a summary of the new requirements for Visitor Accommodation Advice on PD6 - Exemption and Standards for Visitor Accommodation (pdf, 220.9 KB)

To find out more about the changes to the requirements for visitor accommodation use in residential zones, review the Information Sheet VA1 – Changes to Requirements for Visitor Accommodation Use in Planning Schemes (pdf, 158.2 KB).

A new Standard Application Package is also available for applications for visitor accommodation use in the residential zones:

Housing Land Supply Act 2018

Facilitating the release and use of Government land suitable for affordable housing

The Housing Land Supply Act 2018 commenced on 20 July 2018.

The Act delivers on the Tasmanian Government’s commitment made at the Housing Summit in March 2018 to introduce legislation to fast track the release of Government land for affordable housing. The Act provides a more direct and efficient process to enable the Minister for Planning to make an order to rezone areas of Government land suitable for residential use for affordable housing. It also enables the Minister to make an order to apply specific planning controls for residential use and development to areas of Government land that are suitable for affordable housing, including land currently used for that purpose.

The Act includes strict controls on the exercise of the Minister’s powers. Under the Act, the Minister can only make an order after it has met rigorous eligibility and suitability criteria and following mandatory consultation with prescribed stakeholders and reporting to Parliament (which may disallow the order). This ensures that planning implications are properly considered and the views of affected parties are appropriately taken into account.

Download the Housing Land Supply Act 2018

Read the Housing Land Supply fact sheets for more information:

Declaration of amended Northern Tasmania Regional Land Use Strategy

The Minister, after consulting with the Tasmanian Planning Commission, the relevant planning authorities, and the relevant State Service Agencies in accordance with section 5A(4) of the Land Use Planning and Approvals Act 1993, has declared an amended Northern Tasmania Regional Land Use Strategy.

Notice of the Minister’s declaration was given in the Gazette on 27 June 2018. The amended Strategy came into effect on 27 June 2018.

The amendments to the previously declared Regional Land Use Strategy of Northern Tasmania include:

  • general review of the strategy in recognition of more recent government policies and legislative changes, such as the latest Tasmanian planning reforms, and to better align with the key strategic land use planning outcomes for the Northern region;
  • incorporation of relevant parts of the Greater Launceston Plan;
  • minor adjustments to the Regional Settlement hierarchy and Activity Centre Network; and
  • general review of introductory and commentary sections of the strategy and review of drafting style for the Goals, Strategies, Policies and Actions.

Download the declared Northern Tasmania Regional Land Use Strategy (pdf, 9.6 MB)

Declaration of amended Southern and Northern Tasmania Regional Land Use Strategies

The Minister, after consulting with the Tasmanian Planning Commission, the relevant planning authorities, and the relevant State Service Agencies in accordance with section 5A(4) of the Land Use Planning and Approvals Act 1993 (the Act), has declared an amended Southern Tasmania Regional Land Use Strategy and Regional Land Use Strategy of Northern Tasmania.

Notice of the Minister’s declaration was given in the Gazette on 9 May 2018. The amended strategies came into effect on 9 May 2018.

Southern Tasmanian Regional Land Use Strategy

The amendments to the previously declared Southern Tasmania Regional Land Use Strategy include:

  • the insertion of an implementation statement and the Tasmanian Planning Scheme Addendum for application to the Local Provisions Schedules as part of the Tasmanian Planning Scheme; and
  • minor adjustments to the urban growth boundary in Map 10 at 56-62 Forcett Street, Sorell and 369 (or 353) Lenah Valley Road, Lenah Valley.

Download the declared Southern Tasmania Regional Land Use Strategy (pdf, 9.1 MB)

Regional Land Use Strategy of Northern Tasmania

The amendments to the previously declared Regional Land Use Strategy of Northern Tasmania include minor revisions to the references to the Prospect Vale activity centre on Page 70.

Download the declared Regional Land Use Strategy of Northern Tasmania (pdf, 9.7 MB)

Amendment 01-2017 made to the State Planning Provisions

The Minister, following the preparation of a Terms of Reference (pdf, 312.2 KB) and subsequent notice being given in the three Tasmanian newspapers, prepared draft amendment 01-2017 to the State Planning Provisions (SPPs).

The draft amendment addresses a number of minor drafting errors and anomalies in the SPPs and updates the SPPs to align with the recent amendments to the transitional provisions under Schedule 6 of the Land Use Planning and Approvals Act 1993 (the Act) and the recently approved Planning Directive 5.1 – Bushfire-Prone Areas Code.

Consultation was undertaken on the draft amendment with the Tasmanian Planning Commission (the Commission), local planning authorities, and relevant State Service Agencies and State authorities as required by section 30D(2) of the Act.

Revisions were made to the draft amendment following consultation. The Minister approved the revised draft amendment for public exhibition and submitted it to the Commission for consideration.

The Minister, after receiving advice from the Commission, declared in accordance with section 30H(2) of the Act that public exhibition was not required for draft amendment 01-2017. Notice of the Minister’s declaration was given in the Gazette on 17 January 2018. The Minister, in making his decision, was satisfied that the public interest would not be prejudiced by the revised draft amendment.

The Commission finalised its assessment of the draft amendment and reported to the Minister on 27 February 2018 in accordance with section 30J of the Act. Download the Tasmanian Planning Commission’s report (external link)

The Minister, after considering and accepting the recommendations in the Commission’s report, made amendment 01-2017 to the SPPs (pdf, 898.0 KB), as modified, in accordance with section 30P(5)(a) of the Act.

Amendment 01-2017 to the SPPs came into effect on 19 April 2018 as part of the Tasmanian Planning Scheme.

Download the amended State Planning Provisions (PDF, 3.3 MB)

Major Projects reforms

The Tasmanian Government recently sought comments on a draft Major Projects Bill to amend the Land Use Planning and Approvals Act 1993 to introduce a new major projects assessment process. The proposed reforms provide for a staged approval process for major development proposals, subject to in-principle permit commencement conditions and the requirements for full approval being met. The proposed reforms include:

  • Clarification on the types of projects that are eligible to be declared as major projects and assessed by an independent and expert Development Assessment Panel that is appointed by the Tasmanian Planning Commission, and by other participating regulators under their relevant project-associated Act.
  • An expanded suite of approvals through a single coordinated assessment process and single permit. These include approvals under planning, utilities, environmental, Aboriginal cultural heritage, historic cultural heritage, threatened species and nature conservation legislation.
  • Greater certainty for proponents through a ‘no reasonable prospect’ test early in the assessment process and prior to the preparation of a Major Project Impact Statement.
  • Improved community consultation and engagement, including public exhibition of the proponent’s Major Project Proposal and Major Project Impact Statement, and the Development Assessment Panel’s draft and final Assessment Guidelines and draft Assessment Report.

The first period of public consultation on the previous draft of the Major Projects Bill closed on 2 October 2017 and 198 submissions were received. The submissions raised a number of issues that have been carefully considered by the Tasmanian Government.

In response to the submissions received, the draft Major Projects Bill was amended and re-structured to clarify its operation. Given the amendments that were made to the revised draft Bill, it was released for a second period of public consultation that closed on 29 January 2018 and over 150 submissions were received.

To assist the second public consultation process, the Policy Planning Unit within the Department of Justice prepared a second consultation paper and seven Fact Sheets that explain key aspects of the major projects assessment process. These documents can be downloaded below.

Second consultation documents

The documents that supported the second period of public consultation on the draft Major Projects Bill (which closed on 29 January 2018) can be downloaded below.

Read the Major Projects Reform fact sheets for more information.

First consultation documents

The documents that supported the first period of public consultation on the draft Major Projects Bill (which closed on 2 October 2017) can be downloaded below.

Draft Amendment to State Planning Provisions – Terms of Reference

The Tasmanian Government recognises the importance of keeping the State Planning Provisions (SPPs) under regular review to ensure the intended planning outcomes are being delivered.

With planning authorities currently in process of preparing their Local Provisions Schedules (LPSs), this provides an opportunity to address any issues that are identified in the SPPs prior to them becoming operative in each municipality.

Recent amendments have also been passed to transitional provisions in Schedule 6 of the Land Use Planning and Approvals Act 1993 (the Act) specifically to provide for code-applying provisions, such as local heritage place lists, to be transferred to the draft LPSs and approved LPSs.

The recent approval of Planning Directive 5.1 - Bushfire-Prone Areas Code (PD5.1) should also be considered in context of the SPPs, as the SPPs include a Code based on earlier versions of the planning directive (Interim Planning Directive No.1.1 and Planning Directive No.5).

A number of minor drafting errors and anomalies have also been identified since the making of the SPPs, which should be rectified.

Therefore, in accordance with section 30C of the Act, the Minister for Planning and Local Government has prepared the SPP Draft Amendment 01-2017 Terms of Reference (pdf, 312.2 KB) in relation to the preparation of the draft amendment to the SPPs, to address the above matters. These matters are minor in nature and do not propose any change to the policy settings in the SPPs.  There is capacity in the Act for the public notification processes to be suspended where no major changes to the SPPs are proposed.

Division 2 of the Act sets out the statutory requirements for making amendments to the SPPs.

The Terms of Reference sets out the background, scope of the draft amendment and statutory requirements for preparation of the draft amendment. The next step, as required under the Act, is for the Minister to consult with key stakeholders, including the Tasmanian Planning Commission and all planning authorities, in relation to the preparation of a draft amendment of the SPPs.

The process for amendment of the SPPs can be viewed and downloaded from the Tasmanian Planning Commission’s website - State Planning Provisions amendment process flowchart (pdf, 124.2 KB).

Information Sheet – Amendment to SPP Local Heritage Code (pdf, 129.6 KB) is also available on the amendment to the Local Historic Heritage Code in the State Planning Provisions (SPPs) and the opportunities for transferring existing local heritage places, local heritage precincts and significant trees under the transitional provisions in Schedule 6 of the Land Use Planning and Approvals Act 1993 (the Act).

Major Projects Reforms - submissions under review

The Tasmanian Government recently sought comments on a draft Bill to amend the Land Use Planning and Approvals Act 1993 to introduce a new major projects assessment process. The proposed reforms will deliver on the Government’s commitment to provide for in-principle approval for major development proposals, subject to the conditions or requirements for full approval being met. The proposed reforms also include:

  • Revised Ministerial call-in powers to clarify the types of projects that are eligible to be assessed by an expert planning panel appointed by the Tasmanian Planning Commission and by other relevant regulators under their relevant project-associated Act.
  • An expanded suite of approvals through a single coordinated process and single permit. These include approvals under planning, environmental, Aboriginal cultural heritage, historic cultural heritage, threatened species and nature conservation legislation.
  • Greater certainty for proponents through a ‘no reasonable prospect’ test early in the process and prior to preparation of a Major Project Impact Statement.
  • Improved community consultation and engagement, including public exhibition of the Major Project Proposal, draft Assessment Guidelines, Major Project Impact Statement and draft Assessment Report.

The period for comment closed on Monday 2 October and 195 submissions were received with a further 3 submissions being received over the following few days. The submissions raised a number of issues that are being carefully considered by the Government with a view to preparing a final draft Bill.

Download the Land Use Planning and Approvals Amendment (Major Projects) Draft Bill 2017 (pdf, 1.6 MB)

Download the Major Projects - Land Use Planning and Approvals Amendment (Major Projects) Bill 2017: Consultation Paper & Draft Exposure Bill (pdf, 1.5 MB)

Major Projects Reforms – Invitation to comment

The Tasmanian Government is seeking comments on a draft Bill to amend the Land Use Planning and Approvals Act 1993 to introduce a new major projects assessment process. The proposed reforms will deliver on the Government’s commitment to provide for in-principle approval for major development proposals, subject to the conditions or requirements for full approval being met. The proposed reforms also include:

  • Revised Ministerial call-in powers to clarify the types of projects that are eligible to be assessed by an expert planning panel appointed by the Tasmanian Planning Commission and by other relevant regulators.
  • An expanded suite of approvals through a single coordinated process and single permit. These include approvals under planning, environmental, Aboriginal cultural heritage, historic cultural heritage, threatened species and nature conservation legislation.
  • Greater certainty for proponents through a ‘no reasonable prospect’ test early in the process and prior to preparation of a Major Project Impact Statement.
  • Improved community consultation and engagement, including public exhibition of the Major Project Proposal, draft Assessment Guidelines, Major Project Impact Statement and draft Assessment Report.

Download the Land Use Planning and Approvals Amendment (Major Projects) Draft Bill 2017 (pdf, 1.6 MB)

Download the Major Projects - Land Use Planning and Approvals Amendment (Major Projects) Bill 2017: Consultation Paper & Draft Exposure Bill (pdf, 1.5 MB)

How to comment

Please send your comments on the draft Bill to the Department of Justice by Monday, 2 October 2017.

Comments should be marked ‘Major Projects Reform’.

Email

Planning.Unit@justice.tas.gov.au

Mail

Planning Policy Unit
Department of Justice
PO Box 825
Hobart  TAS 7001

Please direct any enquiries about the draft Bill to the above email address or contact the Planning Policy Unit on 6166 1429.


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Minister's Advisory Statements

The following three Advisory Statements have been prepared to assist councils, primarily with respect to the preparation of the Local Provisions Schedules (LPSs), and have been endorsed by the Minister for Planning and Local Government.

Advisory Statement Transitional Arrangements for Existing Particular Purpose Zones, Specific Area Plans & Site Specific Qualifications (pdf, 254.4 KB), provides information on transitioning existing particular provisions in interim planning schemes to the Local Provisions Schedules (LPSs), such as the conversion of specific area plans and particular purpose zones to the same, or the most appropriate mechanism.

Additionally, the Government is introducing a further refinement to the savings provisions in the Land Use Planning and Approvals Act 1993 (the Act) for continuing protection for places listed in heritage codes.

Advisory Statement Amendment of Regional Land Use Strategies for the finalisation of draft Local Provisions Schedules (pdf, 152.2 KB), provides guidance to planning authorities and the three regional council groups in relation to the process for amendments to RLUS, should they be required.

The time for a more comprehensive review of the regional land use strategies will follow the introduction of the Government's Tasmanian Planning Policies (TPPs), which will not be implemented through the first LPSs.

Advisory Statement Amendments to the State Planning Provisions (pdf, 137.2 KB), provides advice on the process for amendments to the SPPs, as outlined in Division 2 of Part 3 of the Act.

Guidance for drafting Local Provisions Schedules

Guideline No.1 – Local Provisions Schedules (LPS): zone and code application has been issued by the Tasmanian Planning Commission under section 8A of the Land Use Planning and Approvals Act 1993 (the Act) with the approval of the Minister for Planning and Local Government.

The Guideline was prepared by the Department of Justice, Planning Policy Unit (PPU) and provides an easy reference guide for the application of all zones and codes in the State Planning Provisions (SPPs) for the preparation of draft Local Provisions Schedules (LPSs).

The Commission has also issued four Practice Notes to assist local councils with the technical aspects of preparing zone and code maps and the written LPS document.

The Commission has also established a planners portal as a central resource to provide statewide technical guidance on the LPS requirements in the SPPs, and the requirements in the Guideline and Practices Notes, to council planners, GIS specialists or consultants that are preparing draft LPSs.

The PPU has also established a frequently asked questions section below to provide advice on other policy matters relating to the SPPs, Tasmanian Planning Policies, Regional Land Use Strategies, or the planning legislation. Questions may be submitted to planning.unit@justice.tas.gov.au and responses to these questions will be displayed in the frequently asked questions section below.

Published 5 May 2017