Applying for a Planning Scheme Amendment
A planning scheme amendment (s37 of LUPAA 1993) is a request to change the Tasmanian Planning Scheme applicable to a Council area.
It can involve a change to the zoning, a change to overlay maps or a change to the written part of the planning scheme which sets out the planning rules for use and development of land within Launceston.
A planning scheme amendment can also be combined with a planning permit application (s40T of LUPAA 1993) if:
a. A permit cannot be approved unless the Tasmanian Planning Scheme is amended; or,
b. The applicant wishes for the planning authority to consider a development application concurrently.
This process can assist in reducing the overall assessment time by allowing for the consideration of a proposed development at the same time as a scheme amendment.
Can I request a scheme amendment?
Yes, anyone can ask for a planning scheme amendment. However, if the amendment includes land that the applicant does not own, written permission from all affected landowners must be obtained.
Who approves a scheme amendment?
Approval of a planning scheme amendment is a two-step process.The Council will first assess and decide whether or not to initiate the draftamendment. The decision on the amendment will be determined by the Council in itsrole as a planning authority at an Ordinary Council Meeting.
If successful, the
Tasmanian Planning Commission (TPC) will be notified, and a further assessment and a final determination will be undertaken by them. The TPC has the power to approve, modify or reject the amendment.
Public exhibition of the proposal will be undertaken if Council decides to initiate the draft amendment. Any representations made on the amendment will be considered by the Council and then submitted to the TPC. The TPC may hold a public hearing to consider the representations.
Please note that if we decide not to proceed with the draft amendment, the applicant can request a review of the decision by the TPC.
For more information visit the
Tasmanian Planning Commission website.
How much does a scheme amendment cost?
The application fee to assess an amendment request includes assessment andadvertising costs.
If the Council decides not to initiate the amendment, the advertisement fee will be refunded to the proponent.
If you are seeking to combine a scheme amendment with a planning permit application (s40T application), an additional development application fee (but no additional advertising fee) will be payable.
Fees are also payable to the TPC if a request is initiated. For more information please refer to the Council's Payments, Fees and Charges page.
How long does it take to determine a scheme amendment?
A planning scheme amendment is a complex process that can take at least six months based on the complexity of the application. The flowchart below shows the main steps that need to be taken in the process.
How do I apply for a scheme amendment?
In the first instance, it is highly recommended that a preliminary meeting with Council's Strategic Planning staff is undertaken prior to lodging a scheme amendment to receive informal advice on your proposal and assist streamlining the assessment process. Please contact Council’s Strategic Land Use Planning team here.
To apply for a planning scheme amendment, you will need to show how the proposal supports the objectives of planning under the State legislation, and meets State and Council plan and policy objectives.
At a minimum, your scheme amendment application will need to include a request for amendment that accurately describes:
a. the location of the site;
b. the existing site conditions;
c. the nature of the proposal;
d. the need for the amendment;
e. the shortcomings of the existing Tasmanian Planning Scheme provisions;
f. an assessment of the merits of the proposed amendment against:
- The provisions under s32 ofLUPAA 1993, in particular the Schedule 1 Objectives
- Relevant State Policies
- Strategic directions of the Northern Tasmania Regional Land Use Strategy, and;
- Any relevant Council plans, strategic or policies
You may wish to consider engaging a planning consultant to help with this process.
Can I make a representation on a scheme amendment?
If you would like to comment on a planning scheme amendment, you are welcome to lodge a representation.
A representation can support or object to the proposal.
Your representation must be in writing and needs to be received by Council before the end of the 28-day advertising period for the application.