Waratah-Wynyard Council - FAQ Making and Amending Planning Schemes

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FAQ Making and Amending Planning Schemes

DISCLAIMER

Important information concerning the interpretations of legislation and other policies is contained in this page. It is recommended that the Disclaimer be read in conjunction with the information provided

One of Waratah-Wynyard Council's core activities is to regulate the use and development of the land in its municipal area.

Planning Schemes are statutory documents that regulate or prohibit use or development of any land within a particular planning area. Planning schemes are required to further the objectives of the Resource Management and Planning System and must be in accordance with any State policies.

In most instances, before undertaking use or development, an application for a planning permit will be required. These applications are assessed against the relevant planning scheme and any other statutory requirements. Find out more about planning permits in the Planning Permits and Appeals template on this website.

The Environmental Law Handbook, 2nd Edition, published by the Environmental Defenders Office is also a valuable source of information. It is available from their office at 131 Macquarie St, Hobart Ph: 6223 2770 or Email: edotas@trump.net.au and some major bookstores.

Reference is made throughout this document to the Guide to the Resource Management and Planning System. This pdf document is stored on the Resource Planning and Development Commission (RPDC) website.

 FREQUENTLY ASKED QUESTIONS

1. How is use and development regulated?

2. What is a planning scheme and what does it do?

3. How is a planning scheme prepared?

4. Can I have a say in the preparation of a planning scheme?

5. Can changes be made to a planning scheme?


 1. How is use and development regulated?

Use and development is regulated by the Land Use Planning and Approvals Act 1993, which is a part of a suite of legislation known as the Resource Management and Planning System (the RMPS). The object of RMPS is the sustainable use and development of Tasmania's natural and physical resources. The Guide to the Resource Management and Planning System gives an overview of the RMPS in Chapter 3 (pp 6-7)

The Land Use Planning and Approvals Act 1993 contains a set of objectives focussed on 'sustainable development'. These objectives link this Act with other legislation associated with the RMPS. Some of the Acts that form the RMPS are listed below:

Environmental Management and Pollution Control Act 1994
State Policies and Projects Act 1993
Resource Planning and Development Commission Act 1997
Resource Management and Planning Appeal Tribunal Act 1993
Historic Cultural Heritage Act 1995
Major Infrastructure Development Approvals Act 1999

Additional pieces of state and commonwealth legislation may also apply, depending on the nature and location of any proposed development or use. (Back to FAQ List)

 2. What is a planning scheme and what does it do?

A planning scheme is the statutory control document for any given area of the State, usually coinciding with a municipal area. Most planning schemes consist of a series of maps that show the extent of the planning area and the zoning of the land, and a written document that sets out the standards that apply to any use or development. Generally, the text document sets out the provisions for use, development, protection or conservation of the land according to the zoning.

The Guide to the Resource Management and Planning System provides a detailed summary of the nature and purpose of planning schemes in Chapter 4 (pp 9-12).

The Waratah-Wynyard Council Planning Scheme 2000 operates throughout the municipal area.

Under Section 20 (1) of the Land Use Planning and Approvals Act 1993 council planning schemes must:

  • seek to further the objectives of the Resource Man   a gement and Planning System
  • be prepared in accordance with State P   o li   c   i es and
  • have regard to the Strategic Plan of council. (Back to FAQ List)
 3. How is a planning scheme prepared?

Preparing a modern planning scheme is a complex process. Many economic, social and environmental issues must be considered to ensure sustainable development is achieved.

The council must ensure the planning scheme complies with the objectives of the RMPS and the planning process established by Land Use Planning and Approvals Act 1993 .

The planning scheme must be consistent with State Policies declared under the State Policies and Projects Act 1993. The current policies are:

State Coastal Policy 1996
Protection of Agricultural Land Policy 2000
Water Quality Management Policy 1997
National Environment Protection Measures (NEPM's)

Council conducts research, or engages consultants to prepare the necessary reports. The environmental, economic and social factors that may be investigated include:

  • environmental constraints and areas of special significance or sensitivity which may require development control measures or protection
  • population size, growth and age structure, and the likely changes to estimate future residential, commercial, industrial and agricultural needs
  • economic and social analysis to assess the existing conditions and estimate future trends.
  • Informal consultation with residents' groups, various interest groups and government agencies may occur as part of the research.

The preparation of a planning scheme follows a process, in accordance with requirements of LUPAA. The council, the Resource Planning and Development Commission and the community are involved in this process which includes a period of public exhibition of a draft planning scheme to allow community input. The Guide to the Resource Management and Planning System explains the process of preparing planning schemes in Chapter 4 (pp 13-15).

Simplifying Planning Schemes

The State Government, in association with the Local Government Association of Tasmania, has been working on a project known as 'Simplifying Planning Schemes'.

A 'Common Key Elements Template' has been adopted as a mandatory planning directive to councils setting out the structure and format for any new planning scheme. Follow the link given above for details. (Back to FAQ List)

 4. Can I have a say in the preparation of a planning scheme?

When developing or revising a planning scheme, many councils run informal workshops and community consultations to explain the process and get feedback on local community expectations for the area. Forums are usually advertised in the local papers and open to the public.

A draft planning scheme must be submitted to the Resource Planning and Development Commission for certification before the formal public process begins.

A formal consultation process is required under the Land Use Planning and Approvals Act 1993 (LUPAA) . Sections 25 to 28 of LUPAA detail that process.

Section 25 of LUPAA requires the council to put the draft planning scheme on public exhibition for a period of two months. During the exhibition period, any person can make a representation to the council on the draft scheme.

At the end of that period, all representations must be sent to the Resource Planning and Development Commission (the Commission) along with a report from the council detailing:

  • the merits of each representation
  • its view as to whether modifications to the draft Scheme are needed as a result of the particular representations
  • the impact of any such representations on the draft Planning Scheme as a whole
  • any other recommendations the council considers necessary.

Under Section 27 of LUPAA, once the Commission has received the council's report, it must consider the report and hold a public hearing to allow each person who made a representation to speak to their representation, if they so wish.

Following the hearings and after consideration of all the submissions, the Commission may, under Section 28 of LUPAA modify or reject the draft planning scheme or require the council to do any specified part again.

If part of the scheme needs to be done again, the council is required to resubmit that section to the Commission, within a set period. It then has to go through the same certification, notification, hearing and decision process.

The Guide to the Resource Management and Planning System also explains the public exhibition (stage 2) of the planning scheme approval process in Chapter 4 (pp 14-15). (Back to FAQ List)

 5. Can changes be made to a planning scheme?

Yes. Under Section 33 of the Land Use Planning and Approvals Act 1993 (LUPAA) any person can ask the local council to amend its planning scheme.

A planning scheme amendment may seek to change all or part of the planning scheme, or alter the area covered by the planning scheme. The decision to commence (or not to commence) an amendment to a planning scheme rests entirely with the council.

The steps and stages involved in a planning scheme amendment are outlined in the Guide to the Resource Management and Planning System in Chapter 4 (pp 16-19).

Where a person has requested an amendment to a planning scheme they may also apply for a planning permit that would otherwise not be allowed. See ' Section 43A' , of LUPAA as explained in the Guide to the Resource Management and Planning System in Chapter 4 (p 34).

Before you submit your request to Council it is wise to speak to Council's planning officers to discuss any proposed amendment and get information on what details you need to include.

Waratah-Wynyard Council's Town Planner can be contacted on (03) 6443 8316.

The cost of requesting a planning scheme amendment will vary from council to council. In Waratah-Wynyard the fee is $300 for a change that affects the Ordinance only or $700 for a charge that involves the ordinance and zone maps. (Back to FAQ List)

Waratah Wynyard Council
21 Saunders Street : PO Box 168, Wynyard TAS 7325
Phone (03) 6443 8333 : Fax (03) 6443 8383 : Email: council@warwyn.tas.gov.au
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