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Draft Local Provisions Schedule

Planning Reform: The Tasmanian Planning Scheme - The Tasmania Planning Commission has directed Council to publicly exhibit its modified draft Local Provisions Schedule under section 35B of the Land Use Planning and Approvals Act 1993 (the Act).


EXHIBITION OF DRAFT DORSET LOCAL PROVISION SCHEDULE

The Tasmanian Planning Commission (the Commission) has directed Council to publicly exhibit its modified draft Dorset Local Provisions Schedule (LPS) under section 35B of the Land Use Planning and Approvals Act 1993 (the Act).

The Dorset Council now invites written representations on the relevant exhibition documents in relation to the draft Dorset LPS.

Representations can be made in writing to the Dorset Council from Monday, 4 April 2022 until midnight 6 June 2022.

The relevant exhibition documents in relation to the draft Dorset LPS and relevant supporting documents, including the State Planning Provisions (SPPs) and lists of provisions required to transition from the Dorset Interim Planning Scheme 2013, are available for viewing during normal business hours at the:

    • Dorset Council office, Monday to Friday at 3 Ellenor Street, Scottsdale; and
    • The Tasmanian Planning Commission’s offices from 9am until 5pm, Monday to Friday at Level 3, 144 Macquarie Street, Hobart.

These documents may also be viewed and downloaded from the Commission website at www.planning.tas.gov.au or from the links provided further on below.


REPRESENTATIONS

As the Tasmanian Planning Scheme is in two parts, the SPPs and the LPS, the process of assessing Council’s draft LPS and considering public representations is complex. The Act contains limitations on representations relating to the SPPs. This is because the SPPs have already been through a public representation and hearing process before they were made by the Minister for Planning.

Representations must, in accordance with section 35E of the Act, be in relation to the content and merits of the draft LPS as contained in the written instrument and the zone and overlay maps and whether:

    • a provision of the draft LPS is inconsistent with a provision of the SPPs;
    • the draft LPS should, or should not, apply a provision of the SPPs to an area of land; or
    • the draft LPS should, or should not, contain a provision in the form of a Particular Purpose Zone, a Specific Area Plan, or a Site Specific Qualification that will add to, modify or substitute for the State Planning Provisions as they apply to land or part of land within the Dorset municipal area in accordance with section 32 of the Act.

Any matter raised in a representation that does no relate to the content or merit of the draft LPS will not be able to be taken as part of a representation.

Similarly, representations that state solely that the content of the SPPs should be altered cannot be considered by Council or the Commission through this LPS assessment process. The Council after considering representations may advise in a separate notice to the Commission that the content of the SPPs should be altered. The Commission must consider the merits of Council’s advice.

The final approved LPS must contain the Particular Purpose Zones, Specific Area Plans, Site-specific Qualifications and Code-applying Provisions that are included in the draft LPS by reason of the transitional provisions of Schedule 6 of the Act. Any matter contained in a representation that seeks to exclude one or more of those provisions cannot not be taken to be a representation.

The LPS may contain provisions corresponding to approved amendments to the Dorset Interim Planning Scheme 2013. A representation cannot be made in relation to these provisions. Approved planning scheme amendments may be viewed on the Commission website at www.planning.tas.gov.au or the Austlii website at www.austlii.edu.au.

In order for a representation to be considered it must:

    • be in writing;
    • clearly identify the person or body who is making the representation, signed and dated by that person;
    • provide contact details of the person making the representation; and
    • provide facts and reasons to explain your support for, or opposition to, all or any part of the draft LPS that relates to the content or merit of the draft LPS.

Further information about how to make a representation can found at the Commission’s website.

Please email your representations to dorset@dorset.tas.gov.au or post to the General Manager, PO Box 21, Scottsdale, Tasmania 7260 between Monday 4 April 2022 and midnight 6 June 2022.

NOTE: All representations lodged will be available of public viewing.


CONSIDERATION OF REPRESENTATIONS

The Council will consider the representations that are received and provide a report to the Commission on those representations. The Commission will then consider all representations received in response to the draft LPS during the exhibition period, and conduct public hearings on the representations and other matters it is required to consider. Once hearings have concluded, the Commission will prepare a report to the Minister for Planning which includes the Commission’s recommendations.

Further information about the hearing process is available on the Commission’s website.


COMMENCEMENT OF THE TASMANIAN PLANNING SCHEME

After the Commission has completed its consideration of the draft LPS, with the agreement of the Minister, it can then approve the LPS.  The LPS will come into effect on a date published in the Tasmanian Government Gazette by the Commission.

Once the LPS comes into effect it forms part of the Tasmanian Planning Scheme (TPS) and establishes how the TPS will apply to land within the Dorset municipality. The TPS will replace the current Dorset Interim Planning Scheme 2013 and it is anticipated that it will be operational by late 2022 – early 2023. 


EXHIBITED DOCUMENTS

The relevant exhibition documents in relation to the draft Dorset LPS and relevant supporting documents, including the State Planning Provisions (SPPs) and list of provisions required to transition from the Dorset Interim Planning Scheme 2013, are available for viewing and downloading below:

STATE PLANNING PROVISIONS

LOCAL PROVISIONS SCHEDULE – WRITTEN DOCUMENT

ZONE MAPS

CODE OVERLAY MAPS

SITE-SPECIFIC QUALIFICATIONS OVERLAY MAP

SPECIFIC AREA PLAN OVERLAY MAPS

TRANSITIONAL DECLARATIONS

SUPPORTING REPORT AND INFORMATION

These documents may also be viewed at:

    • Dorset Council office, Monday to Friday at 3 Ellenor Street, Scottsdale;
    • The Tasmanian Planning Commission’s offices from 9am until 5pm, Monday to Friday at Level 3, 144 Macquarie Street, Hobart; and
    • The Tasmanian Planning Commission’s website at www.planning.tas.gov.au.

If you have any queries please contact the Dorset Council on 03 6352 6500 during normal office hours or at development@dorset.tas.gov.au