Amendments to the Land Use Planning and Approvals Act
Important amendments to the Land Use Planning and Approvals Act 1993 (LUPA Act) will come into effect on Wednesday 14th July as a consequence of the Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Bill 2021 passing through both Houses of Parliament.
The amendments assist the implementation of the single statewide planning scheme (the Tasmanian Planning Scheme). They are in response to recommendations from the Tasmanian Planning Commission (the Commission) and councils to support a smoother transition to the Tasmanian Planning Scheme.
The Tasmanian Planning Scheme is being rolled out across the State as the Local Provisions Schedule for each municipality is approved by the independent Commission.
The Bill amends the LUPA Act to:
- improve processes for making amendments to the State Planning Provisions in the Tasmanian Planning Scheme, specifically minor amendments and a new process for making interim amendments;
- improve processes for finalising Local Provisions Schedules (LPSs) and the implementation of the Tasmanian Planning Scheme across the State, specifically a revised process for managing substantial modifications and enabling the inclusion of approved interim planning scheme amendments;
- create a fairer process for determining development applications during the transition to the Tasmanian Planning Scheme, meaning that a development application is assessed against the planning requirements at the time of lodgement, instead of the date of the decision; and
- enable the previously approved Interim Planning Directive No.4 to be issued as a planning directive, to allow for the implementation of some already approved parts of the State Planning Provisions through current interim planning schemes, without requiring the normal assessment process.
The changes to the LUPA Act are both technical and legal in nature. The following information and FAQs will assist in explaining the changes, but if you are concerned about their impacts on a development application you have lodged or thinking about lodging, seek advice from your local council.
A detailed Information Pack is available providing a summary of the amendments to the LUPA Act:
- Information Pack – Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Act 2021 (PDF, 673.6 KB)
A comprehensive Briefing Pack on the Bill was prepared to assist with briefing both Houses of Parliament, including a Consultation Report summarising the submissions and responses:
- Briefing Pack - Land Use Planning and Approvals Amendment (Tasmanian Planning Scheme Modification) Bill 2021 (PDF, 850.8 KB)
The Bill and supporting material can be viewed on the Parliament website
Frequently Asked Questions
Yes. The new requirements apply to all development applications lodged, but not determined, before the LUPA Act amendments came into effect on 14 July 2021. This means that any applications that are still to be determined at the time of the amendments coming into effect will be assessed in accordance with the planning requirements that were applicable at the time that the application was validly lodged.
The decision must be made by reference to the interim planning scheme requirements, unless it was lodged more than 7 days after the Commission directed modification be made to the draft Local Provisions Schedule. If the application was lodged more than 7 days after the Commission gave its direction, the decision is to be made by reference to the provisions of the Tasmanian Planning Scheme as if it were in effect with the directed modifications made.
If the development application was lodged more than 7 days after the Commission directed the modifications, the decision must be made by reference to the provisions of the Tasmanian Planning Scheme as if it were in effect with the directed modifications made. If the application was lodged within the 7 day transition period, the decision must be made by reference to the provisions of the interim planning scheme.
No. If the Commission directed substantial modifications be made to your draft Local Provisions Schedule prior to the 14 July 2021 and the assessment of these modifications is yet to be finalised, decisions on development applications must be made by reference to the provisions of the interim planning scheme. The amendments to the LUPA Act only change the way substantial modifications are managed if the direction is given after the 14 July 2021. However, it should be noted that the Commission is able to direct your Local Provisions Schedule be considered under the new substantial modification process. If this occurs, decisions on development applications must be made in accordance with the new requirements.
No. The Tasmanian Civil & Administrative Tribunal (TASCAT) - Resource and Planning Stream in determining an appeal must still make reference to the same requirements as the council did when it made its decision on the development application. This has not changed.