Minister issues Planning Directive No. 8 with modifications

The Minister for Local Government and Planning has issued Planning Directive No. 8 – Exemptions, Application Requirements, Special Provisions and Zone Provisions (PDF, 1.2 MB) (Planning Directive No. 8), with modifications, in accordance with the recent amendments made to the Land Use Planning and Approvals Act 1993 (LUPA Act).

Planning Directive No. 8 comes into effect on 22 February 2022, after public consultation that was carried out by the Tasmanian Planning Commission (the Commission), and replaces the Interim Planning Directive No. 4 (IPD4).

The Tasmanian Planning Scheme, including the State Planning Provisions (SPPs), is being rolled out across the State replacing the separate interim planning schemes in each municipality. To aid the transition, IPD4 brought into effect certain parts of the SPPs through the remaining interim planning schemes. The provisions within Planning Directive No. 8 deliver continuity for the provisions currently in IPD4 for the entire period in which the interim planning schemes have effect.

The issuing of the Planning Directive No. 8 does not affect any councils that already have the Tasmanian Planning Scheme (SPPs and the Local Planning Schedules) in effect.

The recent amendments to the LUPA Act provide for the issuing of Planning Directive No. 8 without completing the normal assessment process. This is due the SPPs already being approved and in effect as part of the Tasmanian Planning Scheme.

Submissions received by the Commission on draft Planning Directive No. 8 during public consultation were carefully considered and the following modifications were made:

  • correction of clerical errors in clauses 5.1 and 5.2 of the planning directive to make correct cross references to clause numbers and reinstate inadvertently deleted text;
  • correction of clerical errors in the exemptions in clauses 5.2.8 and 5.2.9 of Attachment 2 of the planning directive to make correct cross references to clause numbers;
  • further clarification of the applicable fences in the exemption in clause 5.6.2 of Attachment 2 of the planning directive;
  • correction of clerical errors in clause 10.4.3 A2 in Attachment 5 and clause 11.4.3 A2 in Attachment 6 to reinstate the inadvertently deleted requirement for private open space to not be used for vehicle access or parking; and
  • removal of anomalies by removing references to interim planning schemes no longer in effect.

Other issues raised in the submissions will be addressed through the following:

  • minor amendments to the SPPs to also be reflected in a future modification to Planning Directive No. 8; and
  • the 5-yearly statutory review of the SPPs commencing in 2022, including the review of residential development standards derived from Planning Directive No. 4.1.

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