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State Government required all Councils to develop Interim Planning Schemes in 2007

State Government required all Councils to develop Interim Planning Schemes in 2007 Devonport Interim Planning Scheme declared by the Minister in October 2013. Legislative Requirements on Declaration of Interim Planning Scheme (IPS)

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State Government required all Councils to develop Interim Planning Schemes in 2007

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  1. State Government required all Councils to develop Interim Planning Schemes in 2007 • Devonport Interim Planning Scheme declared by the Minister in October 2013

  2. Legislative Requirements on Declaration of Interim Planning Scheme • (IPS) • Set out in Land Use Planning and Approvals Act 1993 (LUPAA)

  3. Mandatory Requirements • 30H – IPS to be publicly exhibited at Council office and on website for 2 months from date of Declaration • 30I – Any person could make a written representation about any aspect of the IPS during the exhibition period

  4. Representations divided into categories: • Local provisions - e.g. request for rezoning • Regional provisions – e.g. the objectives of a zone • State provisions – the format of the IPS

  5. 22 representations received about local provisions. • Included a representation from the owner of the former carpet factory and five other business owners in the precinct requesting rezoning from General Residential to Light Industrial

  6. Legislative Requirements for Council following exhibition and representation period. 30J – Council was required to provide a report to the Tasmanian Planning Commission (TPC) about each representation it had received. • Report does not approve or refuse the request made in any representation. • It is no more than a statement about whether Council believes the representation has any merit from a planning perspective or would have an impact on the IPS as a whole.

  7. A representation was made by 6 business operators in the former carpet factory precinct • Prepared by a consultant and made within the period stipulated in the Act • Detailed submission that provided commentary about a report prepared in 2004 by Connell Wagner which led to the land in question being zoned Residential • The submission rebutted many of the projections in the Connell Wagner Report e.g. population growth

  8. Submission considered by Council at a meeting on 19 May 2014 • Council resolved to report to the TPC that it considered the representation had some merit • The resolution is not an approval for a rezoning • 30K of LUPAA provides that TPC MUST hold a hearing in relation to the representation • TPC not Council will decide whether the land will be rezoned

  9. Further likely planning process involving the former carpet factory site • Amendments to LUPAA create a combined application for a dispensation and planning permit to be considered concurrently • Amendments not yet proclaimed • Former carpet factory owner has advised he will make such an application

  10. The application will request dispensation from a local provision of the IPS – in this case the zoning • Combined application to be made to Council • Council will consider the merit of the application for both the dispensation and the planning permit

  11. What is a dispensation? • relief from a local provision • may be temporary • may be subject to conditions • does not alter the underlying zoning • if granted but business then ceases, zoning may revert to General Residential

  12. Council must within 42 days of receiving an application for dispensation, either • reject the application; or • exhibit the application • If the application is exhibited any person may make representations about it during the exhibition period

  13. At the end of the exhibition period Council must • Consider the merit of each representation made; and • Provide a report to TPC about its consideration of the merit of each representation

  14. Role of TPC in dispensation process • must hold a hearing in relation to the representation contained in the Council report; and • must grant the dispensation with or without any modifications it sees fit; OR • refuse to grant the dispensation

  15. Summary • Council has not approved or refused an application for a rezoning of the old carpet factory site; • Council has considered the merit of a representation made by 6 businesses in the precinct • It is required by law to provide a report to TPC about the merit of the representation • by a majority vote it has resolved to report to the TPC that this representation has some merit

  16. Summary • TPC is required to hold a hearing about each representation made about the IPS but none have yet been scheduled • Council has been advised that the owner of the carpet factory site intends to make a combined application for a dispensation and planning permit • There is a process Council must follow if and when that application is received

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