Planning

Tasmanian Planning Scheme - King Island

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 Tasmanian Planning Scheme – King Island, click here Tasmanian Planning Scheme - Current Version to visit the Planning Tasmania website. Select the King Island Local Provisions Schedule. Any amendments are also listed on this site.

For a copy of the King Island Local Provisions Schedule, click here King Island Local Provisions Schedule

What is a planning application?

A planning application is an application for a planning permit under the Tasmanian Planning Scheme - King Island. A planning permit is separate from a building permit and may be required before a proposed use or development can commence.

You may require a planning permit if you intend to:

• Change the use of land or buildings (for example, residential, commercial, industrial or agricultural uses).
• Establish a new use on land.
• Construct, alter, extend or place a building or structure on land.
• Subdivide or consolidate land.
• Undertake other forms of development that require approval under the Planning Scheme.

The term development includes a range of activities, such as:

• Clearing of land.
• Altering ground levels through excavation or filling.
• Constructing, altering or carrying out works.
• Demolishing or removing buildings or structures.
• Subdividing or consolidating land.
• Placing, relocating or moving buildings or structures.
• Erecting signs or advertising structures.

The planning permit process helps ensure that the use and development of land occurs in an orderly and sustainable manner. Council assesses proposals against the requirements of the Tasmanian Planning Scheme - King Island and relevant legislation, taking into account matters such as:

• The suitability of the proposal for the site.
• Potential impacts on neighbouring properties.
• Traffic, access and servicing requirements.
• Environmental and landscape considerations.
• The character and amenity of the area.

Please note:

Not all use or development requires a planning permit. Some activities may be Exempt or No Permit Required under the Tasmanian Planning Scheme - King Island. If you are unsure whether your proposal requires planning approval, please contact Council's Planning Department before commencing any work.

Do I need both planning approval and a building permit?

Not always. Planning approval and building approval are separate processes undertaken under different legislation.

A planning permit assesses whether a proposed use or development is appropriate for the site and complies with the planning scheme.

A building permit assesses whether building work complies with the National Construction Code and relevant building legislation.

Some projects may require both a planning permit and a building permit, while others may require only one of these approvals. Council's Planning and Building staff can help determine which approvals are required for your proposal.

Checklist - Owner responsibilities for building works approvals

Apply for a development application

A planning permit may be required before commencing development, including earthworks, land clearing, signage, building work, structural alterations, subdivisions, or changes to the use of land or buildings, such as converting residential accommodation to visitor accommodation.

The information required for a development application will depend on the nature and scale of the proposal. In many cases, the process is more straightforward than applicants expect, particularly where the proposal complies with the requirements of the planning scheme.

The Tasmanian Planning Scheme – King Island and the requirements applicable to each zone can be viewed on the Planning Tasmania website.

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

The Planning Scheme categorises use and development into five classifications:

• Exempt
• No Permit Required
• Permitted
• Discretionary
• Prohibited

Most applications that require assessment by Council fall within one of the following categories.

Permitted Use Applications

A proposal is generally considered Permitted where it complies with all relevant Acceptable Solutions contained within the planning scheme.

A Development Application must be lodged with Council for assessment; however, public notification is not required. These applications are generally assessed and determined under delegated authority by Council Officers.

A permit for a Permitted application cannot be refused, provided the applicable planning scheme requirements are met. Conditions may be imposed on the permit and must be complied with by the applicant.

Planning Application Form

Applications can be submitted electronically to: kicouncil@kingisland.tas.gov.au

Discretionary Use Applications

A proposal is generally considered Discretionary where:

• one or more Acceptable Solutions cannot be met and compliance is instead demonstrated through the relevant Performance Criteria; or
• the use is identified as "Discretionary" in the applicable Use Table of the planning scheme.

Discretionary applications are subject to public notification for a period of 14 days in accordance with the Land Use Planning and Approvals Act 1993.

During this period, any person may make a written representation in support of, or against, the proposal.

Following the public notification period, Council will assess the application and any representations received before making a decision. Where representations are received, the application will generally be determined by the Planning Authority (Council).

Unlike Permitted applications, a Discretionary application may be approved with conditions or refused.

Council is generally required to make a decision within 42 days of receiving a valid application, although this period may be extended where additional information is requested.

Need Help?

Council strongly recommends discussing your proposal with Planning staff before lodging an application. Early advice can help identify planning requirements, reduce assessment delays, and avoid unnecessary costs.

King Island Council offers a free pre-application consultation service to assist applicants in preparing and lodging development applications. This service can help determine:

• whether a planning permit is required;
• the information that must accompany an application; and
• any planning issues that should be addressed before lodgement.

Contact us

Can I apply for an extension of time?

Planning permits do not remain valid indefinitely. In most cases, approved development must be substantially commenced within 2 years from the date the permit takes effect, otherwise the permit may lapse.

If you are unable to commence the approved development within this timeframe, you may apply to Council for an extension of time before the permit expires.

How to apply

Requests for an extension of time should:

• Be made in writing to Council before the permit expiry date.
• Include the planning permit number.
• Explain why additional time is required.
• Provide any relevant supporting information.

Requests can be submitted to: kicouncil@kingisland.tas.gov.au

How will Council assess the request?

Council will consider each request on its merits and may grant an extension where appropriate. Factors that may be considered include:

• The circumstances that have prevented the development from commencing.
• Whether planning controls affecting the land have changed since the permit was issued.
• Whether the approved development remains suitable for the site.
• Whether there have been any significant changes in the surrounding area.

Council will advise the applicant in writing of its decision.

Important

If a permit expires before an extension request is lodged or approved, a new planning application may be required.

Applicants are encouraged to monitor permit expiry dates and contact Council well in advance if additional time may be needed.

FAQs

1. What is the Tasmanian Planning Scheme - King Island?

The Tasmanian Planning Scheme - King Island is a legal document that regulates how land may be used and developed on King Island. The Planning Scheme is administered and enforced by King Island Council in its role as the Planning Authority.

The Planning Scheme assigns a zone to every parcel of land and sets out the requirements for different types of use and development within those zones.

Any proposed development or change of use will generally fall within one of the following categories:

1. Exempt
2. No Permit Required
3. Permitted
4. Discretionary
5. Prohibited

The category will determine whether a planning permit is required and how the proposal will be assessed.

2. Why is an application required?

A planning permit application enables Council to assess a proposal against the requirements of the Tasmanian Planning Scheme - King Island and any other relevant planning controls.

Through the assessment process, Council considers whether the proposal:

• Complies with the relevant provisions of the Tasmanian Planning Scheme - King Island.
• Is an appropriate use or development for the site and surrounding area.
• Minimises potential impacts on the natural environment.
• Does not unreasonably impact the amenity of neighbouring properties.
• Addresses matters such as access, servicing, infrastructure, and public safety where relevant.

Planning approval helps ensure that development occurs in an orderly and sustainable manner for the benefit of the community.

3. Are there different types of applications?

Generally, development requiring a planning permit falls into one of two categories:

• Permitted applications (do not require public notification).
• Discretionary applications (require public notification).

When an application is lodged, Council will assess the proposal and determine the applicable assessment pathway under the Planning Scheme.

Permitted applications are generally determined under delegated authority by Council Officers and can often be processed more quickly because public notification is not required.

Processing times may vary depending on the complexity of the proposal and whether sufficient information has been provided to allow an assessment to be completed.

4. Planning permit applications requiring public notifications

When you lodge an application for a planning permit, Council will assess its potential impact on the natural and built environment within the locality.

Council is required 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.

During the public notification period, any person may make a written representation in support of, or against, the proposal.

5. Who makes the decision?

Most planning applications are determined by authorised Council Officers under delegated authority.

Where representations are received, or where delegated authority cannot be exercised, the application will be referred to the Planning Authority for determination.

The Planning Authority comprises all elected members of King Island Council and generally meets on the third Tuesday of each month.

6. Who has a say?

Any person may make a written representation in support of, or against, a discretionary planning application during the public notification period.

Representations must be received by Council before the advertised closing date and should relate to planning matters relevant to the proposal.

Any person who has made a representation will be advised of the Council meeting date and time at which the application will be considered.

7. When will the decision be made?

Council endeavours to process applications as quickly as possible within the statutory timeframes prescribed under the Land Use Planning and Approvals Act 1993.

Assessment timeframes may vary depending on factors such as:

• The complexity of the proposal.
• Whether additional information is required from the applicant.
• The need for consultation with other authorities.
• Whether public representations are received.

In some cases, Council may consult with State agencies or service authorities where a proposal has the potential to affect their area of responsibility.

Applicants can assist the assessment process by ensuring all required information is submitted at the time of lodgement.

8. What information is required with an application?

Council has statutory responsibilities when assessing planning applications. Providing complete and accurate information at the time of lodgement will assist Council to undertake a timely assessment and minimise delays.

Applicants are encouraged to review the Tasmanian Planning Scheme - King Island before lodging an application to better understand the information required for Council to make an informed decision.

The Planning Scheme can be viewed on the Planning Tasmania website.

The following information is generally required to assess an application:

• A completed Development Application Form.
• A current Title Search (Register Extract) for the land.
• Details of any easements, covenants or Part 5 Agreements affecting the land.
• A written planning submission demonstrating how the proposal complies with the relevant provisions of the Planning Scheme.
• A site plan.
• Building plans, where applicable.

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

Site Plan Requirements

A site plan should include:

• Boundaries and dimensions of the site and all existing buildings.
• Any proposed buildings and structures showing setback distances to boundaries.
• Existing contour levels, watercourses and significant landscape features where relevant.
• Existing and proposed vehicle access to a public road.
• Proposed car parking areas, driveways and pathways.
• Any easements affecting the land.
• Landscaping details where relevant.
• The extent of any proposed subdivision or strata development.
• Scaled drawings (generally at a scale of 1:500 or larger) or clearly dimensioned plans.

Building Plan Requirements

Building plans should include:

• The layout of any proposed buildings or structures, showing dimensions and intended uses.
• The total floor area of proposed buildings or structures.
• Elevation drawings showing external materials and colours.
• Scaled drawings (generally at a scale of 1:100 or larger) or clearly dimensioned plans.
• Details of connection to water and sewerage services, or an on-site wastewater assessment and design report prepared by an appropriately qualified person where reticulated sewerage is not available.

Applications should generally be submitted electronically in PDF format unless otherwise requested by Council.

Applications will not be accepted until the prescribed fee has been paid.

Please note

The information provided above is intended as a guide only.

Applicants are encouraged to contact Council's Planning Department before undertaking any development. Early discussion with Council staff can help identify planning requirements, reduce assessment delays and avoid unnecessary costs.

Applications requiring public notification will also be published on Council's website during the notification period.

All fees and charges are inclusive of GST where applicable.

* General Manager to set a fee for any other prescribed matters.