Planning

King Island Interim Planning Scheme 2013

This planning scheme sets out the requirements for use or development of land in accordance with the Land Use Planning and Approvals Act 1993 (the Act).

The maps show how land is zoned and the scheme sets out the provisions that apply to the use or development of land.

The provisions in this planning scheme should be read together with the Act.

For a copy of the King Island Interim Planning Scheme please click here to visit the Planning Tasmania website. Any amendments are also listed on this site.

What is a planning application?

A Planning Application is separate to a Building Application and is required for any type of development or land use which is not exempt or permitted outright by the King Island Interim Planning Scheme 2013.

You will require a planning permit if you intend to:

• Use land or buildings for a purpose different from their current allocated use under the local Council planning scheme (e.g. commercial, residential, industrial, agricultural, etc.);
• Add additional uses or buildings to the currents ones; or
• Develop land.

Developing land includes the following types of activities:

• Clearing of land;
• Change in ground level;
• Construction or carrying out of works;
• Demolition or removal of a building or works;
• Subdivision or consolidation of land;
• Placing or relocating a building or works; and
• Constructing or erecting signs or hoardings.

The planning permit process regulates the use and development of land by assessing proposals against local Council planning schemes and State government planning legislation. The process focuses particularly on the impact of the proposal on the site and surrounding land.

Checklist – Owner responsibilities for building works approvals

Apply for a development application

Planning permission is required before starting any development including earthworks or land clearing, placing a sign, building or structural renovation project, and for the repurposing of any existing property, e.g. residential accommodation to visitor accommodation. The requirements for a development application will depend on the specific development proposed, but the process is not always as complicated as you might think.

To find out more, you can view the King Island Interim Planning Scheme and the specific details for each zone at Planning Tasmania

There are five development classification types; Exempt, No permit Required, Permitted, discretionary and Prohibited.

Most development proposals fall within the two following classifications:

Permitted Use

If the proposed development meets the Acceptable Solutions for all Standards documented in the planning scheme. A Development Application (DA) needs to be completed and submitted to the planning authority, but no public advertisement of the proposal is required before the planning authority assess the application. A Permitted Use permit cannot be refused but can contain conditions that the developer has to address.

  Planning Permit Application

Please submit your DA to kicouncil@kingisland.tas.gov.au

Discretionary Use

If some of the Acceptable Solutions cannot be met for a Permitted Use Class, or the use is listed as Discretionary, then satisfying the Performance Criteria in the particular zone or code Standards may be possible. If so, the application is considered Discretionary. This process includes a two-week advertising process to facilitate feedback from the community and allows the planning authority 42 days to decide on the application. Where public comment is received the proposal will be considered by the planning authority (Council). In some circumstances an application may be refused by the planning authority.

In all situations, it is strongly recommended that advice be sought from Council’s professional planning staff before you incur unnecessary costs. Council does offer a free pre-application consultation to assist in the preparation of an application.

Contact us

Advertised development applications

The following planning permit applications are in the process of being reviewed by Council. Any DA submitted for a discretionary use will be advertised for 14 days, available for public comment.

If you believe a planning proposal does not comply with an applicable Performance Criteria (discretionary matter) you are able to lodge a representation in writing to the General Manager.

FAQ’s

1. What is the King Island Planning Scheme?

The Planning Scheme is a legal document which sets out the way land may be used or developed. The Planning Scheme is administered and enforced by the Council as the Planning Authority.

The Planning Scheme allocates particular zones to all land on the Island to differentiate anticipated land use patterns. Any proposed development or land use change fall within one of five categories:

1. Exempt
2. No permit required
3. Permitted
4. Discretionary
5. Prohibited

2. Why is an application required?

Applications for permits are required so that Council may assess your plans and supporting information, inspect your property and determine whether your proposal is appropriate. Council seeks to ensure that a proposal:

• Complies with the relevant provisions of the King Island Planning Scheme.
• Is an appropriate use of the property according to the zone land use table.
• Has minimal potential to cause damage to the natural environment.
• The amenity and health of the occupants of adjacent properties in the locality are not adversely affected.

3. Are there different types of applications?

Generally, the development which requires a Planning Application can be placed into one of two categories:

• Uses which do not require public notification (permitted)
• Uses which require public notification (discretionary)

When an application is lodged, Council will assess the information and decide whether it requires public notification (advertising).

Applications for development that is permitted are dealt with under delegated authority, by staff within the Planning Department. These applications are usually processed within a fortnight.

4. Planning permit applications requiring public notifications

When you lodge an application for a planning permit Council will assess its potential impact upon the natural and built environment within the locality. Council is obliged under Section 57 of the Land Use Planning and Approvals Act 1993 to publicly notify all discretionary applications. Adjoining residents or owners will be notified in writing of the proposal and the application will be advertised on the Council website and in the Advocate and King Island Courier newspapers.

5. Who makes the decision?

Generally, a decision is made under delegated authority by the appointed Council Officers. Where a representation is received the proposal will be considered by the Planning Authority at the monthly Council meeting usually on the third Tuesday of each month. The Planning Authority comprises all of the elected members of Council.

6. Who has a say?

Any person wishing to make a representation for or against the proposal must do so in writing before a specified date. Anyone who has made a representation will be advised of the Council meeting date and time at which the development application will be considered.

7. When will the decision be made?

Council endeavours to process applications as quickly as possible within the prescribed time; however, the time may vary according to factors including the complexity of the development, the need for additional information or consultation with other authorities. In some cases, Council will consult with other agencies especially if the proposal may affect their sphere of responsibility.

8. What information is required with an application?

Council has statutory responsibilities to meet when processing planning applications and it is, therefore, important that a full assessment of an application can be made and delays minimised. Applicants are advised to consider the King Island Planning Scheme to have a better understanding of the level of information necessary for Council to make an informed decision.

The planning scheme can be viewed on the Planning Tasmania Website.

The following information is required in order to assess an application:

• A completed Development Application form.
• A copy of the current Certificate of Title for the land, including the associated schedule of easements and any applicable Part 5 Agreements.
• A written submission on how the proposal complies with the relevant purpose, objectives, development use, desired future character statements and standards applicable to the desired development or land use.
• Three copies of the site plan and,
• Three copies of the building plan (where relevant).

The site plan should include:

• Boundaries and dimensions of the site and all existing buildings.
• Any proposed buildings and structures, showing the relevant setback distances to boundaries.
• Existing contour levels of the land (5 metre intervals) and watercourses and major landscape features.
• Existing and/or proposed points of access on to a public road.
• Proposed car parking areas, driveways and paths.
• Any easements over the subject land.
• A landscaping schedule indicating the location, height and species of proposed trees and shrubs with lawn and garden areas.
• The delineation of any proposed subdivision or strata plan of the land.
• Scaled drawings (≥1:500) or legible and accurate dimensions

The building plans should include:

• The layout of any proposed buildings or structures, showing all dimensions and the intended use of rooms/areas.
• The total floor area of proposed buildings or structures.
• At least two elevations of proposed buildings or structures showing the external materials and colours to be used.
• Scaled drawings (≥1:100) or legible and accurate dimensions
• Location of connection to water and sewerage services or include an on-site wastewater assessment and design report prepared by a suitably qualified person.

Site plans and building plans must be submitted on paper sheet sizes no greater than A3 and no smaller than A4. Applications may be submitted electronically. The application will only be accepted on receipt of the prescribed fee.

Please note

The information contained herein is a guide only. It is recommended that the advice and assistance of Council's planning staff be sought in conjunction with any enquiries concerning the use of land within the King Island local government area.

Before undertaking any development, please discuss your intentions with Council staff. If you need to make an application your time and money can be better allocated if you are thoroughly prepared.

Those applications requiring discretionary approval will also be placed on Council's website for general viewing during the notification period.

All fees and charges are inclusive of GST where applicable.

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