Introduction/Frequently Asked Questions
The Council's Land Use Planning Group is responsible for providing effective land use planning and regulation of development sustainable development principles and standards.
The Land Use Planning Group:
Frequently Asked Planning Questions
- The Planning Scheme
- Preliminary Assessment
- Making a Planning Application
- Who can make Planning Applications?
- What information do I need to lodge a Planning Application?
- Is there a charge for lodging a Planning Application?
- How long does the Planning application decision making process take?
- What's involved in the Planning Application process?
- Appeals
- Lodging an Appeal?
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What's Exempt from Planning Approval?
1. The Planning Scheme
Planning Schemes contain development standards relating to a variety of matters, but principally the impact of development or use on the site and surrounding properties.
The Central Coast Planning Scheme 2005 (The Planning Scheme) controls development through:
a) zones (where it can happen); and
b) standards (how it should happen), known as Acceptable Solutions.
The Planning Scheme sometimes allows for small variations to the Acceptable Solutions, where the application can demonstrate that the associated Performance Criteria can be met.
There are two types of application:
1 Permitted - which must be approved by the Council, and may be subject to conditions. These are developments that meet all of the Acceptable Solutions defined in the Planning Scheme; and
2 Discretionary - which may be either approved or refused by the Council. These are developments that:
- involve a discretionary use, or
- rely on a Performance Criteria to demonstrate compliance.
Some types of use or development may be Prohibited under the Planning Scheme. Such development is considered incompatible with the policy intentions for a particular area and cannot be approved.
2. Preliminary Assessment
The Council's Land Use Planning Group offers a preliminary assessment service free of charge. It is recommended that you arrange a time to speak to one of the Council's planning staff and discuss your proposal prior to lodging a formal application. If you can provide plans and other information describing the proposal, staff will be able to give you advice on whether the proposal meets the requirements of the Planning Scheme, or whether any additional information would be required to support an application.
A preliminary assessment can assist you in understanding the planning process involved, and help avoid unnecessary delays.
3. Making a planning application?
Unless your proposed development is exempt from requiring a permit under the Planning Scheme, you will need to make an application to the Council to obtain planning approval.
The exemptions are listed below - see 11. What's Exempt from Planning Approval.
Planning is often the first of a series of approvals required for a development proposal. In many other cases Council approvals such as building permits, plumbing permits, etc will also be required.
3. What's a planning application for?
The Planning Scheme sets the standard of what is acceptable development through:
(a) a use or development (what it is);
(b) zones (where it can happen); and
(c) standards (how it should happen), known as Acceptable Solutions (AS).
The Planning Scheme sometimes allows for small variations to the AS, where the application can demonstrate that if performance meets identified objectives, as contained in associated Performance Criteria (PC).
There are two types of application:
3 Permitted - which have to be approved by the Council, and may be subject to conditions. These proposals that meet all of the Acceptable Solutions
defined in the Scheme; and
4 Discretionary - which may be either approved (with or without conditions) or refused by the Council. These are proposals that:
- may be acceptable within a particular zone, depending upon the nature of the use or development and any impacts the use or development may have on surrounding properties, or
- must rely on a Performance Criteria (PC) to demonstrate compliance with the Planning Scheme.
Some types of use or development may be Prohibited under the Planning Scheme. Such development is considered incompatible with the policy intentions for a particular area and must be refused.
4. Who can make a planning application?
Anyone can make a planning application. If you are not the owner of the land involved, then you must notify the owner prior to lodging the application with the Council and include with the application a declaration that the owner has been notified. Other requirements relate to development on Crown Land.
5. What Information do I need to lodge a planning application?
- A copy of the land title, including Certificate of Title, Title Plan and Schedule of easements (if one exists).
- A copy of plans (usually comprising fully dimensioned site plan, floor plan and elevations, drawn to scale).
- Application fees.
- Covering letter providing any additional information which you feel will help Council to determine your application.
- A completed Industrial Development or Commercial/community development Questionnaire depending on the type of use.
- A completed Environmental Effects Report where an activity may cause environmental harm or nuisance.
- Geotechnical Reports (for subdivisions and buildings in areas of doubtful land stability).
- Site & soil evaluation for an on-site wastewater management system design (for new subdivisions and dwellings in un-serviced areas).
If you do not provide all of the required information, assessment of your application cannot be completed. This will mean that the application will either be returned to you (as being incomplete) or additional information will be requested, halting the process.
If you application is on Crown land, you will also need consent from the responsible Minister.
Your land title is normally available from your solicitor, bank or Service Tasmania offices or wesite (www.thelist.tas.gov.au).
6. Is there a charge for lodging a planning application?
All planning applications require the payment of a fee. The fee depends upon the type and scope of use or development being proposed. Typically, the planning fee for a development less than $300,000 in value is:
- Permitted Application: $180
- Discretionary Application: $455
Some applications may require approval from a State Government agency (e.g. Environment Protection authority). An additional fee may be charged by the State Government in such circumstances.
It is recommended that you contact the Council's Land Use Planning Group for an accurate calculation of fees for a particular development.
7. How long does the planning application decision making process take?
The Land Use Planning and Approvals Act 1993 requires the Council to determine planning applications within 42 days from the date of submission. However, the Council aims to determine applications sooner than this.
If the Council requires additional information to be provided before it can make a decision, then the 42 day time frame will be halted until this additional information is provided to the satisfaction of the Council.
8. What's involved in the planning application process?
Permitted Applications
The Council is bound to approve a "permitted" planning permit application. There is no right of objection by another party for "permitted" applications.
Discretionary applications
"Discretionary" planning permit applications must be publicly notified for a 14 day period by :
- Sending a written notice to all adjoining owners and occupiers;
- Displaying a notice at the boundary of the land;
- Placing an advertisement in the Advocate newspaper; and
- Making the application available for inspection at the Administration Centre, 19 King Edward Street, Ulverstone.
Details of the application may also be viewed on the Council's website www.centralcoast.tas.gov.au.
Any person has a right to object to a discretionary application during the 14 day advertising period.
Planning Application Assessment
Your application will be assessed by the Council's Planning and Assessment Team which is a multi-discipline group of professional officers including Town Planners, Engineers, Environmental Health Officers and Building staff.
Planning Decisions
Planning applications are determined either at a Council meeting or by staff under delegated authority.
The elected members of the Council determine all applications which are either recommended by planning staff for refusal or which have received objections to the development.
9. How can I object to a Planning Application?
9. Appeals?
Applicants may appeal the Council's decision on a planning application within 14 days after notice of that decisions is served on them. The applicant may appeal either against the Council's decision to refuse an application, or against the conditions imposed by the Council on a planning permit.
Any person who has lodged an objection to a development during the 14 day advertising period may lodge an appeal within 14 days after being served notice of Council's decisions.
Where the Council refuses to grant a planning permit, there is no right for an objector to lodge an appeal.
10. Lodging an Appeal
Planning appeals are heard by the Resource Management and Planning Appeal Tribunal, which is a body established under the State's planning laws. The Appeal Tribunal is completely independent of the Council.
The Tribunal's contact details are as follows:
Telephone No.:
(03) 6233 6464
Facsimile No.:
(03) 6224 0825
Postal Address:
GPO Box 2036
Hobart TAS 7001
Street Address:
Level 1
144-148 Macquarie Street
Hobart
Website: http://www.rmpat.tas.gov.au/
11. What is Exempt from Planning Approval?
The Planning Scheme identifies certain types of development that do not require planning approval. These developments include:
- Occasional sporting, social or cultural events;
- Maintenance and repair of buildings and works that do not involve external structural alterations;
- Minor protrusions, including antennae, aerials and satellite dishes incidential to any use or development;
- Development or demolition of minor domestic buildings or structures within the rear curtilage of a residential development including non-commercial dog kennels, garden sheds, glasshouses, rubbish receptacles or other such minor structures for the domestic needs of the occupants provided that:
- the gross floor area of the building does not exceed 9m2;
- no part of the building is higher than 2.4m above natural ground level;
- each side is no longer than 3m; and
- no part of the building encroaches within any service easement or within 1m of any underground services;
- Side and rear boundary fences and retaining walls not adjoining a road or reserve and not exceeding a combined height of 2.1m;
- Boundary fences and retaining walls adjoining a road or reserve, not exceeding a height of 1.2m above natural ground level and not on a site listed on the Tasmanian Heritage Register;
- Any other fence not exceeding a height of 2.1m in the Rural Living Zone, Environmental Management Zone, Rural Resource Zone and Recreation Zone and not on a site listed on the Tasmanian Heritage Register;
- Use of part of a dwelling by a resident as a home office for the purpose of administrative, technical or professional services if:
- clients or customers do not come to the dwelling;
- advertising signs are not displayed;
- ther is no external change to the appearance of the dwelling; and
- no person who is not a resident of that dwelling works in that dwelling in the business;
- The demolition in whole or in part of a building that is not listed on the Tasmanian Heritage Register;
- Vegetation removal or destruction for various purposes including:
- for fire hazard reduction in accordance with an abatement order under the Local Government Act 1993 or the Fire Service Act 1979;
- for the removal and destruction of noxious or environmental weeds;
- for the purpose of normal mantenance of pasture and cropping land or within a garden not otherwise protected by covenant or other legislation;
- for soil conservation or rehailitation works including Landcare activities and the like;
- where necessary to implement a permit;
- of any tree which is dangerous as certified by a qualified and experienced arborist;
- which has been planted for shelter belts, street trees, horticultural purposes, or wood production;
- for firewood up to a maximum of 10 tonnes per year; or
- within 1m of the boundary between properties owned or occupied by different persons, for the purpose of erecting or maintaining a dividing fence between those properties.
Please contact the Land Use Planning Group staff to determine if your proposal is exempt or requires a permit.
Enquiries:
If you have further enquiries or wish to make an application, you should contact the Council's Land Use Planning Group at the Administration Centre, 19 King Edward Street, Ulverstone, by phone on 6429 8952, by facsimile on 6425 1224 or by email at admin@centralcoast.tas.gov.au, Attn: Land Use Planning Group.
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