What is the Tasmanian Planning Scheme?
The Tasmanian Planning Scheme (TPS) is a legal document (often called a statutory instrument) which sets out objectives, requirements about:
- what land uses and developments are permitted,
- where they are located, and
- how they are assessed.
The TPS is part of the broader Tasmanian planning system and under the Act, it must achieve certain requirements:
- Further the objectives of the Resource and Management Planning System (RMPS)
- Further the objectives of the planning process established by the Land Use and Planning Approvals Act 1993 (LUPAA)
- Be prepared in accordance with State Policies made under the State Policies and Projects Act 1993
- May make provisions relating to the use, development, protection or conservation of any land (including water) in the area.
How does it work?
The planning scheme has two parts:
- A written document that sets out the uses and developments that can take place in different zones, precincts or overlays. In Tasmania this is called the State Planning Provisions (the SPPs).
- Maps showing where different zones, precincts or overlays apply, called Local Provisions Schedules (LPSs).
In the TPS, the State Planning Provisions (the SPPs) is the written document. It gives general provisions (the rules) that apply to different land uses in each council area. These cover:
- administrative matters
- definitions of terms
- interpretation of the scheme
- operational requirements
- existing use rights, and
- how planning permit applications should be assessed
- land use zones, and
- codes.
Each council area has additional objectives and requirements that only apply to their council area, to protect unique areas or address local issues.
Generally, these rules are for changing or intensifying uses, and new uses and developments. Other rules apply to existing land use and development, and some exemptions also exist.
Each Council decides what zones, codes and overlays apply to the land in their area. This is mapped and is called the Local Provisions Schedule.
What else does it do?
The planning scheme may also be used to:
- Show land reserved for public purposes
- Give requirements for the supply of power, water, gas, sewerage and telecommunications
- Set conditions on permit approvals, and identify who says when those conditions are met (usually the TPC, relevant agency or planning authority)
- Provide that any use or development of land is conditional on an agreement being entered into under Part 5 of LUPAA
- Give directions about the staging of a development or use
- Include any other matter that LUPAA gives powers for
- Allow an application to be made to bring an existing but unconforming use of land into conformity, or greater conformity, with the scheme.
Other plans
A planning scheme may also apply, adopt or incorporate any document about the use, development or protection of land. For example, a local government might prepare a structure plan for a settlement in their area. This would be read as part of the planning scheme.
