Any development of land within Waratah-Wynyard Council municipality is governed by The Tasmanian Planning Scheme (TPS).
The TPS sets out the requirements for use or development of land in accordance with the Land Use Planning and Approvals Act 1993 (the Act). The TPS comprises two parts:
- The State Planning Provisions (SPPs) which includes the identification and purpose, the administrative requirements and processes, including exemptions from the planning scheme and general provisions that apply to all use and development irrespective of the zone, the zones with standard use and development provisions, and the codes with standard provisions; and
- The Local Provisions Schedules (LPSs) that apply to each municipal area and include zone and overlay maps, code lists, particular purpose zones, specific area plans, and any site-specific qualifications.
The SPPs and the relevant LPS together form all the planning provisions that apply to a municipal area (the local application of the TPS).
The SPPS also set out the requirements for the LPS.
The provisions in the TPS should be read together with the Act.
For more information refer to:
The Tasmanian Planning Scheme (TPS) divides land into zones. Each zone has a particular use for the land (purpose) and sets out the primary controls for the use or development of that land. This information describes if a planning permit is required and the matters that the council must consider before deciding to grant a permit.
To find out the zoning of the land:
- complete an Enquiry via PlanBuild Tasmania (PlanBuild Tasmania Enquiry); or
- search ListMap (ListMap) – selecting layer options Planning – Tasmanian Planning Scheme – Zones; or
- Contact council PH 6443 8333.
The State Planning Provisions (SPPs) details the standard provisions for codes listed in the SPPs. Properties which are subject to a Code usually involve areas of land or planning issues which require compliance with additional provisions to that detailed in the relevant zone provisions.
Codes set out provisions for:
- Particular types of use or development that may apply to land in one or more zones; and
- Matters that affect land that are not appropriately described by zone boundaries.
To find out if the property is affected by the codes listed in SPPs:
- complete an Enquiry via PlanBuild Tasmania (PlanBuild Tasmania Enquiry); or
- search ListMap (ListMap) – selecting layer options Planning – Tasmanian Planning Scheme – Code Overlay; or
- Contact council PH 6443 8333
No – your proposed development will be assessed against the requirements of the Tasmanian Planning Scheme – Waratah-Wynyard (TPS). The proposed development will be determined as one of the following five classifications:
- Exempt;
- No Permit Required;
- Permitted;
- Discretionary;
- Prohibited.
Proposed developments classified as “Exempt” or “No Permit Required” do not require a planning permit.
Council’s Planning Department are happy to arrange an appointment to provide pre-lodgement advice and comment on any draft plans prior to submitting your application. There is no charge for this service.
We recommend having the property address, Property ID (PID) and/or title details available, as this will help us quickly identify the land you are interested in.
For appointment bookings contact Council PH 6443 8333 or email your enquiry to townplanner@warwyn.tas.gov.au.
Alternatively you can lodge an Enquiry via PlanBuild Tasmania website (PlanBuild Tasmania Enquiry).
The Land Use Planning and Approvals Act 1993 requires the Planning Authority (Council) to determine ‘Permitted” planning applications within 28 days and “Discretionary’ planning applications within 42 days from the date of submission.
The processing timeframes are placed on ‘Stop Clock’ pending any requests for further information. The ‘Stop Clock’ period does not form part of the processing 28- and 42-day periods.
The Tasmanian Planning Scheme – State Planning Provisions require each proposed use or development to be categorised into one of the Use Classes detailed in Table 6.2 of the SPP.
(Refer to Tasmanian Planning Scheme – SPP.)
Within each individual zone the SPP details a Use Table which sets out the required Use Class for the four classifications: No Permit Required, Permitted, Discretionary and Prohibited.
If a proposed development is considered a Permitted use, the planning authority is bound to grant a permit either unconditionally or subject to conditions or restrictions. This is referred to as a Permitted Planning Permit.
If a proposed development is considered a Discretionary use, the planning authority has a discretion to:
- refuse or permit the proposed use,
- waive, relax or modify a requirement of the scheme or order, or
- consent to the use or development proceeding.
Should a permit be issued it is referred to as a Discretionary Planning Permit.
If you don’t own the land, you can still submit a planning application for that land, but you must first notify the owner of your intention to do so. The declaration on the planning application form will need to be completed and signed by all applicants.
In some cases, the use or development of land may impact on Crown land or Council land and permission must be obtained from the correct managing authority before proceeding with any application.
A Certificate of Title is the official record of land ownership. The title shows important information about your property, including any rights that affect the land. For example, a property covenant in the Certificate of title can guide or restrain how you build or alter your property. The Certificate of Title must be submitted with your planning application.
You can obtain a copy of a Certificate of title by using the search facility on the LIST, from Service Tasmania, or through the PlanBuild Tasmania portal.
- The LIST – LIST Search Facility
- PlanBuild Tasmania – PlanBuild Tasmania
All planning applications require the payment of a fee. The fee depends upon the type and scope of the use or development being proposed.
Following submission of the application an invoice for fees will be forwarded direct to the applicant.
Councils current fees can be found here: Fees and Charges
Planning permits expire after two years, If your development has not substantially commenced within the two-year timeframe, you will need to apply for an extension of time before the expiry date.
Please contact Council’s town planners for more information:
Minor amendments can be approved in some circumstances.
Application forms for minor amendments can be obtained from councils website (Minor Amendment to Planning Permit).