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Draft State Planning Provisions

The Minister for Planning and Local Government, Peter Gutwein, has approved the draft State Planning Provisions (SPPs) for comment. The Commission must exhibit then consider the draft SPPs and report back to the Minister before he decides whether to issue them.

Have your say

As part of this process, the Commission is required to make the draft SPPs and related documents publicly available. You can view or download the draft SPPs, Explanatory Document, incorporated documents and Terms of Reference below.

Any person may make comments in writing to the Commission during the 60 day period from 15 March 2016 until 18 May 2016.

The Commission must consider all comments received about the draft SPPs during this period before reporting back to the Minister.

Please email your comments to .(JavaScript must be enabled to view this email address) or post to the Tasmanian Planning Commission, GPO Box 1691 Hobart Tasmania 7001.

Download ... and have your say ...

Draft_State_Planning_Provisions_on_TPC_web.doc

Andrew Ricketts’ Comment:

One has to come up with something more lively than Draft State Planning Provisions. In fact it is the main component of the so called Statewide Planning Scheme.

In fact the document is titled: “Tasmanian Planning Scheme”. and subtitled: “Final Draft State Planning Provisions 7 March 2016”

The point of that title is that they consider the public’s views to not be important as their stakeholder mates. Hence the words Final Draft.

More importantly the title: “Tasmanian Planning Scheme”. is misleading as the document of 429 pages is only the state provisions. Very confusing.  It is explained in the forward but the title may indeed mislead. This is a major confusing aspect of a state-wide scheme, as the Tasmanian Planning Scheme for Tasman will look nothing like the one for Launceston or West Coast.

The Draft State Planning Provisions are both massive and complex. Completely in keeping with the Liberals “simpler, faster and fairer” (like hell).

There is a formal comment period during a 60 day period from 15 March 2016 until 18 May 2016.

Massive policy and provisions changes to the current Interim Planning Schemes are embodied and embedded in the Draft State Planning Provisions which form the substance of the new Statewide Planning Scheme. Bear in mind this Draft State Planning Provisions may limit the ability of your Council to establish Local Provisions which are at variance with the Draft State Planning Provisions. So the whole becomes enormously complex to decipher and provide cogent argument over.

Then there is also a new Interim Planning Directive No. 1 Bushfire Prone Areas Code dated – February 2016 and the associated Code of course. This is in force now. It almost completely stops development in bushfire prone areas. And it has hived off much of the building matters to the new Building provisions which do not seem to be released as yet. See also attached TPC page text.
Can be found at: http://www.planning.tas.gov.au/news/news_items/new_bushfire-prone_areas_code

But no comment period has been identified as yet. (I have requested an explanation and may have to complain.)

Then there is also a bevy of 3 new New Practice Notes which are relevant at this time. On the 10 March 2016: Introduction of Practice Notes to replace Planning Advisory Notes. They can be found at: http://www.planning.tas.gov.au/news/news_items/new_practice_notes

Finally there is a modification to Planning Directive No 1. Modifies the application clause of the Planning Directive to refer to interim planning schemes declared and made under the Act due to recent amendments to the Act. Modifies clauses 4.1.3 and 5.0.2 of the Template to refer to revised sections of the Act resulting from recent amendments. Modifies limited exemptions clauses 6.1.1, 6.1.4, 6.2.1, 6.2.3, 6.3.1, 6.4.1 and 6.5.1 of the Template to clarify provisions between the general exemptions and Codes exemptions. Modifies clause 6.4.2 to remove an inconsistency with Planning Directive No. 4.1. This can be found at: http://www.planning.tas.gov.au/news/news_items/minor_modifications_to_planning_directive_no1_pd1

• Lyndall Rowley in Comments: Dear TTers - a cautionary note:  I live in Victoria and have experienced the implications and power of statewide planning provisions. They set the land-use and environmental tone for all subsequent individual council planning schemes through the use of standard zones and overlays.