Updates Incoming Planning Scheme

Kingborough Council is finalising arrangements with independent planning consultants who will review the proposed zoning submission to the Tasmanian Planning Commission.

The review will focus on the new Landscape Conservation Zone (LCZ) and help Council with ongoing planning reforms.

While this review is underway, hearings that do not involve the LCZ or the two Specific Area Plans (SAPs) will continue as scheduled.

To support these hearings, Council has engaged Jim Mulchay as an independent expert to provide technical environmental advice to both Council and the Commission.

Kingborough Council is finalising the project scope for an independent review of its proposed rezoning as part of the State Government’s planning reforms.

In response to community concerns, Council sent letters to property owners whose land was identified as potentially being rezoned to Landscape Conservation Zone (LCZ) under the draft Tasmanian Planning Scheme.

Here is a copy of the letter below:

Dear Property Owner,

We’re writing to let you know about the new Tasmanian Planning Scheme and how Council is responding to community concerns, especially around the proposed Landscape Conservation Zone (LCZ) that may affect your property.

To help address these concerns, Council will engage an independent planning consultant to support the review of the proposed Kingborough Local Provision Schedule (LPS), which how the state planning provisions apply to Kingborough.

The consultant will look closely at how the LCZ has been mapped across the municipality and whether some areas might be better suited to a different zone, like the Rural Living Zone. This consultant will separately review two Specific Area Plans on Bruny Island and at Bonnet Hill. Once the planning consultant has completed their review, their recommendations will be presented to Council to help inform the next steps and guide future decisions.

BACKGROUND – INCOMING TASMANIAN PLANNING SCHEME:

The State Government has introduced a single planning scheme for all councils across Tasmania to make planning rules more consistent.

Kingborough Council has been working closely with the Tasmanian Planning Commission to transition to this new scheme.

This system has two parts:

• State Planning Provisions (SPPs) – the rules that apply across all of Tasmania.
• Local Provisions Schedule (LPS) – the local version that applies specifically to Kingborough.

Every council has had to create its own LPS and submit it to the Tasmanian Planning Commission for approval. Some properties had to change to new zones because the previous zones didn’t exist in the new scheme.

One of the new zones developed by the State Government is the LCZ, which has raised concern among some property owners who felt it was not appropriate zoning for their land. To address those concerns, Council proposed an alternative zone: the Kingborough Bushland and Coastal Living Zone. This new zone was designed to be more flexible with residential development in areas that also have strong landscape values.

The Planning Commission acknowledged that the proposed alternative zone was a genuine and reasonable attempt to address community concerns. However, because this proposed zone was only developed from community feedback during the exhibition process, it couldn’t be accepted by the TPC at this time.

Due to this alternative zone not being an option, and community concern regarding the proposed zoning, the Planning Commission has requested that Council re-examine all properties nominated for inclusion in the LCZ. To support this review, Council will engage an independent planning consultant to lead this process with inputs from council staff.

The Planning Commission is only part way through their assessment of Kingborough’s LPS and is continuing to hear representations from people who previously lodged submissions. A new round of hearings, which are public, commenced Tuesday 4 November. For more information about this process and hearing updates, go to www.planning.tas.gov.au.

We will also be updating our website with information throughout this process and have attached a fact sheet with some frequently asked questions. Council understands that changes to planning schemes can create concern. We remain committed to implementing a planning scheme which gives property owners certainty by supporting development while balancing the protection of important natural values.

Information, fact sheets and a link to the Draft Planning Scheme & Mapping can be found on the front page of Council’s website by following the link to the Incoming Tasmanian Planning Scheme.

Importantly, you can also sign up via our website to receive regular updates via email by joining our information register.

If you have any questions, please don’t hesitate to contact us on (03) 6211 8200 or email kc@kingborough.tas.gov.au.

Yours sincerely

Dave Stewart

CEO Kingborough Council

FAQ – Factsheet (sent with letter)

Purpose
Landscape Conservation Zone (LCZ) is a new proposed zone in the Tasmanian Planning Scheme (TPS) which supports houses and other compatible uses on land which also has important landscape and natural values.

FREQUENTLY ASKED QUESTIONS:

Can I build a house on my land if it is rezoned to LCZ?

• Yes, single dwellings are allowed provided you meet the other relevant planning guidelines.

Can I continue doing what I am currently doing on my property if I am rezoned to LCZ?

• Yes. If you’re carrying on a lawful use and you’re not substantially changing or intensifying it, those existing rights continue.

If my house is destroyed or damaged in a bushfire or other natural disaster, can I rebuild it on land rezoned to LCZ?

• Yes. Under Tasmanian law, you can rebuild in the same location without a planning permit. Rebuilding in a different location on the land, or substantially changing the building, may mean further assessment is required.

Do I lose my existing use rights if a building is destroyed? 

• No. Existing land-use rights continue unless the use has been abandoned for two years or more. This applies to all planning zones not just LCZ.

Can I make alterations to my existing house if my land is rezoned to LCZ?

• Yes, small alterations, some decks, outbuildings, and works for home occupations don’t need a planning permit.

Does LCZ stop bushfire hazard-reduction works? 

• No. Bushfire mitigation provisions, including relevant exemptions and codes, apply regardless of zone. The LCZ does not remove the ability to carry out lawful hazard-reduction works.

Does LCZ turn my property into a conservation reserve or does it change who owns the land? 

• No. The LCZ is a planning zone, not a land-reservation mechanism. It does not change ownership.

How often are discretionary applications refused by Council? 

• Extremely rarely. In 2023/24 about 92 per cent of all development applications (regardless of zone) were discretionary, and less than one per cent of these were unsuccessful as they did not meet the scheme requirements.

My property is currently zoned Environmental Living Zone why can’t it remain that?

• The Environmental Living Zone (ELZ) is no longer available under the State’s Tasmanian Planning Scheme which Kingborough is required by the State Government to implement.

I have future building plans for my property, and I’m not sure how they will be affected by these changes. What can I do?

• Council planners can explain what the zone means for your property and outline the steps for any approvals.

In response to community concerns Kingborough Council has voted to appoint an independent planning consultant to support the Council in reviewing key parts of the draft Local Provisions Schedule which has been submitted to the Tasmanian Planning Commission.

Kingborough Council will consider appointing an independent planning consultant to assist with the implementation of the Tasmanian Planning Scheme at its meeting on 20 October.

Kingborough Mayor Paula Wriedt said Kingborough Council had been advised by the Tasmanian Planning Commission that at this time it is not proceeding with the proposed Particular Purpose Zone (PPZ) – Kingborough Bushland and Coastal Living Zone – as part of the Kingborough Draft Local Provisions Schedule (LPS) assessment process.