When is a Planning Permit required?
The planning scheme details the types of use and development that require planning approval and those that are exempt.
For applications that are valid after 24 December 2021, the Tasmanian Planning Scheme, including the West Tamar Local Provisions Schedule, will be used to assess and decide planning applications. More information about the Tasmanian Planning Scheme can be found here.
You should always contact Council to find out whether you need planning approval for any use or development you might be considering. Council will also give you advice on the information you will need to provide. In the first instance contact a planning officer on 6323 9300.
The Planning/Development Application Process
To apply for a planning permit (also commonly referred to as a development application or DA) you must lodge an application with Council. Before you submit the application you should talk to one of Council's planning officers about your proposal. The officer will give advice on the parts of the planning scheme relevant to your application and the information you need to provide to help them assess it.
It is also recommended that you talk to your neighbours and inform them of what you are proposing, especially if the proposal will need to be advertised. Most neighbours appreciate the courtesy of being informed and it provides an opportunity to become aware of potential problems and perhaps sort them out before you are committed to a particular design.
If your application is straightforward and for example involves a change of use with little structural alterations to the building, you may not need professional assistance. In many cases though it is wise to get professional assistance in preparing the application, especially where detailed drawings and/or site analysis is needed.
If your proposal involves Council land you will need written consent from the General Manager to lodge the application.
If your proposal involves Crown Land or land owned by the State Government, you will need written consent from the relevant Government Department.
Each application must be submitted with a completed Planning Application Form.
This Planning Application Checklist will help you to prepare your application.
Discretionary planning applications will require statutory notification. An application does not need to be advertised if the proposed development is permitted, and does not rely on performance criteria to assess the proposal.
To meet statutory requirements for notification, Council will:
· Send a notice to adjoining property owners,
· Place a sign(s) on the subject site; and
· Place a notice in the local newspaper.
Details of currently advertised applications at the following link.
Any person or parties have the right to make a representation in support of or against a development application. Representations must be received within statutory timeframes (specified in the notification but usually 14 calendar days).
More information about making representations is available here.
Deciding the application
The Council can only approve, refuse or modify an application on legitimate planning matters as outlined in its planning scheme and relevant legislation.
Similarly it can only consider representations that relate to legitimate planning grounds. The basis on which the Council can refuse an application relates to the discretions being sought.
For example, a proposal may be refused on the basis that it does not meet the height requirements of the planning scheme. If an issue with overshadowing because of the height of the proposal is identified that would be a legitimate issue under the planning scheme. However an objection because the proposed material or colour was considered unsuitable is not a relevant issue under the scheme and would not be treated as a valid planning ground on which to refuse or modify the application.
The Council can decide that certain modifications should occur to reduce or remove any impacts on neighbouring property. For instance this could be requiring vegetation screening of a boundary to reduce overlooking. Such modifications can only occur if it does not substantially alter the proposal.
Information about making a planning enquiry is available here.