Questions and Answers

19/03/2019

How does a planning authority demonstrate, as far as possible, that a LPS is consistent with and coordinated with any LPSs that apply to adjacent municipal areas under the LPS criteria in section 34(2)(g)?

The cumulative development of draft LPSs under the Act means circumstances surrounding the application of section 34(2)(g) will vary. In some cases, there will be no LPS in existence in the adjacent municipal area when a draft LPS is submitted to a planning authority or the Commission, as envisaged by the subsection. The Commission will therefore consider compliance with this criterion on a case by case basis in light of the circumstances at the time of the submission of a draft LPS. As a minimum, in all cases the Commission expects the planning authority’s Supporting Report for the draft LPS to provide advice on the process and outcome of formal consultation with adjoining municipalities on coordination or consistency of draft LPS provisions that applies to land in those adjoining municipal areas immediately adjacent to the boundary of the draft LPS, whether or not those adjoining municipal areas have an approved draft LPS or are in the process of developing a draft LPS. Where co-ordination and consistency is not achieved or not likely to be achieved, the details of the lack of consistency and co-ordination and why it is not practicable to achieve it should be provided, together with any planning implications that result. If a planning authority wishes to achieve co-ordination and consistency with municipal areas that are adjacent but not adjoining the municipal area, the outcomes of any consultation and the matters involved may also be included in the Supporting Report.

N/A

19/03/2019

How does a planning authority demonstrate that a LPS “has regard to the safety requirement set out in the standards prescribed under the Gas Pipelines Act 2000”, under LPS criteria in section 34.2(h)? Are declared Pipeline Corridors to be shown in the Utilities Zone? Does the Attenuation Code apply to the corridors? If so, what is the attenuation distance, as the only activities in Table C9.1 Attenuation Distances that may be relevant include:

• “Gas pressure reduction facility” at 300m; and
• “Oil and gas extraction and production” at 2000m?

Or is the corridor an overlay – like the Priority Vegetation overlay shown over all zones during the Public Consultation Phase only? If so – how should it be delineated?

Pipeline planning corridors containing underground pipelines may be zoned the same as the above ground and surrounding area, and do not need to be zoned Utilities. Pipeline facilities as defined by the Gas Pipelines Act 2000 (such as pressure reduction facilities), may be appropriately zoned Utilities depending on the nature, size and location of the facility. Pipeline planning corridors should not be shown on the planning scheme maps or included as an attenuation area shown on an overlay map, as the Attenuation Code does not apply to a pipeline corridors. Planning authorities should include a plan of the pipeline planning corridor as part of their supporting report and must show how a draft LPS has regard to the safety requirement set out in the standards prescribed under the Gas Pipelines Act 2000. Further advice from Tasmanian Gas Pipeline may assist planning authorities make the appropriate zoning provisions.

N/A

23/05/2018

Will thelist.tas.gov.au be used to display mapping during public exhibition of the LPS?

No, draft zone maps and overlay maps will be publicly exhibited in PDF format. This approach minimises data maintenance during exhibition and delays to exhibition due to data quality issues. See also section 1.0 of Practice Note 7 (PDF, 243.2 KB).

N/A

23/05/2018

Updated 13/09/2021 to reflect LUPAA amendments of 14 July 2021

What happens to draft Amendments to an IPS that are not determined before a draft LPS is submitted under Section 35 but prior to final approval of the LPS?

Refer Practice Note 15 - Draft amendments to planning schemes not determined before a Local Provisions Schedule (LPS) has effect (PDF, 144.0 KB)

N/A

23/05/2018

Updated 13/09/2021 to reflect LUPAA amendments of 14 July 2021

Does it matter what the content of the Amendment is i.e. zone, code or SAP?

Refer Practice Note 15 - Draft amendments to planning schemes not determined before a Local Provisions Schedule (LPS) has effect (PDF, 144.0 KB)

N/A

23/05/2018

Updated 13/09/2021 to reflect LUPAA amendments of 14 July 2021

If an Amendment is finalised immediately prior to submission of the LPS can these provisions 'translate' or do they need to be integrated into the LPS prior to submission and potentially reconsidered as part of the LPS.

Section 35KA provides for the Commission to include approved amendments to be incorporated in the draft LPS before the LPS is in effect.  However, the Commission may determine whether to include all such amendments.

N/A

12/05/2017

Will the Commission provide MS Word versions of the PPZs and SAPs currently in iplan?

The iplan help pages provide a walk through on how to extract PDF or MS Word versions of schemes in iplan.

The walk through is available on the help page under the heading 1.2 Planning schemes and question How to create a pdf, print & extract text.

If planning authorities are unable to extract the necessary SAP or PPZ, the Commission can provide MS Word versions on request to tpc@planning.tas.gov.au.

N/A

20/07/2017

Can a LPS contain any “active” (or strategic) zoning changes based on local strategies or the regional land use strategy?

Yes. However they need to be justified in accordance with Guideline No. 1 and the Practice Notes.

Zoning in a draft LPS needs to be justified as set out in Practice Note 6 (PDF, 179.6 KB).

A draft LPS (including zoning) must be consistent with the relevant regional land use strategy (RLUS). Local strategic analysis or strategies relied on to justify zoning, must also be consistent with the RLUS.

The Minister’s Advisory Statement - Amendment of Regional Land Use Strategies for the finalisation of draft Local Provisions Schedules, 23 June 2017 states:

‘The current process of preparing draft LPSs to give effect to the Tasmanian Planning Scheme is a priority for the Government and the efficient conversion of current interim planning schemes to the LPSs should not be unnecessarily complicated by the introduction of strategic changes that are not related to the facilitation of that process.

Notwithstanding this, the Government is aware that a number of planning authorities have a backlog of local strategic planning that was not implemented through the interim planning scheme program and represents important strategic planning for their municipal area. Where this local strategic planning has been completed, fully documented, endorsed by the relevant planning authority, and is clearly consistent with the existing RLUS, the LPS may be prepared in accordance with that. If an amendment to a RLUS is required, there needs to be agreement by the regional council group, and relevant State Agencies, before the Government will consider amendments to the relevant RLUS.’

Further information on amendments to the RLUS is set out in the Minister’s Advisory Statement.

Note: New PPZs must meet the requirements of section 32(4).

Note: This answer is a revision that replaces an answer published on 25 May 2017.

N/A

25/05/2017

Can the zoning of land under the interim planning scheme simply be converted to the equivalent zone under the SPPs without any justification?

No. While zone names in the interim planning scheme and the SPPs may be the same, zone purposes, use tables and standards in the SPP are not the same. It is necessary for a planning authority to consider the content of the SPP zone provisions and determine whether those provisions are still applicable to the land in question. This should be part of the planning authority decision making process. It will also be necessary to ensure that the zone remains consistent with the current version of the relevant RLUS.

However, the transfer of the spatial application of an interim planning scheme zone to a corresponding zone in the SPPs, is addressed in some of the zone application guidelines. See GRZ 2(a) & (b), IRZ 2, LDRZ 2, RLZ 1, AZ 2, LCZ 2(c)(but see note), MTZ 2(a) and FUZ 2 & 3.

N/A

19/05/2017

How should land be zoned if the current interim planning scheme zone is no longer available under the SPPs?

Guideline No. 1 (PDF, 463.1 KB) provides guidance for the application of each SPP zone in particular see RLZ 11, RZ 20, AZ 21 and LCZ 22.

N/A

25/10/2017

Under the IPS’s where land is currently zoned Low Density Residential, if converted to the same in the LPS’s, would result in subdivision potential not anticipated and not consistent with the STRLUS. When looking at Rural Living as the alternative, RLZ1(a) allows you to apply the RL zone to residential areas with larger lots, however, RLZ2 does not support application of this zone where there is no strategic analysis or unless the land was zoned Environmental Living under the IPS’s. This results in a difficult situation in which to allocate the zone. Is it a reasonable assumption that RLZ1 can be utilised without assessment against the conflicting RLZ2?

It is necessary for a planning authority to consider the content of the SPP Rural Living Zone provisions and determine whether those provisions are applicable to the land in question. Applying the Rural Living Zone is to be justified in accordance with Guideline No. 1 and this involves addressing RLZ1, RLZ2, RLZ3 and RLZ4, where relevant.RLZ2 has 3 alternative options, where only one of these options needs to be justified in each case. The options for justification are:-

1. Application of the Rural Living Zone is to be consistent with the relevant regional land use strategy; or
2. Application of the Rural Living Zone is to be consistent with more detailed strategic analysis that is consistent with the relevant regional land use strategy; or
3. Application of the Rural Living Zone is to land that is currently zoned Environmental Living in an existing interim planning scheme.

29/09/2017

Should the LDRZ apply to current and former shack sites and similar locations of isolated, small scale and small lot un-serviced subdivisions? And if not, what other zones are appropriate and what factors should be considered in applying the zone?

It is necessary for a planning authority to consider the content of the SPP zone provisions and determine whether those provisions are applicable to the land in question.

In considering applying the Low Density Residential Zone to current and former shack settlements, particular reference should be made to:

(a) the purpose of the Low Density Residential Zone ‘to provide for residential use and development in residential areas where there are infrastructure or environmental constraints that limit the density, location or form of development’; and

(b) the zone application guidelines, particularly, LDRZ 1, 2 and 3.

Where the purpose is protecting areas of important natural or landscape values, (see LDZR 3) an alternative zone should be considered. If considering an alternative zone such as the Landscape Conservation Zone, reference should be made to guidelines LCZ1, 2 and 4 with particular reference to LCZ 3.

It will also be necessary to ensure that the zone remains consistent with the current version of the relevant RLUS.

18/08/2017

How does the TPC/PPU propose that densities that exist within the Rural Living Zone of the Interim Planning Scheme that differ from the options available in the SPPs are translated across in the preparation of LPS (i.e. existing 5000m2 density in Brighton RLZ Area A)?

While zone names in the interim planning scheme and the SPPs may be the same, zone purposes, use tables and standards in the SPP are not the same. It is necessary for a planning authority to consider the content of the SPP zone provisions and determine whether those provisions are still applicable to the land in question.

Such provisions do not meet the definition of a SSQ or SAP under Schedule 6, Clause 1 of the Act and therefore can not be considered for inclusion in the LPS through the transitional provisions.

Guideline No. 1 (PDF, 463.1 KB), particularly RLZ 3 provides further information on differentiating between Rural Living Zone A and B etc.

Note: This answer is a revision that replaces an answer published on 9 June 2017.

20/07/2017

What are “full infrastructure services” for the purposes of applying the General Residential Zone?

The General Residential Zone Purpose at clause 8.1.1 identifies the zone is intended for land “where full infrastructure services are available or can be provided”. While the term ‘infrastructure services’ can be used to describe a range of utility infrastructure, such as telecommunications, gas, electricity, transport networks, water supply, stormwater system, and sewer, the components that are necessary for the application of the General Residential Zone are the availability of a reticulated water supply service and reticulated sewerage system. This is confirmed by GRZ 1(b) and GRZ 2(d) in Guideline No. 1 (PDF, 463.1 KB).

18/08/2017

The appropriate allocation of a zone to business/retail areas that are separate from a main Central Business District (CBD) area, isn’t clear.

While the Guideline refers to the relevant regional land use strategy, the Cradle Coast Regional Land Use Strategy (CCRLUS) identifies Devonport as a Regional Activity Centre, however, no guidance is afforded as to the designation of an appropriate zone for business/retail areas away from the CBD (e.g. the Fourways and East Devonport shopping precincts).

These established retail/business precincts are separated from the main CBD area to the extent that the application of Central Business zoning is not considered appropriate, however, their size and scale (and the business/retail services they provide) perhaps extend beyond that which is identified under a Local Business zone designation.

Would the application of a General Business zone to the abovementioned areas be appropriate?

The appropriate zoning for land within an activity centre that does not meet the hierarchy requirements will depend on the current or intended function of those areas.

Guideline No. 1 (PDF, 463.1 KB) particularly LBZ 2, GBZ 2 and CBZ 2 provide guidance. It is necessary for a planning authority to consider the content of the SPP zone provisions, especially the zone purpose, to determine whether those provisions are applicable to the land in question.

LBZ 1, LBZ 3, LBZ 4, GBZ 1 and CBZ 1 read in conjunction with the zone purpose, provide additional clarification on the location and intended function of different business precincts.

N/A

13/07/2017

Can the Village Zone be applied to land that is currently undeveloped?

Yes, the Village Zone can be applied to land that is currently undeveloped.

The main purpose of the Village Zone is to provide for “small rural centres with a mix of residential, community services and commercial activities”. The Village Zone may be applied to undeveloped land for a small rural centre if the strategic intention is to provide for a mix of residential, commercial activities and community services.

Zoning in a draft LPS needs to be justified as set out in Practice Note 6 (PDF, 179.6 KB), Appendix A.

Where new Village zoning is proposed it must be consistent with the relevant regional land use strategy (RLUS), or supported by more detailed local strategic analysis consistent with the relevant regional land use strategy and endorsed by the relevant council.

Guideline No. 1 (PDF, 463.1 KB) provides guidance on the application of the zone, in particular see V1, V3 and V4.

N/A

19/05/2017

Can the Agriculture Zone be applied to small sized properties?

If so, won’t the large setback require dwellings to be placed in the centre of properties in a manner that will adversely impact on the future agricultural use of the property?

Yes. The Agriculture Zone may be applied to small sized properties. Smaller titles are, and can be, used in a variety of ways for viable agricultural uses.

The purpose of the Agriculture Zone is not to provide for residential use. Residential uses are discretionary with a number of specific criteria to be met to obtain approval. The setback requirements are designed to ensure that residential use does not unreasonably conflict with agricultural uses.

N/A

19/05/2017

Can planning authorities modify the agricultural land mapping for the purposes of applying the Agriculture Zone, and if so what justification is needed to support such changes?

Planning authorities may apply the Agriculture Zone to areas that are different to the land included in the ‘Land Potentially Suitable for Agriculture’ layer published in the LIST.

Further detail is provided in AZ 1 through to AZ 6.

See the note after AZ 7 for further background information.

N/A

22/4/2021

Is the Landscape Conservation Zone (LCZ) the best zone for applying to large areas of vegetated land in private ownership?

It can be, but not in all cases.  Sometimes application of the Environmental Management Zone (EMZ), Rural Zone (or another zone) may be appropriate to satisfy Guideline No. 1 or the regional strategy.  For these zones, the natural assets code can be applied to protect areas of priority vegetation.

The purpose of the LCZ is to provide for the protection, conservation and management of landscape values, as well as to provide for complementary use or development which does not adversely impact on the protection and conservation and management of the landscape values.

LCZ1 and LCZ2 of Guideline No.1 outline considerations that are relevant to determining whether the attributes to establish landscape values exist in relation to particular areas of land. This can include important scenic values.

As well as the provision of information about the particular landscape values attributes, consideration needs to be given to the particular local and site contexts and demonstration of good strategic planning principles, including consistency with Guideline No. 1 and the regional strategy, in determining the most appropriate zone to be applied to large areas of vegetated land in private ownership.

N/A

22/4/2021

What is the most appropriate zone for land with a conservation covenant?

Guideline No.1 for both the Landscape Conservation Zone (LCZ) and Environmental Management Zone (EMZ) indicate that land which contains a conservation covenant will invariably have values that can result in the land being suitable for zoning in either the EMZ or LCZ.

But that land may also be suitable for inclusion in the Rural or Agriculture Zone (and potentially others such as Rural Living).  The values that are identified in the conservation covenant are managed or protected by the terms of the covenant and that management or protection is not dependent on the zoning of the land for land use planning purposes. Determining the zone to apply to land with a conservation covenant needs to be balanced with application of zones based on sound planning principles, such as, minimising spot zoning and applying the zoning that satisfies the Guideline No. 1 and the regional strategy.

The application of zoning, as the primary method of the control of use and development, should firstly be undertaken irrespective of whether a covenant applies, with weight given to the existence and content of a covenant when multiple zoning options may be available.

Therefore, the LCZ should not simply be applied on the basis that a conservation covenant is in place.  However, areas that have extensive conservation covenants (such as, a cluster of many, a large area, or both, or connectivity with other land zoned for similar values) may demonstrate good strategic planning merit for applying this zone.

Where a conservation covenant applies to a small portion of a large landholding that is appropriately zoned Rural or Agriculture or another relevant zone, it may not be appropriate or necessary to apply the LCZ to the area covered by the covenant as the values will be protected by the terms of the covenant, and at the same time be compatible with the wider use of that land.

N/A

26/07/2018

Can the Future Urban Zone be applied to areas that are likely to become Rural Living after further master planning?

Yes, the Future Urban Zone can be applied to land that is being considered for its suitability of future urban development even if through structure or master planning it may become evident that some portions may only be suitable for rural living.

N/A

10/07/2018

How should roads, not included in the LIST 'State Road Casement' layer be zoned?

UZ 1(a) and UZ 2 of Guideline No. 1 set out that the roads within the 'State Road Casement' layer should be zoned Utilities.

UZ 1(b) and (c) set out that other major roads, including those listed in Table C3.1 of an LPS, and future road corridors for other major roads or State roads should also be zoned Utilities.

Planning authorities may also apply the Utilities Zone to local roads (or road casements) not listed in Table C3.1, where application of the zone is consistent with the Zone Purpose.

Minor roads or residential streets should generally be zoned the same as the surrounding land.

Portions of land zoned Utilities in an IPS, but outside the 'State Road Casement' layer, should be allocated to an appropriate zoning by the planning authority, and advice of any significant change detailed in the supporting report.

N/A

07/06/2018

Code application guideline UZ 4 states “the Utilities Zone may be applied to land for water storage facilities for the purposes of water supply directly associated with major utilities infrastructure, such as dams or reservoirs”.

As UZ 4 implies the Utilities Zone may or may not be applied in such instances, can the guideline be clarified?

Has TasWater provided any advice as to the preferred zoning of land containing TasWater infrastructure such as water supply reservoirs?

Code application guideline UZ 4 is purposely not directory in nature as the zoning appropriate to water storage facilities will vary depending on considerations, such as RLUS policies, the qualities of the land, surrounding zoning and the nature of the infrastructure itself.

Generally the water supply/water storage associated with utility infrastructure would be zoned the same as the surrounding land, such as an Environmental Management Zone, Rural Zone or Agriculture Zone.

The Utilities Zone should be applied to major utility infrastructure in accordance with UZ 1 and the Utilities Zone may be extended to the associated water supply/water storage, such as a dam, reservoir and lake, if the management and use of the water supply/water storage and the associated major utility infrastructure is inextricably linked.

While no advice on preferred zoning of specific infrastructure has been sought from TasWater, Planning Authorities may seek advice as part of preparation of their LPS.

N/A

19/05/2017

Is the Community Purpose Zone intended to apply to junior schools which draw their students from the surrounding residential catchment?

What about community halls, places of worship and cultural facilities?

The Community Purpose Zone should be applied to key community facilities, such as schools and large community halls and places of worship. The focus is on the size and scale of the use and development rather than a residential catchment for a school etc.

Further detail is provided in CPZ 1 and CPZ 2.

N/A

19/05/207

Is it an automatic requirement to zone land seaward of the high water mark (HWM) Environmental Management Zone?

What distance should this zoning extend from the HWM?

Guideline No. 1 (PDF, 463.1 KB) provides guidance on this issue in particular see EMZ 2, LIZ 4, GIZ 6, PMZ 2, UZ 5, RecZ 3 and OSZ 2.

There is no prescribed or recommended distance for the extent of zoning beyond the HWM, but reference should be made to what is enabled by section 7 of the Act and the extent of the current scheme.

All land seaward of the HWM within the municipal area (such as the Huon River estuary and Port Esperance) must be zoned.

N/A

27/09/2017

Should local area objectives follow the wording used in the SPP objectives in each standard, which mostly start with the word ‘that’ but a few do start with the words ‘to minimise’?

Is it acceptable to use introductory words such as; ‘To provide’, To encourage’ or ‘To achieve’?

Reference is made to LAOs in LP1.3 and Practice Note 8 (PDF, 237.1 KB). General advice on drafting principles, conventions and style is set out in Practice Note 5.

LP 1.3.3 requires that the area covered by a LAO must be identified in an overlay map. Just as there is to be certainty about the area of application of a LAO, the purpose and intent of the LAO must be drafted in clear and precise language. However, it is recognised that, of their nature, LAOs identify and state the planning outcomes that are sought to be achieved and provide assistance with discretionary decision making. Using introductory words such as ‘to provide’, ‘to encourage’ or ‘to achieve’ (or similar) are appropriate depending on the situation or circumstance to which the LAO is directed.

Recognising that LAOs are intended to indicate a desired outcome linked to the exercise of discretion, statements specifying mandatory outcomes are to be avoided, for example, using terms such as ‘must’ or ‘ensure’ and other qualifiers that are absolute.

Note: this answer is a revision to reflect an amendment to Practice Note 8 (PDF, 237.1 KB) and replaces an answer published on 25 May 2017.

N/A

12/05/2017

How do you populate the LPS when there are no local area objectives?

If there are no local area objectives for any zones, excluding a PPZ or SAP, populate the LPS as follows:

• <prefix>-Local Area Objective
• This clause is not used in this Local Provisions Schedule.

If there are local area objectives for some zones, but not others, excluding PPZs, only include the relevant zone’s local area objective table.

For PPZs refer to clause LP1.4.2 of the Local Provisions Schedule Requirements in the State Planning Provisions.

For SAPs refer to clause LP1.5.2 of the Local Provisions Schedule Requirements in the State Planning Provisions.

Further Information on populating local area objective tables is set out in Practice Note 8.

N/A

25/11/2019

What is the format for the operational provisions for a PPZ clause that is intended to override a code provision?

Where a PPZ clause is intended to override a code provision, the operational provisions in the PPZ are to be inserted under the relevant PPZ clause number, with the following drafting approach:

This sub-clause overrides the [XXXX] Code – clause [CX.X.X] – [clause name][Acceptable Solution or Performance Criterion number as applicable, such as A1 and P1].

For example:

HOB-P10.6.11 Third party signs

This sub-clause overrides the Signs Code – clause C1.6.3 Third party signs.

Note: a PPZ cannot override the provisions in clauses 3.0 - 6.0 or the general provisions in clause 7.0.

N/A

25/11/2019

Should local area objectives apply to the whole area of a PPZ or SAP?

Local area objectives should only apply for part of a new PPZ or SAP such as in a precinct area.

Where the intention is to apply objectives to the whole area of a new PPZ or SAP, these statements should be included in the purpose statement rather than as separate local area objective. The consideration of the matter under the operational clauses of the TPS has the same effect. This also removes the need to map the local area objectives on an overlay.

See also Guidelines for local area objectives.

PPC109 - Guidelines for Local Area Objectives (PDF, 117.0 KB)

23/05/2018

How should planning authorities identify the permitted alterations to transitioning PPZs, SAPs, SSQs?

The Act provides the Commission with the discretion to determine whether alterations to transitioning PPZs, SAPs and SSQs are permitted alterations.

Permitted alterations to PPZs, SAPs and SSQs, must be for a purpose specified in Schedule 6, clause 8C(3)(a), (b), (c)(i), (c)(ii) or (d) of the Act.

It’s the responsibility of the planning authority to undertake drafting of permitted alterations.

Refer to the attachment for how to identify permitted alterations in the supporting report.

PPC77 - Example - supporting report list of permitted alterations and modifications (PDF, 89.1 KB)

23/11/2017

What is the difference between a SSQ and a SAP? When should they be used?

SAPs and SSQs both apply to a particular area of land and operate in addition to, substituting or modifying a SPP provision, or provisions.

The LPS requirements provide for the structure of SAPs and SSQs. The structure of a SAP is able to provide for a broader range of planning issues than a SSQ.

A SAP should be applied to a larger area of land than a SSQ. A SSQ is suited to a specific use or development for one or a limited number of adjacent titles.

N/A

23/11/2017

Can provisions be added to, or deleted from, a SAP or PPZ, that is subject to the transition provisions under Schedule 6 of the Act? In effect, can the policy of a transitioning SAP or PPZ be altered?

No, the policy position in a SAP or PPZ cannot be changed through the transition process.

The Act specifies in clause 8 and 8A of Schedule 6 that certain PPZs and SAPs in existing interim planning schemes can be transitioned to a LPS with ‘permitted alterations’ as defined under subclause 8C(3). The permitted alterations are limited to:

• conforming to the requirements of the SPPs;
• reflecting terminology used in the SPPs;
• the LPS contains provisions that are appropriately numbered and correctly referenced; and
• ensuring the provisions achieve the effect intended.

However, if it is proposed to amend a SAP or PPZ other than the permitted alterations, a new SAP or PPZ may be prepared and must address section 32(4) of the Act.

Note: see – an approach to applying section 32(4) (PDF, 132.6 KB) on the portal.

N/A

27/09/2017

What is the difference between a PPZ and a SAP? When should they be used?

PPZs and SAPs serve different purposes. A PPZ is a means of providing an entirely different set of zone provisions (i.e. zone purpose, use table, use standards and development standards) for a particular area to that achieved by one or more zones contained in the SPPs. An example of a PPZ is University campuses where the mix of uses is unable to be delivered through a SPP zone and the overarching management of the place indicates that multiple zones would not be appropriate. For further guidance on the content and drafting of PPZs refer to clause LP1.4 of the Local Provisions Schedule Requirements in the State Planning Provisions.

A SAP applies in addition to one or more SPP zones and consists of provisions that apply to a specific area of land in addition to, in modification of, or in substitution for provisions in the underlying SPP zone or zones. A SAP may apply over one or more underlying SPP zones. Unlike a PPZ, it is not necessary for a SAP to provide a self-contained set of use and development provisions for the specific area as the underlying SPP zone provisions will also apply, unless overridden by the terms of the SAP. It is only necessary for the SAP to include provisions that are intended to apply in addition to, or in place of, some of the underlying zone provisions. An example of a SAP, is incorporating the provisions of a Master Plan for a unique site.

For further guidance on the drafting and contents of SAPs refer to clause LP1.5 of the Local Provisions Schedule Requirements in the State Planning Provisions.

Guideline No. 1 - LPS zone and code application (PDF, 463.1 KB) provides guidance on the application of particular purpose zones, in particular see PPZ 1.

Note: further information on transitional provisions for PPZs and SAPs is set out in the Minister’s Advisory Statement – Transitional Arrangements for Existing Provisions (PDF, 254.4 KB).

Note: this answer is a revision to reflect amendments to Guideline No. 1 and replaces an answer published on 13 July 2017.

N/A

13/07/2017

Can a planning authority propose a new PPZ or SAP in their draft LPS if there is not one for that particular area in the current planning scheme?

Yes, a new PPZ or SAP can be proposed as part of a draft LPS if one is not currently in place for that area under the current planning scheme.

A new PPZ or SAP must meet the LPS criteria [section 34(2) of the Act] and one of the requirements of section 32(4) of the Act.

Practice Note 6 (PDF, 179.6 KB), particularly appendix A, provides guidance on the justification required for a new PPZ or SAP.

N/A

12/05/2017

How do you populate the LPS when there are no PPZs, SAPs or SSQs?

If there are no PPZs, SAPs or SSQs within a LPS, populate the LPS as follows:

• <prefix>-Particular Purpose Zones
• There are no particular purpose zones in this Local Provisions Schedule.

OR

• <prefix>-Specific Area Plans
• There are no specific area plans in this Local Provisions Schedule.

OR

• <prefix>-Site-specific Qualifications
• There are no site-specific qualifications in this Local Provisions Schedule.

Information on drafting PPZs, SAPs and SSQs is set out in Practice Note 8 (PDF, 237.1 KB).

N/A

12/05/2017

How do you populate the LPS when there are no local area objectives?

If there are no local area objectives for a PPZ or SAP, include the relevant heading and under the heading insert either, the words:

This sub-clause is not used in this particular purpose zone.

OR

This sub-clause is not used in this specific area plan.

This is set out in clauses LP1.4.2 and LP1.5.2 of the Local Provisions Schedule Requirements in the State Planning Provisions.

N/A

4/01/2018

Does clause C5.2.1 allow for the entire Telecommunications Code to be replaced by standards in a PPZ?

Or does it only allow for modification of and additions to the standards in the SPP Code?

Yes, C5.2.1 allows for provisions in a PPZ to override any part of the Telecommunications Code.

Note: a PPZ cannot override the provisions in clauses 3.0 - 6.0 or the general provisions in clause 7.0.

N/A

4/01/2018

Does clause C2.2.1 allow for the entire Parking and Sustainable Transport Code to be replaced by standards in a PPZ?

Or does it only allow for modification of and additions to the standards in the SPP Code?

Yes, C2.2.1 allows for provisions in a PPZ to override any part of the Parking and Sustainable Transport Code.

Note: a PPZ cannot override the provisions in clauses 3.0 - 6.0 or the general provisions in clause 7.0.

N/A

8/12/2017

Does clause C1.2.1 allow for the entire Signs Code to be replaced by sign standards in a PPZ?

Or does it only allow for modification of and additions to the standards in the SPP Signs Code?

Yes, C1.2.1 allows for provisions in a PPZ to override any part of the Signs Code apart from C1.4.1, C1.4.2 or C1.4.3.

Note: a PPZ cannot override the provisions in clauses 3.0 - 6.0 or the general provisions in clause 7.0.

N/A

15/04/2019

Can planning authorities include new specific area plans for dispersive soils and what are the justification requirements?

Yes, planning authorities can propose a new SAP for dispersive soils in their draft LPS.

The title of a dispersive soil SAP should reflect the locality within the municipal area where the SAP applies.

As with all new SAPs, justification of how a dispersive soil SAP meets the LPS criteria [section 34(2) of the Act] and one of the requirements of section 32(4) of the Act, must be included in the Supporting Report.

Practice Note 6 (PDF, 179.6 KB), particularly Appendix A, provides guidance on the general justification required for a new SAP.

The identification of a dispersive soils SAP area must be based on documented evidence of dispersive soils, or based on and consistent with, a report prepared by a suitably qualified person.

The evidence or report, must detail the specific location(s) of the dispersive soils, including the sodic soil content. Any expert report should either be included, or referenced in, the supporting report prepared for the draft LPS.

It is expected that any report by a suitably qualified person, will have regard to either Hardie, M (2009): Dispersive Soils and their Management: Technical Reference Manual (PDF, 2.7 MB) and DPIW (2009), Dispersive Soils and their Management – Guidelines for Landowners, Planners and Engineers (PDF, 527.8 KB), or other similar technical publications in relation to the identification, location and management of dispersive soils.

N/A

19/03/2019

The current NMC Interim Scheme F1 Translink Specific Area Plan includes Use and Development Standards under the sub-clause of F1.4.1 Subdivision; yet several are clearly Use Standards and others are clearly Development Standards that apply whether there is subdivision or not.

Is it appropriate to split them out and re-sort them in the transition phase to improve clarity of reading the provision? If so we are not changing the existing provisions, just reorganizing them into more logical groupings.

It is appropriate to reorganise standards to fit within the LPS structure as a permitted alteration for the purposes of Schedule 6 clause 8C(3) of the Act.

N/A

27/11/2017

How should SAPs be drafted to ensure that they are in addition to, modify or substitute zone provisions?

Yes, a SAP needs to be clear whether it is modifying, substituting or in addition to a provision, or provisions, of the SPPs. The Act provisions require a different approach to that existing in interim planning schemes in that it is now necessary to specify whether provisions are modifying, substituting or in addition.

Note: see – SAP application clause drafting principles and examples (PDF, 119.6 KB) on the portal.

N/A

18/08/2017

Practice Note 8 describes use of the term ‘no uses’ for SAP’s where there are not specified uses. If there is nothing in the use table should the wording ‘This subclause is not used in this specific area plan’ be applied?

Yes, LP1.5.2 of the Local Provisions Schedule requirements in the SPPs provides guidance on how to draft a SAP that does not include any subclauses under the headings: definition of terms; Use Table; Use Standards, Development Standards for Building and Works; or Development Standards for Subdivision. It confirms that where a sub-clause is not used then the wording ‘This subclause is not used in this specific area plan’ is applied.

Note: further information on drafting the content of subclauses is set out in Practice Note 8 (PDF, 237.1 KB).

N/A

13/07/2017

If you wish to rely on the applicable zone for the tables of use, is that section simply omitted from the SAP – or do you have to repeat the zone tables?

If you intend to rely on the Use Table(s) in an underlying zone(s), the Use Table in a SAP can be omitted.

Further guidance on omitting a SAPs Use Table is set out in clauses LP1.5.2 of the Local Provisions Schedule Requirements in the State Planning Provisions.

N/A

23/06/2017

How do you format and number SAPs where there are multiple precincts and each precinct has separate use tables, use standards, development standards for building and works and development standards for subdivision?

Refer to attachment.

PPC36 - Numbering Multiple Precincts (PDF, 438.6 KB)

9/06/2017

If a SAP contains precincts or multiple use tables or is overlaid over more than one zone with different use statuses, how should these be shown?

SAPs in interim planning schemes have used two methods for dealing with precincts in the SAP or where the SAP is overlaid over more than one zone with different uses. These methods include:

1. using a single Use Table in the SAP and qualifying relevant Use Classes by reference to the precinct or zone; or
2. including a Use Table for each precinct within the SAP or zone within the SAP.

Both these methods are suitable for a draft LPS.

N/A

9/06/2017

Can you please advise the preferred approach for listing use subclasses as qualifications in SAPs or PPZs?

The SPPs provide several options either as a single line or with numbered points.

For example:

If for a place of worship, art and craft centre or public hall

Vs

If for:
(a) a childcare centre or primary school; or
(b) an existing respite centre.

Are they only split out into (a), (b), (c), etc if one of the subclasses has an extra stipulation i.e. ‘an existing respite centre’ and ‘sales related to Resource Development’?

Yes. Generally Use Table qualifications in the SPPs have not been split into points where the qualification is a simple list of uses.

Where a Use Table qualification involves more than one use and one or more of the uses has an extra stipulation, separate points are applied.

N/A

9/06/2017

Looking at the Table 2: Example of local area objective drafting for a PPZ or SAP in Practice Note 8 (PDF, 237.1 KB), it looks like the area description should be numbered to reflect each LAO and then mapped.

If a SAP has 8 LAOs and they ALL apply to the site the overlay map is going to be very ‘busy’ (with 8 separate LAO) for a fairly small site - is this the intent?

The answer is no, individual objectives applying to the same area should be grouped.

Unless it is necessary to spatially show objectives for different precincts or sub-areas of the SAP, the LAO can be shown on one overlay with each individual objective listed and numbered within one row of the LAOs column, such as:
The local area objectives for Hobart Show Ground are:
(a) to recognise… (b) to facilitate…
See pages 2 and 3 of Practice Note 8 (PDF, 237.1 KB) and page 6 of Practice Note 7 (PDF, 243.2 KB).

Note: when drafting LAOs it is necessary to consider whether the LAO will have application in decision making.

N/A

2/06/2017

Is it expected that the SAP Use Table will provide all possible uses for that zone and their status, or is expected that the use table within the SAP will only include uses that differ from the use table for the zone?

Section 32(3)(b) of the Act enables an LPS to include provisions (a SAP) that apply to land that are in addition to, in modification of, or in substitution for a provision or provisions of the SPPs, if the SPPs permit that. This is permitted by clause 5.3.1 of the SPPs.

However, a SAP must meet one of the requirements set out in s32(4). Should that test be met, the nature and extent of the provisions of a SAP will depend on the planning outcome sought to be achieved.

A SAPs Use Table is in substitution to a zone’s Use Table. Within a SAPs Use Table, ‘Prohibited’ uses include ‘All other uses’, which is all uses not listed in the SAPs Use Table.

This means that unless there is no Use Table in the SAP, it is necessary to list all Use Classes, including those listed in an underlying zone, that are intended to apply to the SAP.

Note: section 33 of the Act sets out the rules for resolving inconsistency between provisions in the SPPs and the provisions of the LPS.

N/A

29/09/2017

Can SSQ’s be used to modify use tables to introduce a Residential Use Class for caretaker’s residences/cottages in industrial zones, instead of relying on clause 6.2.2, that provides for a use that is directly associated with and a subservient part of another use on the same site?

N/A

18/08/2017

Practice Note 8, page 6 describes showing multiple properties subject to a SSQ on a zone map. Can you explain the circumstances (or preferences) whereby a series of SSQ’s that substitute the development standards of a zone on multiple title adjoining titles, would be done as spatially defined SSQ’s in preference to a SAP? Is it a matter of degree in regard to the provisions to substitute? For example a provision that only deals with subdivision density/minimum lot size in a prescribed area.

It’s anticipated that an SSQ will only modify, be in substitution for, or in addition to a single provision on a single title or number or contiguous titles.

In contrast, a SAP must include provisions for the Plan Purpose and Application and at least one Use Table, Use Standard, Development Standards for Building and Works or Development Standards for Subdivision that is in modification of, in substitution for or addition to a provision or provisions of the SPPs. The particular area of land that a SAP delineates on a map or overlay can be non-contiguous, instead of being limited to a single title or number of adjoining titles.

The appropriateness of applying a SSQ or SAP for a provision that only deals with subdivision density/minimum lots in a prescribed area will then depend on the area it is being applied to and whether the intention is to modify, be in substitution to or addition to one or more than one provision.

N/A

2/06/2017

When preparing SSQ’s where do we put the controls that are referenced in the SSQ Table?

The templated table enables the identification of the clause within the scheme to which the SSQ relates, but it does not provide a place for the detailed SSQ control.

For example, when wanting to add an additional acceptable solution and performance criteria to a standard, where do we enter the detail of these additional requirements, and in what format?

The provisions in a SSQ that modify, are in substitution for, or are in addition to, a provision or provisions of the SPPs, should be set out in the Description column of the SSQ list. The template for the list is set out in Appendix A – Local Provisions Schedule Structure of the SPPs.

Further drafting guidance for SSQs is set out in Practice Note 8 (PDF, 237.1 KB), Table 3 – Drafting SSQs.

The first part of the description must specify if the SSQ modifies, is in substitution for, or is in addition to a SPP clause.

It is anticipated that where a whole SPP provision is substituted or an additional provision added, it would have the same format as the SPP provision.

SSQs that modify may be more easily drafted as directive text such as, Subclause 13.3.1 A1 (b) is modified as follows: (b) nil on Sundays and public holidays.

N/A

25/11/2019

Does all the content of code lists need to be completed?

No, but only where information is not required to be provided, such as where the Minister has declared, under Schedule 6 clause 8D(5), that requirements of the SPPs don’t apply to specific code-applying provisions or where it is appropriate to insert ‘not applicable’ (see section 7.4 of Practice Note 8 (PDF, 237.1 KB)).

In all other cases, the LPS requirements of the SPPs in LP1.8.1 and LP1.8.2, set out that all information requirements are to be completed in the code lists, unless the code list is not used in the draft LPS.

Information on completing the content of code lists is provided in Practice Note 8 (PDF, 237.1 KB).

Further information on Schedule 6, clause 8D(5) and (6) of the Act is provided on page 5 of the Minister’s Advisory Statement – Transitional Arrangements for Existing Provisions (PDF, 254.4 KB).

Note: This answer is a revision that replaces the answer published on 15 April 2019.

N/A

15/04/2019

Can additional information be added to code-applying provisions?

Yes, planning authorities may add new information in code lists to code-applying provisions, either as new list items or as additional details to transitioning items. For example, where a scenic protection area overlay transitions, the content of the code list must be completed; or where a local historic heritage place transitions, planning authorities may add new content where the interim planning scheme does not include this information, for example, a statement of local heritage significance and historic heritage values.

Where new information is added to a code-applying provision, the supporting report should clearly differentiate between the transitioning and new content.

Where code-applying provisions include information in code lists, the transitioning content may only be modified for a purpose specified in Schedule 6, clause 8D(8)(a), (b) or (c) of the Act.

N/A

23/05/2018

How should planning authorities identify modifications to code-applying provisions?

The Act provides the Commission with the discretion to determine whether alterations to code-applying provisions are modifications under the Act.

Modifications to code-applying provisions must be for a purpose specified in Schedule 6, clause 8D(8)(a), (b) or (c) of the Act.

It’s the responsibility of the planning authority to undertake drafting of modifications.

Refer to the attachment for how to identify modifications to code-applying provisions in the supporting report.

PPC82 - Example - supporting report list of permitted alterations and modifications
(PDF, 89.1 KB)

20/07/2017

What form should codes that exist in interim planning schemes and do not presently exist in the SPPs, such as the Quoin Ridge Code and Brighton Horse Racing Code, be drafted into an LPS?

The Minister’s Advisory Statement - Transitional Arrangements for Existing Provisions, 23 June 2017, sets out the process for considering the transition of existing provisions, including those in existing codes.

Note: This answer is a revision that replaces an answer published on 9 June 2017.

N/A

23/11/2017

There has been some confusion regarding the spatial application of flood prone areas. The SPPs allow the flood prone areas to be identified by an overlay or based upon Council’s knowledge and also provides opportunity for further information requests based on this knowledge. I notice, however, that the guidelines keep referring to an overlay for the flood prone areas whether it is informed by known areas or areas where planning authorities may utilise their own data. If it referred to a “flood prone hazard area” this would be better and more consistent with the SPPs but it seems to allude to an overlay being required by the guidelines which conflicts with the intent of the SPPs to allow greater flexibility. If Councils follow the SPP’s logic, there will be instances where compliance with the guidelines cannot be demonstrated. It is therefore questioned whether the guidelines should be amended or will the Commission be satisfied with compliance with the SPPs only.

In relation to LP1.0 – Local Provisions Schedule Requirements. LP1.7.10 requires that the LPS must contain an overlay. It would appear that the SPPs are worded to allow for no overlay which is the same as how the similar Code works under the IPSs.

Under the definition of a flood-prone hazard area in clause C12.3.1 of the SPPs and the application clause C12.2.1, the Flood Prone Areas Hazard Code may be applied to land in two ways:
by way of an overlay map; or
as identified in a report prepared by a suitability qualified person,
A draft LPS should include any existing overlays regarding river flooding.

Where data is currently available, for certainty, showing the flood-prone areas on an overlay is preferred to relying on a specialised report. Refer to FPHAZ 2 of the Guideline No. 1 - LPS zone and code application (PDF, 463.1 KB).

In instances where coastal inundation contributes to river flooding, the Coastal Inundation overlay must be used instead (see previous advice 9/11/2017).

In relation to LP1.7.10 the reference to flood-prone areas means any flood-prone area that is already mapped and suitable for inclusion as an overlay in the LPS, including where it is already shown on an interim planning scheme overlay. It does not refer to known flood-prone areas for which there is no map or no overlay.

N/A

9/11/2017

1A. Does clause C12.2.5 in the Flood-Prone Areas Hazard Code mean that the Coastal Inundation Hazard Code overrides the Flood-Prone Areas Hazard Code?

1B. In areas subject to both riverine and coastal flooding hazards, could the Flood-Prone Areas Hazard Code be used in place of the Coastal Inundation Hazard Code for the assessment of flooding hazards?

2. What level of supporting documentation needs to be provided to support a modification to the coastal inundation hazard area mapping prepared by DPAC to reflect a more detailed flood study for a particular area?

3. Could a SAP be prepared to address coastal and riverine flooding for a specific location?

4. Can a SAP include exemptions in a similar manner to codes?

1A. No. The Coastal Inundation Hazard Code does not override the Flood-Prone Areas Hazard Code. Clause C12.2.5 instead ensures there is no duplication of assessment of flooding hazards against the two codes.

1B. No. Planning authorities will need to apply the Coastal Inundation Hazard Code to areas subject to coastal inundation hazards. This ensures the code integrates as required with the Building Regulations 2016, the Building Act 2016 and any future Director’s Determination on coastal inundation.

The coastal inundation hazard area overlay and the coastal inundation hazard bands AHD levels prepared by DPAC may be modified to address coincident flooding issues associated with riverine and coastal flooding. Modifications to the DPAC mapping and AHD levels will need to be appropriately justified through the assessment of the draft LPS.

2. The supporting information would need to establish why the coastal inundation hazard area mapping prepared by DPAC is not suitable to manage the issue in this area and provide justification for the chosen method to manage the issue. A study in relation to flooding issues in that area would need to form part of the justification and be prepared by a suitably qualified person and endorsed by Council, in additional to any other relevant information required as set out in Practice Note 8 (PDF, 237.1 KB).

3. A new SAP would need to meet the LPS criteria, particular section 32(4) of the Act. The Coastal Inundation Hazard Code will need to be applied to areas subject to coastal inundation hazards to ensure that the code integrates as required with the Building Regulations 2016, the Building Act 2016 and any future Director’s Determination on coastal inundation. The SAP may then include any provisions relating to use or development that are in addition to, modification of, or substitution for, the provisions in the Coastal Inundation Hazard Code, provided they do not seek to duplicate any building controls administered through the Building Regulations, Building Act, or Director’s Determination.

4. The LPS requirements in Appendix A of the SPPs set out the required structure for a SAP. The structure for a SAP does not specifically provide for exemptions in the same manner as a code. However, the “Application of this Plan” clause in the SAP may be used to specify the uses or developments that are or not subject to the SAP provisions.

N/A

22/05/2017

What provisions are there to modify the State hazard overlays based on relatively obvious errors in the mapping or to update broad-scale coastal erosion investigation area without incurring expensive investigations? Are there processes or mechanisms existing within State agencies to address such issues through the publication of revisions to the LIST website rather than modify through the LPS process?

Changes to the State hazard overlays for obvious errors (such as the coastal inundation hazard area extending below the mean high water mark), should be a matter of fact and should be set out in the supporting report (without requiring a report prepared by a suitably qualified person).

Updating coastal erosion investigation areas requires a report supported by a suitably qualified person. If updating is reliant on a pre-existing report prepared for the planning authority by a suitably qualified person (that applies the thresholds specified in Guideline No. 1), no additional report from a suitably qualified person is required.

The State mapping of the coastal erosion hazard areas, coastal inundation hazard areas or landslip hazard areas were produced under a project managed by the Department of Premier and Cabinet (DPAC).

DPAC are developing a policy for updating the State mapping that may consider updates to the State mapping after modifications are made through the LPS process.

N/A

19/05/2017

The guidelines refer to the ability to modify State hazard overlays to reflect existing IPS control or in accordance with a suitably qualified person report.

At what point in the process should a suitably qualified person report be presented and what is the process for it to be accepted? And what if any other advice from agencies will be required?

Any report by a suitably qualified person, relied upon to justify a change to State hazard overlays, should be provided with the supporting report, when the draft LPS is submitted.

Specific advice from State agencies concerning a change to the State hazard maps, is not required, but would assist in confirming that applied thresholds are met or otherwise in justifying the changes.

The Commission or Minister may seek advice from State agencies during consideration of the draft LPS. Further information on the supporting report requirements is set out in Practice Note 6 (PDF, 179.6 KB) appendix A.

N/A

19/05/2017

What is the specific process for local government to modify the coastal erosion, coastal inundation and landslide hazard mapping for inclusion in the LPS as overlays?

LP1.7.8, LP1.7.9 and LP1.7.12 provide for the modification of the prescribed mapping.

Further detail is provided in CEHZ 1, CIHC 1, CIHC 2, LHC 1 and Practice Note 6 appendix A.

N/A

25/11/2019

What information is to be provided if adding a new Tasmanian Heritage Register place to Table C6.1 – Local Heritage Places in the LPS?

LP1.8.1 of the SPPs requires that all information requirements are to be completed in the tables.

The THR listing should be reviewed by a suitably qualified person and revised as necessary to meet a criterion in the definition of local historic heritage significance in sub-clause C6.3.1 of the SPPs.

N/A

24/04/2018

Can areas identified as containing or potentially containing significant Aboriginal heritage be encompassed by the Local Heritage Code, in particular the provisions of C6.8 relating to Places or Precincts of Archaeological Potential?

No, the intention of the code is the same as the Historic Cultural Heritage Act 1995, which specifically excludes places of Aboriginal heritage significance. Aboriginal heritage is covered by the provisions of the Aboriginal Heritage Act 1975.

Amendments to the SPPs have inserted clause C6.1.2, that clarifies the application of the code.

Note: this answer is a revision to reflect amendments to the SPPs, effective on 19 April 2018, and replaces an answer published on 23 June 2017.

N/A

19/05/2017

Is it necessary for local heritage places to be shown in an overlay map?

No. This is discretionary as set out in clause LP1.7.4(b) of the Local Provisions Schedule Requirements in the SPPs.

N/A

1/08/2018

Can the waterway and coastal protection area be applied to land covered by water?

If so, does the waterway and coastal protection area need to be applied by a mapped overlay?

Yes, the waterway and coastal protection area can be applied to land covered by water.

How the waterway and coastal protection area applies to land covered by water depends on if the land is a waterway, wetland or below the high water mark of tidal waters.

For waterways and wetlands: Table C7.3 states that the waterway and coastal protection area includes the waterway or wetland itself (i.e. between the top of the banks on either side), regardless of if it is mapped in the overlay.

In contrast, for land below the high water mark of tidal waters, the overlay must be mapped for the code to apply.

The preferred approach is for the waterway and coastal protection area to be mapped as an overlay for ease of reference and to provide for appropriate application to land below the high water mark of tidal waters.

Planning authorities can alter the guidance map in accordance with NAC 3 (and specifically for errors and anomalies under NAC 3 (a) or to protect values under NAC 3 (b)) to apply the overlay to land below the high water mark of tidal waters.

N/A

24/04/2018

Why does the priority vegetation area not apply to the Future Urban Zone?

Amendments to the SPPs include the Future Urban Zone in clause C7.2.1 and the priority vegetation area applies to the zone.

Note: this answer is a revision to reflect amendments to the SPPs, effective on 19 April 2018, and replaces an answer published on 19 May 2017.

N/A

17/04/2018

Should the priority vegetation area overlay be mapped where the code does not apply to an underlying zone?

No. LP1.7.5 (b) clearly indicates that the creation of the overlay is for the application of the code.

It would be confusing for the community if the overlay is displayed on land to which it has no application.

This is consistent with Guideline No. 1 NAC 13.

Note: Please refer to a question on the Planners Portal under Codes – Other dated 18-09-2018 requiring the full extent of the priority vegetation area, scenic protection area and scenic road corridor, mapping used to inform the preparation of the overlay to be exhibited with the draft LPS, possibly on a planning authority’s GIS.

N/A

8/01/2018

Is there an anomaly in the future coastal refugia area guidance map that has combined LiDAR and non-LiDAR data for particular areas?

Yes, an anomaly has been identified in the future coastal refugia area guidance map.

The Planning Policy Unit has issued an information sheet (PDF, 508.6 KB) identifying the issue and how it should be addressed in the preparation of the future coastal refugia area overlay.

N/A

25/05/2017

If the Natural Assets Code applies to a particular area, is there an obligation to assign land to one of the nominated zones, or would a decision about the zoning take place first?

N/A

22/05/2017

With regard to mapping the priority vegetation area overlay, can planning authorities diverge from the TASVEG version 3 map? If so, what justification is required for the change, i.e. expansion, alteration or minimisation of the existing mapped TASVEG area?

The requirements for producing the priority vegetation area overlay are set out in LPS 1.7.5 (b),(c) and (d) of the Local Provisions Schedule Requirements in the SPPs.

Further detail is also contained in NAC 7 through to NAC 14.

Planning authorities should provide an explanation of how the priority vegetation area overlay has been produced including the methodology applied and the rationale for any modifications under subclause LPS 1.7.5(d).

Further information on the supporting report requirements is set out in Practice Note 6 (PDF, 179.6 KB).

N/A

19/05/2017

Is application of the threatened flora data points on the Natural Values Atlas mandatory? If so, is each planning authority expected to map the identified species with an overlay area “around” the location of each of these species or just identify the threatened species dot point location on the planning scheme maps (just like the LIST)? Will the area around each of these species just be up to each planning authority to decide?

Clause LP1.7.5 (c) and (d) of the Local Provisions Schedule Requirements in the SPPs, sets out the mandatory requirements for deriving the priority vegetation area.

The priority vegetation area must be derived from or based on the threatened flora data from the Natural Values Atlas and, planning authorities have the flexibility to modify this data where it can be appropriately justified.

Further guidance is provided in NAC 8 and NAC 9.

The methodology for deriving the priority vegetation area (such as placing buffers or wider areas around a collection or cluster of data points) from the required datasets is for each planning authority to determine.

N/A

11/07/2019

Should the airport obstacle limitation area overlay of the Safeguarding of Airports Code be expressed by reference to the AHD or the height above ground level?

The airport obstacle limitation area overlay of the Safeguarding of Airports Code is to be defined with reference to the AHD.

N/A

15/04/2019

Can you provide advice on the drafting of the content of code lists, and specifically the scenic values and management objectives of scenic protection areas?

As set out in Practice Note 8 (PDF, 237.1 KB), the content of code lists should only include information:

a. that is relevant to the code purpose; and
b. required by each code list.

The content of code lists must be relevant to the operation of the code, and not contain statements that might be characterised and applied as additional Acceptable Solutions or Performance Criteria.

In addition to the advice in Practice Note 8 (PDF, 237.1 KB), to assist in drafting the content of the Scenic Protection Code lists relevant to the operation of the code, it is noted that Performance Criteria for the scenic protection areas and scenic road corridors require regard to be had to both scenic values and management objectives.

The description of the scenic protection area or scenic road corridor should be limited to a physical description or context of the area as shown by the overlay mapping.

Scenic values set out what is being protected by the code and:

a. should identify the specific characteristics or features of the landscape that collectively contribute to scenic values; and
b. may include qualifications on where the values are viewed from, such as, public roads and walking trails.

Management objectives are high level local objectives that must be given regard to when exercising discretion under relevant Performance Criteria.

Management objectives in a scenic protection area or scenic road corridor should address the identified scenic values and:

a. must not address matters for which specific zone or code standards are available;
b. must not set out requirements or other explicit criteria to be met; and
c. may be consistent across separate areas set out in the description, or individually, or both.

Examples of suitable management objectives include:

a. To maintain native vegetation as the dominant appearance when viewed from public roads;
b. To maintain skylines free of visible development; or
c. To maintain natural [and constructed] features that contribute to…

N/A

18/09/2018

Should planning authorities make available the full extent of the mapping used to inform the preparation of an overlay that is only intended to apply in certain zones, such as the Priority Vegetation Area Overlay and the Scenic Protection Code Overlays, for the exhibition of its draft LPS?

Yes, the public should have access to the full extent of mapping used to inform the preparation of the priority vegetation area, scenic protection area and scenic road corridor.

While the exhibited overlay maps are to be consistent with NAC13 (refer to question on the Planners Portal under Codes – Natural Assets dated 17-04-2018) and SPC3, which confine the spatial application of the overlays to certain zones, the public may have an interest in viewing the full extent of the area that was identified before the application of the zones. The assessment of a draft LPS may result in zone changes that would allow the overlay to apply or cause the overlay to be removed.

The planning authority’s Supporting Report should advise of the process that has been followed and provide information about where the public can access the full extent of the mapping for the priority vegetation area, scenic protection area and scenic road corridor, possibly on a planning authority’s GIS.

N/A

24/04/2018

What level of reporting/justification is desirable to nominate a tree/trees for the significant trees code list?

Can significant trees on private land be listed?

The level of justification should be able to substantiate the cultural significance of the tree/trees to the community as required to be assessed by C6.9.1 P2.

Significant trees can be listed regardless of land tenure.

N/A

24/04/2018

Do new scenic protection areas need to be justified by a strategic plan (such as a ‘Destination Plan’) or is a written justification in the supporting report sufficient?

The inclusion of new (non-transitioning) scenic protection areas should be justified as having significant scenic value and be identified as being important at a local or regional level.

The justification could come from a range of documents, such as the regional land use strategy, local strategic plans, and commentary in the supporting report.

Further guidance is provided in Guideline No. 1 (PDF, 463.1 KB) SPC 1 and SPC 2.

N/A

14/02/2018

Can you please advise how the attenuation area for a sewage treatment plant (STP) is to be mapped.

Eg. If the attenuation area is 200m is the overlay mapped to a distance of 200m from:
the lot boundaries;
the centre of the STP; or
the edge of the STP?
Does the same principal apply to all other activities? Eg. quarry, sawmill etc.

The Attenuation Code provides for an attenuation area overlay to be applied around activities as a variation to the distances specified in Tables C9.1 and C9.2.

Attenuation areas do not need to be shown on the LPS maps, if the intended attenuation distances are the same as those shown in Table C9.1 or C9.2.

An attenuation distance (as shown in Table C9.1 or C9.2) is measured from the shortest distance from the lot boundaries. A mapped attenuation area may be measured from an area in which an activity takes place or any other relevant point rather than the lot boundaries.

The same principles applies to all relevant activities.

Further detail is provided in Guideline No. 1 (PDF, 463.1 KB) at AC1 and AC2.

N/A

4/01/2018

In regards to the C2.0 Parking and Sustainable Transport Code, what level of supporting documentation needs to be provided to support:

A parking precinct plan?

A pedestrian priority street?

Is a town masterplan or structure plan sufficient supporting documentation, or does an endorsed parking plan/strategy for that area need to be provided?

Application of the Code must be consistent with the LPS Criteria.

Provided the master plan or structure plan is consistent with the LPS Criteria and specifically addresses approaches to parking or pedestrian priority, it can be used to support application of a parking precinct plan or pedestrian priority street.

Note: an existing question on the Planners Portal, dated 07-09-2017, details the mechanisms available to apply alternate requirements for on-site car parking spaces, other than the numbers required by Table C2.1.

N/A

27/09/2017

It is noted that a planning authority can map a specific overlay around an activity rather than rely on the default attenuation distance provided in the table C9.1 (i.e. expand or shrink the attenuation distance to suit the nature of the operation or location where justified).

Can the LPS include just a map identifying an overlay within the boundary of the property containing the activity? Or provide a written statement on the map to the effect that “the attenuation code does not apply to this activity”?

An attenuation area overlay may be applied to an area larger or smaller that the generic attenuation distance in Table C9.1.

See AC1 and 2 for further guidance.

Planning authorities cannot provide a written statement on the maps to the effect that the attenuation code does not apply.

New overlays with greater or lesser attenuation distances must be justified in the supporting report.

Note: This answer is a revision that replaces an answer published on 19 May 2017.

N/A

7/09/2017

What mechanisms are available to apply alternate requirements for on-site car parking spaces, other than the numbers required by Table C2.1.

C2.0 Parking and Sustainable Transport Code provides a variety of options for including alternate requirements for on-site parking spaces, other than in accordance with Table C2.1, or applicable performance criterion, such as in clause C2.5.1 P1.

Clause C2.2.1 provides for a particular purpose zone to specify the on-site car parking space requirements. This means a particular purpose zone may apply standards to control parking that differ from the code.

Clause C2.5.1 A1(b), and particularly clause C2.7.1, apply in relation to a parking precinct plan that is defined by an overlay map. Parking precinct plans provide for circumstances where the objective is ‘To minimise the amount of on-site parking spaces within an area defined by a parking precinct plan, and that parking does not detract from the streetscape of the area’.

Under clause C2.5.1 A1(a), a parking plan for an area adopted by council, may provide for parking spaces or cash-in-lieu as an alternative to the number of on-site car parking space in Table C2.1. Any parking plans intended to be relied upon for the purpose of this clause must be included in the list of applied, adopted or incorporated documents.

SSQs or SAPs are additional mechanisms available to apply alternate requirements for on-site car parking spaces, other than those numbers required by Table C2.1.

In considering any new SSQs or SAPs, reference must be made to the Act, particularly section 32(4).

Further advice should be sought from the Planning Policy Unit in relation to transitional provisions under Schedule 6 of the Act that apply in relation to existing PPZs, SAPs and SSQs.

N/A

20/07/2017

What is the preferred mechanism for the translation of the statutory referral mechanism to the Bridgewater Quarry Operator that currently exists in the Attenuation Code in the interim planning scheme?

The Minister’s Advisory Statement - Transitional Arrangements for Existing Provisions, 23 June 2017, sets out the process for considering the transition of existing provisions, including those in existing codes.

Note: This answer is a revision that replaces an answer published on 9 June 2017.

N/A

23/06/2017

Our Councils current records of Potentially Contaminated Sites was sourced from Council permits, telephone book records, newspapers and visual observation in 1996. This database only lists the property and does not specify where the information was sourced. We have over 1200 properties listed as potentially contaminated and to undertake an analysis on each property to verify the contamination is not achievable with the time and resources we have.

Will it be sufficient to only list the properties on an overlay map that either have an EMPCA notice of contamination or permits issued by Council for a contaminating use?

If a planning authority has reason to believe that land is potentially contaminated, it is preferred that the site is shown on an overlay, in order to create certainty.

It is not necessary to undertake an analysis of each property to verify contamination and for it to be shown on the overlay.

Further guidance is provided in PCLC 1.

N/A

19/05/2017

If land is assigned to the Landscape Conservation Zone, is it also required that the Scenic Protection Code apply?

No. Land subject to the Scenic Protection Code is not required to be within the Landscape Conservation Zone.

While the Landscape Conservation Zone provides for uses and development standards consistent with protecting the landscape values, they are not identical to those in the Scenic Protection Code, which also include scenic road corridors.

N/A

19/05/2017

Who is responsible for deciding whether to apply a road or rail attenuation area overlay; and for identifying the roads which are to be included in the relevant list?

It is for planning authorities to decide whether to apply a road or railway attenuation area overlay, to take account of any local circumstances, such as the proximity of the road or railway to existing settlements or urban areas.

In the absence of a road or railway attenuation area overlay, the default distance of 50m in the code applies, as set out in the definition of road or railway attenuation area.

It is also for planning authorities to identify other major roads, which are not category 1, 2 or 3 roads as defined in the State Road Hierarchy, for application under the code. Other major roads may include local roads, such as those carrying high traffic volumes or high levels of freight traffic.

The State Road Hierarchy is included in the SPP applied adopted and incorporated list. Guidance on matters to consider in determining road categories can be found in the State Road Hierarchy.

N/A

12/05/2017

How do you populate the LPS applied, adopted or incorporated documents list when there are none for the LPS?

If there are no applied, adopted or incorporated documents in the LPS, include the heading and in the second row of the table insert:

• This table is not used in this Local Provisions Schedule.

Information on applied, adopted or incorporated documents is set out in Practice Note 5 (PDF, 147.5 KB).

N/A

15/04/2019

Is it ok to have a dynamic legend for the maps so that only the relevant symbology is shown for each grid? E.g. zone map index 1 only contains about 5 of the 28 zones – can I just show the 5 or do I need to show the 28? The specific area plans and site-specific qualifications are also not in all grids so again showing it dynamically would be much more beneficial to ease the interpretation of the map.

The legend for each draft zone map or overlay map should use the same legend as in the templates for PDF maps provided by the TPC to ensure they are presented in a consistent manner and are clearly identified as part of the Tasmanian Planning Scheme.

N/A

15/04/2019

When the answer on the planners portal states that the “draft zone maps and overlay maps will be publicly exhibited in PDF format” – does this mean they will be printed or they will actually be accessible only as PDF?

When a planning authority publicly exhibits a copy of the draft zone maps and overlay maps in PDF format under section 35D(1)(b)(i), it may choose to make these available as either printed maps or on a computer screen available to the public.

N/A

29/01/2019

What are the requirements for updating GIS post exhibition of a draft LPS?

Planning authorities are not expected to undertake ongoing updates to GIS to reflect changes to cadastral boundaries after lodgement of a draft LPS.

The Commission anticipates a point in time update to GIS will be required prior to final approval.

During the Commission’s post exhibition assessment of a draft LPS, planning authorities may be directed to modify the zone and code maps, in response to hearing outcomes, to correct errors and the like, and at the same time to update zone and code boundaries with cadastral parcels.

Also see planners portal question on technical mapping issues dated 13-7-2017.

N/A

29/01/2019

Can Council submit a revision to a draft LPS, already submitted to the TPC under Section 35(1), if exhibition has not occurred? The council has some improved flood-modelling data. If the Planning Authority resolved to modify the flood-prone areas hazard map it has already submitted and include this new data, can it be exhibited as part of the LPS?

Planning authorities that have improved mapping available after a draft LPS is lodged under section 35(1) may submit details of any proposed modifications, together with evidence the planning authority has approved the modifications, to the Commission.

The Commission may then direct the planning authority to formally prepare modifications to the draft LPS and submit it to the Commission under 35(5)(c) or, with the agreement of the planning authority, modify the draft LPS so that it meets the LPS criteria under 35(5)(c).

N/A

10/07/2018

How do you display overlays where places or precincts of archaeological potential are overlapping with local heritage places, when under Guideline No. 1, both overlays are to be shown in specified solid colours?

The solid colour of Local Historic Heritage Code overlays for local heritage places and places or precincts of archaeological potential should not be mapped on the same PDF where they overlap.

Planning authorities should map local heritage places and places or precincts of archaeological potential on separate PDF pages, such as sheet 11A and 11B of the Local Historic Heritage Code map series.

N/A

14/02/2018

In Appendix B of Practice Note 6 (PDF, 179.6 KB) it states that the final zone and overlay maps should be prepared in ArcGIS or MapInfo GIS.

Will files from the QGIS program also be accepted?

N/A

23/11/2017

Are there templates available for the LPS maps?

The Commission has prepared a map template and template map tiles, to be used by planning authorities in the preparation of draft LPS maps.

The use of the template maps and map tile templates, ensures the draft LPS maps are presented in a consistent manner so that they are clearly identifiable as being part of the Tasmanian Planning Scheme.

The map and tile template is available from the Commission by e-mailing the tpc@planning.tas.gov.au

Planning authorities do not need to request templates from the Commission if they have engaged Esk Mapping or Insight GIS as they already have the templates.

N/A

23/11/2017

It appears that the SPPs and Practice Note 7 do not require the mapping of areas, precincts or other features in a PPZ to be shown on the LPS Overlay Map.

Is it acceptable to simply show these features as figures within the PPZ?

This is our preference as it will be quite complex to show all of the Sullivans Cove PPZ figures indicated below on the Overlay Map:

Figure HOB-P10.1 Sullivans Cove Setting
Cove Floor;
Cove Wall;
Cove Slopes;
Enclosing Ridges; and
Rear of the Cove.
Figure HOB-P10.2 Building height (excluding Wapping)

Figure HOB-P10.3 Building height in Wapping

Figure HOB-P10.4 Key Viewlines

Figure HOB-P10.5 Sullivans Cove Spatial System
primary spaces;
secondary spaces
Figure HOB-P10.6 Activity Areas

Yes, it is acceptable to show precincts or other features as figures within a PPZ.

Figures should be placed immediately after the clause to which it relates, or if the figure is referred to in multiple clauses then it is placed after the first reference to the figure.

However, under LP1.3.3 of the SPPs the area to which the Local Area Objective applies is to be shown on the overlay maps (see Practice Note 8 (PDF, 237.1 KB), section 3).

N/A

9/11/2017

Practice Note 8 describes that Local Area Objectives for PPZs and SAPs are shown on an overlay map with an identifying number.

This appears to result in duplication of identifiers given that the outlines must also appear on the zone maps (PDF maps).

LAO’s on their own are a bit different to PPZ’s/SAP’s as the latter two are generally self-contained (or there should be a preference for self-containment when it comes to including LAO’s in PPZ’s and SAP’s).

Why would you need to separately indicate the LAO’s for a PPZ/SAP on an overlay map as well as indicate the PPZ/SAP on the zone map, when the PPZ/SAP itself is the identifier that sends you to the local provision?

To run a separate series of maps that shows the outlines for the LAO’s for PPZ’s/SAP’s that are mapped elsewhere is going to be very confusing. Can you provide an example diagram of how this is expected to be presented in the hard copies please?

Local Area Objectives (LAOs) for zones (including PPZs) should be shown together with the zone maps.

SAPs may be shown overlaying zone maps, as a separate map series, or both as necessary to provide for clear and interpretable mapping.

LAOs for a SAP may be shown on the zone maps or in a separate map series.

1. Together on the same overlay – see attachment option A

2. On separate overlays – see attachment option B

Note: Practice Note 7 (PDF, 243.2 KB) provides further guidance on the technical mapping of LAOs.

PPC52 - Presentation of Local Area Objectives options (PDF, 89.3 KB)

9/11/2017

1. What field should the PPZ reference number go in – ZONE_NO or ZONE_SUB?

2. How do I display the zone name when it is larger than 50 characters?

3. Does the full particular purpose zone name go in ZONE_NO or ZONE_SUB?

1. Refer to the attachment.

2. It is preferred that the full PPZ name will be more succinct than exists in some schemes. If the location or purpose of the PPZ cannot be succinctly (within 50 characters) set out in the title, extend the ZONE_SUB field length to 100 characters.

3. The latest version of Practice Note 7 (PDF, 243.2 KB) sets out that the full PPZ name is to be included in attribute field, ZONE_SUB.

PPC 61 - Revised Zone GIS table structure including zone labels (PDF, 77.6 KB)

12/10/2017

How is Rural Living A, B, C or D shown on the zone maps?

Section 2.8 of Practice Note 7 - Zone annotations details how the 4 different rural living zone densities are to be shown on the zone maps.

It states that Rural Living Zone lot sizes must be outlined with a grey border and annotated with A, B, C or D in bold grey text.

N/A

18/08/2017

What GIS resources can the Commission provide to assist council getting started in making the LPS maps?

The Commission can provide dropbox access to the current interim planning scheme zoning, and zone boundaries, converted into the preferred data structure (schema), for editing.

Contact tpc@planning.tas.gov.au to arrange access to the dropbox.

Appendix A of Practice Note 7 (PDF, 243.2 KB) provides details of the datasets (either identified in Guideline No. 1 (PDF, 463.1 KB) or that provide a useful resource in preparing zone and overlay maps) available from the LIST.

N/A

13/07/2017

What resources are available if council decides to undertake ongoing updates to zone boundaries, to reflect changes to the cadastral parcels dataset?

The Commission will make the analysis of weekly changes to the cadastral parcels dataset, used for maintaining the interim planning scheme zoning, available via dropbox on request to tpc@planning.tas.gov.au

N/A

13/07/2017

Are councils expected to undertake ongoing updates to zone boundaries to reflect changes to the cadastral parcels dataset?

No, councils are not expected to undertake ongoing updates to zone boundaries between the commencement of preparing maps for the draft LPS and final approval of the LPS.

The Commission intends that the LPS maps approved (after exhibition and assessment process) will be as PDFs.

To avoid misalignment of zone boundaries and cadastral parcels on exhibited PDF and approved PDF maps, the cadastral parcels dataset displayed on the PDF maps should be the same date as those used to establish zone boundaries.

Prior to publication of mapping data in the LIST, it will be necessary to update zone boundaries to reflect minor changes to improve accuracy of the cadastral parcel datasets, to avoid misalignment.

N/A

18/08/2017

The name of the Scheme is the ‘Tasmanian Planning Scheme’ yet there is no apparent avenue for ‘labelling’ the scheme up front to identify which municipality this particular version is applying to. Within the ordinance this only really occurs in LP1.0 at the back.

Can you advise if there is scope for municipal graphics on the cover page?

No, there is no avenue for labelling or adding graphics to the TPS to identify which municipality it applies to, as it will apply to every municipality within the State.

The online display of LPSs will provide a view consolidated with the SPPs, that identifies the relevant municipality that the LPS applies.

N/A