Kingborough Interim Planning Scheme 2015 Amendments

Urgent Planning Scheme Amendments

Urgent planning scheme amendments may be made to interim planning schemes under section 30IA of the former provisions of the Land Use Planning and Approvals Act 1993.  An urgent amendment is authorised by the Minister for Planning and Local Government where it meets the Act requirements and must not prejudice the public interest.  An approved urgent amendment is advertised for 14 days however, no representation period is applicable.  These types of amendments are more often requested by Councils to rectify anomalies in an interim planning scheme.

 

Planning Scheme Amendments

Planning scheme amendments are requests received by Councils for amendments to planning schemes which sometimes includes a combined planning permit request.  These types of amendment applications are initiated under section 34 of the former provisions of the Land Use Planning and Approvals Act 1993.  This process requires Council to certify and advertise a draft amendment for public comment.  Any person may then provide comments to the Council within the prescribed period.  Council then considers any responses and reports to the Tasmanian Planning Commission.  Where comments are received, it is usual practice for the Commission to hold hearings and a decision, which provides opportunity for modifications where approved, is then made.

Amendment PSA-2019-3 to the Kingborough Interim Planning Scheme 2015 has been substantially altered and certified as suitable for public exhibition by the Tasmanian Planning Commission. The exhibition period is for 28 days from Saturday 29th August 2020 to Saturday 26th September 2020. Any representation from interested persons must be lodged in writing with the General Manager, 15 Channel Highway, Kingston 7050, or by email to kc@kingborough.tas.gov.au, and must be received by Saturday 26th September 2020.

The proposal is as follows:

PSA-2019-3: Amendment to the Former Kingston Highschool Site Specific Area Plan, ‘Kingston Park’, located at 42 Channel Highway, Kingston.

Amendment PSA-2020-2 to the Kingborough Interim Planning Scheme 2015 has been certified as suitable for public exhibition by Kingborough Council and may be viewed on the Kingborough Council website, www.kingborough.tas.gov.au. For further information or assistance please call (03) 6211 8200.

In accordance with section 39(1) of the Land Use Planning and Approvals Act 1993 any person has a right of representation in relation to the draft amendment.

Background information on the planning scheme amendment as well as a copy of Council’s decision in relation to the planning scheme amendment can be viewed by following the links provided in the table below. Copies of the relevant documents can also be made available for viewing on request at Council’s Offices (Civic Centre), 15 Channel Highway, Kingston.

Any representation from interested persons must be lodged in writing with the General Manager, 15 Channel Highway, Kingston 7050 or by email to kc@kingborough.tas.gov.au and must be received by Wednesday, 18 November 2020.

The proposal is as follows:

PSA-2020-2: The Kingborough Interim Planning Scheme 2015 currently references several external documents that are relied upon to make planning decisions. These documents were used in the previous planning scheme and were carried across to Kingborough Interim Planning Scheme 2015. Some of these documents were not listed in the incorporated documents section of the planning scheme.  The purpose of the amendment is to correct this error and to formally incorporate the following list of supplementary documents in Appendix 1 of the Kingborough Interim Planning Scheme 2015. The amendment also seeks to update and correct reference to these documents throughout the text of the planning scheme.

Document title

Description /Purpose

Relevant clause in KIPS2015

Southern Tasmania Regional Land Use Strategy 2010-2035, as amended, Feb 2020

 

The Southern Tasmania Regional Land Use Strategy 2010-2035 (STRLUS) is a broad policy document that facilitates and manages change, growth, and development within Southern Tasmania over the next 25 years.

The Southern Tasmania Regional Land Use Strategy 2010-2035 can be viewed here.

Clauses 2.2.3; 2.2.4; 3.0.1 (a) &(c); 3.03 (b) & (c);4.1; and 32.1.1.3

 

Kingborough Council Roads, Parking and Stormwater By-Law, By-Law 4, August 2011

 

Provides guidance in relation to outdoor dining facilities, signboards, roadside vendors and stalls in the Kingborough municipal area.

The Kingborough Council Roads, Parking and Stormwater By-Law, By-Law 4 can be viewed here.

Clauses 5.11.1; E17.3 and Table E17.1

 

Kingborough Public Open Space Contribution Policy, Policy 6.3, May 2019

 

Provides guidance to the application of monetary contributions in lieu of providing open space.

The Kingborough Public Open Space Contribution Policy, Policy 6 can be viewed here.

Clauses 10.6.3 P1 (h); 11.5.3 P1 (h); 12.5.3 P2; 13.5.3 P2; 13.5.3 P2; 14.5.4 P2; 15.5.1 P6; 16.5.3 (h); 17.5.1 P3 (h); 18.5.1 (h); 20.5.1 P6; 21.5.1 P6; 22.5.1 P6; 23.5.1 P6; 24.5.1 P6; and 31.5.1 P6

Kingborough Biodiversity Offset Policy 6.10, November 2016

Provides a mechanism to mitigate and compensate for the loss of biodiversity values where it has been established that all opportunities to avoid and mitigate impacts have been exhausted and the impacts will not significantly affect the conservation status of biodiversity value(s).

The Kingborough Biodiversity Offset Policy 6.10 can be viewed here.

Clauses E10.7.1 P1 b iv; E10.7.1P1(c)(v); E10.8.1 P1(b)(iv) and E10.8.1 P1(c)(v)

 

Guidelines for the Use of Biodiversity Offsets in the Local Planning Approval Process, Southern Tasmanian Councils Authority, April 2013

Provides a tool which assists planning and natural resource management officers across the twelve Southern Tasmanian Councils in negotiating biodiversity offsets when they are identified as appropriate and desirable, within the specific    functions and powers of Councils as local Planning Authorities.

The Guidelines for the Use of Biodiversity Offsets in the Local Planning Approval Process can be viewed here.

Clauses E10.7.1 P1 (b) (iv); E10.7.1P1(c)(v); E10.8.1 P1(b)(iv) and E10.8.1 P1(c)(v)

 

Tasmanian Noise Measurement Procedures Manual, second edition, July 2008

Provides standard noise measurement requirements and procedures.

The Tasmanian Noise Measurement Procedures Manual can be viewed here.

Clauses 10.3.1 A2 (c); 11.3.1 A2 (c); 15.3.1 A2 (c); 16.3.1 A2 (c);17.3.2 A1 (c); 18.3.2 A1 (c); 19.3.2 A1 (c); 21.3.2 A1(c); 22.3.2 A1 9 (c); 23.3.2 A1 (c); 24.3.2 A1 (c); 28.3.2 A1(c); 31.3.2 A1(c); E8.8.1 A2 (b)(iii) (a); and F3.6.4 A3 (c)  

Tasmanian Coastal Works Manual (DPIPWE, December 2010)

Provide guidance to soil and water management for building and construction sites.

The Tasmanian Coastal Works Manual can be viewed here.

Clause E11.3.R1

 

Wetlands and Waterways Works Manual (DPIPWE, 2003)

 

Provides guidelines for works in proximity of wetland and waterways.

The Wetlands and Waterways Works Manual can be viewed here.

Clause E11.3.R1

 

The Commission has created a flowchart of the approval process for amendment of planning schemes.

The Commission has also created a flowchart of the approval process for a combined permit and amendment of planning schemes.

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