Tasmanian Planning Scheme and Kentish Draft Local Provisions Schedule

The Tasmanian government has legislated to replace each of the current municipal planning schemes with a single Tasmanian Planning Scheme (TPS) to manage how all land in Tasmania is used, developed, protected and conserved.  The TPS is made up of the State Planning Provisions (SPP) and a Local Provisions Schedule (LPS) for each council area.

The SPP are designed to provide a consistent set of planning rules and provides for 23 zones and 16 codes that apply State-wide making up a suite of controls that are to be applied by local councils.  The zones indicate what use and development is appropriate for each zone such as residential, business, agriculture, utilities, environmental and recreational uses.  The codes provide pathways or requirements for dealing with land use issues which occur across Tasmania and may apply across a range of zones, covering matters such as natural hazards, local heritage values, natural assets, parking requirements and the protection of road, railway and electricity infrastructure.

The LPS applies the SPP and provides for local needs and objectives in regard to land use and development. The LPS that applies to each municipal area includes zone and overlay maps (indicating where the zones and codes apply), local area objectives, code lists, particular purpose zones, specific area plans, and any site-specific qualifications.

The Kentish Council in its capacity as a planning authority has prepared a draft  Kentish Local Provisions Schedule (KEN LPS)to establish how the TPS is to apply for the land within the Kentish municipal area

Councils are required under the Land Use Planning and Approvals Act 1993 (the Act), to publicly exhibit their draft LPS for 60 days. The Act provides that any person can make a representation (submission) on the draft LPS within that 60 day time period.  Council must then consider the representations received and provide a report to the TPC on those representations. The TPC will undertake a statutory assessment of the draft LPS, the representations on the draft LPS together with other matters it is required to consider by the Act.

The KEN LPS was endorsed at a special Council meeting held on 21 April 2020 and submitted to the TPC on 05 June 2020 for its consideration prior to the public exhibition and assessment process.

On 16 September 2020 the Tasmanian Planning Commission and Kentish Council held a non-statutory post lodgement conference to discuss the matters set out in the post lodgement conference agenda.

As noted above, Council endorsed the KEN LPS for submission to the TPC at the Council meeting on 21 April 2020. Council now needs to wait for the TPC to direct it to place the KEN LPS on public exhibition. The timeframe for this is dependent upon receipt of the TPC’s advice and therefore currently unknown. Once the dates of the exhibition period are known it will be noted here and broadly advertised.

When approved, the KEN LPS will replace the current Kentish Interim Planning Scheme 2013.

The progress of the KEN LPS can be monitored by searching on the Assessment and Hearings page of the iPlan website

More information on the Tasmanian Planning Scheme (SPPs and LPS) can be obtained from the following sources:

Tasmanian Planning Commission State Planning Provisions

Tasmanian Planning Reform

Tasmanian Planning Scheme Fact Sheet