Making a Representation
Any person has the right to make a representation in support of or objecting to a development application. Before lodging a representation you can view the application either online or at Council offices. You can speak with the relevant planning officer at Council to discuss any issues or concerns you may have.
You can outline your representation in a letter or email. For a representation to be valid it must be:
• in writing;
• reference the planning application to which it relates;
• include the contact details of the person making representation;
• addressed in the manner stated on the notices;
• sent to the postal or email address stated on the notices; and
• received within the period stated on the notices.
Representations must be received within statutory timeframes. The submission dates and address information for lodging a representation are in the site notice, neighbour letter, newspaper advertisement or Council’s web page.
Grounds for Making a Representation
The Council can only consider objections that relate to legitimate planning matters. Council meetings are open to the public and you are welcome to attend and address the Council in respect to your representation during public question time.
The basis on which the Council can refuse an application relates to the discretion 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 your representation raises an issue with overshadowing because of the height of the proposal this could be a legitimate issue under the planning scheme. However an objection because the proposed material or colour is considered offensive 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.
If for any reason you wish to withdraw your representation this needs to be in writing at any time up until when Council makes a decision.
The Land Use Planning and Approvals Act 1993 requires Council to consider relevant matters in any representation when determining an application. Council can decide that certain modifications should occur to reduce or remove any impacts on neighbouring property. 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.
If you have made a representation, you will receive in writing, notice of Council’s decision. If you do not agree with the decision you have the right to appeal to the Resource Management and Planning Appeal Tribunal within 14 days. Information about appeals is available at www.rmpat.tas.gov.au or 6165 6794.