The State Planning Provisions component of the Tasmanian Planning Scheme Released
As of the 22 February 2017, The State Planning Provisions (SPPs) component of the Tasmanian Planning Scheme, as made by the Minister, is now available from the Tasmanian Department of Justice
Planning Policy Unit …
http://www.justice.tas.gov.au/tasmanian_planning_reform
The final document can be found at: Download the State Planning Provisions (PDF, 3.2 MB):
http://cdn-src.tasmaniantimes.com.s3.amazonaws.com/files/State_Planning_Provisions.PDF
The Ministers statement of reasons can be found at:
http://www.justice.tas.gov.au/tasmanian_planning_reform/downloads/ministers_statement_of_reasons
The Minister for Planning and Local Government has now made the SPPs, which can be viewed or downloaded from the Planning Policy Unit’s website.
http://www.justice.tas.gov.au/tasmanian_planning_reform/downloads/state_planning_provisions
The Commission’s report to the Minister about its consideration of the draft SPPs (PDF, 78 pages, 472 KB), dated 9 December 2016, is also now available under this assessment on the iplan website, by
selecting the Decisions tab …
http://www.iplan.tas.gov.au/Pages/XC.Track.Assessment/SearchAssessment.aspx?id=347
There are several documents which make up the whole of the Commissions 9th December 2016
ecision. The Documents are:
Some of these documents have been superseded by the Minister’s State Planning Provisions document.
The Environment Association has not had an opportunity yet to assess either the documents of the 9th December 2016, which were released only on the 22nd February 2017, or the Minister’s finalised State Planning Provisions document of mid February 2017.
However, now the 29 Local Government Councils across Tasmania have the task of quickly creating 29 Draft Local Provisions Schedules, which will in essence create 29 planning schemes, all termed the Tasmanian Planning Scheme.
Once draft Local Provisions Schedules have been created there will be an advertised public comment opportunity for each Municipality’s Local Provisions Schedule.
Each Local Government Council will then review those representations and provide a report to the Tasmanian Planning Commission.
Then there will then be Tasmanian Planning Commission hearings into the 29 draft Local Provisions Schedules.
Many Local Governments have just finished creating new planning schemes but the changes to planning rules and standards which are embodied in the February 2017 State Planning Provisions document will mean substantial work for local government, for which the State Government should provide funding. The State of Tasmania is entirely responsible for this complex situation.
TEA forecasts that many local government rate payers will find this whole process and the concept of State Provisions and Local Provisions in their local municipality, which are but one of 29 schedules to the Tasmanian Planning Scheme, deeply confusing.
They may find the issue of concern, which constrains the Local Provisions, is actually the already finalised State Provision.
It must be remembered that the three Regional Land Use Strategies created only a few years ago have been consigned to be only relevant to the Local Provisions Schedules within their region, as it affects the merits and content of the Local Provisions. Formerly they applied to the whole of an Interim Planning Scheme within their region.
In Tasmania those Regional Land Use Strategies are of crucial importance in terms, both of understanding community aspirations and secondly in fairness terms and rightly deserving to be a relevant consideration for decision makers. Councils now must adhere to and further the standards and policies set out in the three Regional Land Use Strategies when creating their Local Provisions.
We struggle to see the achievement of the Liberal’s promise of “A fairer, faster, cheaper, simpler planning system”. The Liberal’s mantra also said things like: “Small business and Tasmanian families struggle daily with the red and Green tape involved in development applications. A majority Liberal Government will remove this burden.”
However the Liberals February 2017 State Planning Provisions document is 498 pages, yet on the 9th December 2016 the TPC’s State Planning Provisions decision document was a mere 478 pages.
Bearing in mind that each of the 29 Local Provisions Schedules have yet to be added on top of the 498 pages, but when they are the overall size of the Tasmanian Planning Scheme will likely be truly monstrous.
TEA confidently states this is not simpler. It will not be cheaper either. The diminution of rights of appeal makes it less fair.
Some of the unacceptable Permitted without Permit Uses and some of the other proposals for various Permitted, Discretionary and Prohibited Uses may unfairly limit rights of appeal and the ability to participate fairly.
There remains repeated unfair and unacceptable exemptions such as: “forest practices or forest operations in accordance with a forest practices plan certified under the Forest Practices Act 1985,”. Many representors criticised such rubbish.
There is no Statewide mapping for things such as “significant habitat” and “priority vegetation areas”. There is no Statewide mapping for flood prone land in a “flood-prone hazard area” and that means for rural landowners that gaining flood insurance will remain nigh impossible.
We expect that many of the overarching problems of the State Planning Provisions will remain and especially “fairness” will prove elusive. TEA remains critical of the statewide approach to local government land use planning. There are many more important land use planning issues to address.
All about The Environment Association (TEA) Inc …
*TEA is a not for profit, volunteer based, regional, environment, community association and a stakeholder in this process. TEA has a long-term interest in environmental and social outcomes in our region, Northern Tasmania, particularly in land use planning, forest conservation and forestry issues. The Environment Association has worked in the public interest since its inception in 1990. As one of only two rural based environment centres in Tasmania, The Environment Association (TEA) is a long-term independent stakeholder in any resolution to complex rural land use conflicts in Tasmania. TEA is not represented by any other conservation organisation, formally or informally and has no affiliation with any political party or organisation.
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