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.

 

Current amendments open for public comment

PSA-2022-3 – Update of the Incorporated Documents in Appendix 1 of the Kingborough Interim Planning Scheme 2015.

Appendix 1 of the Kingborough Interim Planning Scheme 2015 references several external documents that are relied upon to make planning decisions. Council’s Biodiversity Offset Policy and Public Open Space Policy form part of this list.

This planning scheme amendment (PSA-2022-3) is proposing to update reference to the most recent versions of the existing policies in Appendix 1 and ensuring these documents are correctly referenced throughout the text in the planning scheme as follows:

Document titleDescription / PurposeRelevant clause in KIPS2015
Kingborough Public Open Space Contribution Policy, Policy 6.3, November 2021.

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

The existing policy was updated by Council as part of a review in November 2021. The changes to the policy as approved by Council are discussed in more detail in Item 15.2 of Council's Agenda of 15 November 2021
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); 19.5.1 P3 (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 6.1, August 2022Provides 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 changes to the existing policy as approved by Council are discussed in more detail in Item 16.1 of Council's Agenda of 15 August 2022 Item 16.1 of Council's Agenda of 15 August 2022Clauses E10.7.1 P1 b iv; E10.7.1P1(c)(v); E10.8.1 P1(b)(iv) and E10.8.1 P1(c)(v)

The above amendment to the planning scheme was initiated by Council on 21 November 2022.

The recommendation also included a request to the Tasmanian Planning Commission to suspend or reduce the exhibition requirements, however the commission decided that the scheme amendment be exhibited for public comment as per the standard requirements under Section 38 of the former provisions of the Land Use Planning and Approvals Act 1993.

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.

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 COB 27 February 2023.

 After the exhibition period, a report with a summary of representations will be presented to Council (as the Planning Authority), however the final decision about the planning scheme amendment will be made by the Tasmanian Planning Commission.

Copies of Council’s decision in relation to the planning scheme amendment and relevant policies are provided below and may also be viewed at Council’s Civic Centre, located at 15 Channel Highway, Kingston or the Alonnah Service Centre. 

1. Initiation Report

2. Minutes of Council Meeting – 21 November 2022

3. Draft Amendment

4. Instrument of Certification

5. Policy-6.3-Public-Open-Space-Contribution

6. Agenda of Council Meeting – Revision of Public Open Space Contribution Policy – 15 November 2021

7. Policy-6.10-Biodiversity-Offset-Policy

8. Agenda of Council Meeting – Revision of Biodiversity Offset Policy – 15 August 2022

 

Recently approved amendments

PSA-2022-2 – Amendment to the Kingborough Interim Planning Scheme 2015 – Rezoning of folio of the Register 178255/1, located at 35 Maranoa Road, Kingston from Inner Residential to Community Purpose.

In accordance with section 42(3)(d) of the Land Use Planning and Approvals Act 1993 notice is hereby given that the above-mentioned amendment to the Kingborough Interim Planning Scheme 2015 has received approval by the Tasmanian Planning Commission and will become effective on 6 December 2022.
A link to the Tasmanian Planning Commission’s decision and the amendment is provided below. The amendment can also be viewed during normal office hours at the public office of Kingborough Council, 15 Channel Highway, Kingston and on the Tasmanian Planning Commission’s Website at www.iplan.tas.gov.au.