Amendments help keep the Planning Scheme up-to-date with changes in community needs and trends in development in the City. Planning Scheme amendments can also be used to fine-tune the Planning Scheme due to changes in Council's strategies.
Requesting an amendmentAny person can ask the Council to initiate an amendment process. If the amendment includes land that the applicant does not own, they must get written permission from all landowners affected by the proposed amendment.
If you wish to apply for an amendment to the Planning Scheme, you will need to document how the proposal supports the objectives of planning under the State legislation, and meets State policies and Council objectives.
Approving an amendmentThe Council decides whether or not to proceed with a draft amendment. If we decide not to proceed with the draft amendment, the applicant can request a review of the decision by the Tasmanian Planning Commission (TPC).
If we proceed with the amendment, it must be shown that it is required under relevant planning legislation. The Council is required to consider any representations made on the amendment and then submit them to the TPC. The TPC may hold a public hearing to consider the representations.
The TPC makes the final decision on the amendment request and it has the power to approve, modify or reject the amendment.
For more information visit the Tasmanian Planning Commission website (external link).
Assessing a planning permit application at the same time as an amendmentThe combined Planning Scheme amendment and planning permit process can be used if a permit cannot be approved unless the Planning Scheme is amended.
It allows for the permit application to be considered at the same time as an amendment and reduces the overall time for assessment. The statutory time frames for planning permit applications do not apply for permits considered under this process.
Fees for assessing an amendment
There is an initial fee for the Council to assess an amendment request and in case we decide to initiate the amendment, then a further fee is payable to advertise the draft amendment and take it through the rest of the process.
Fees are also payable to the TPC if a request is initiated. For more information please refer to the fees register (PDF).
Timelines for assessing an amendmentA Planning Scheme amendment can take about 6 months to go through the full assessment process.
The TPC also has some practice notes on the amendment process (external site).
The relevant planning legislation in Tasmania is the Land Use Planning and Approvals Act 1993 (external link).