Special or unique planning controls

My property or area has special or unique planning controls. How will these be reflected in the Tasmanian Planning Scheme?

Some current interim planning schemes include a number of special planning areas or provisions which are controlled by particular purpose zones, specific area plans or may have property-specific qualifications in the relevant Use Table (known as specified departures in some old planning schemes). There are approximately 30 particular purpose zones and 70 specific area plans in current interim planning schemes across the State.

The Act allows for particular purpose zones, specific area plans and site-specific qualifications to be part of the Tasmanian Planning Scheme and used in a similar way as in interim planning schemes. The Act provides for these to be directly transferred from current interim planning schemes to the appropriate mechanism in the Local Provisions Schedules, unless the Minister, following consultation with the Tasmanian Planning Commission, determines that this should not happen.

Additionally, councils may prepare and introduce new particular purpose zones, specific area plans and site-specific qualifications as part of their Local Provisions Schedule, however these will be subject to assessment against the criteria for Local Provisions Schedules set out in the Act.  An individual may also seek to have one included by making a representation in response to the draft Local Provisions Schedule when it is subject to exhibition and assessment.

The Act limits the circumstances when a particular purpose zone, specific area plan or a site-specific qualifications can be approved to those which relate to:

• significant social, economic or environmental benefit to the State, a region or a municipal area; or
• a site which has particular environmental, economic, social or spatial qualities that requires a unique approach to the planning controls.

Particular purpose zones, specific area plans or site-specific qualifications should be limited to very specific (if not unique) situations where application of the State Planning Provisions will not deliver a planning outcome consistent with the sustainable development objectives of the Act. They cannot be used to deliver modified standards over a number of local areas because of a view that the State Planning Provisions standards are not appropriate.