Tasmanian Planning Scheme

1 Tasmanian Planning Scheme State Planning Provisions F. State Planning Provisions - Version Control Version Effective Date: Amendment Description No: No: 1 2 March 2017 Original version of the SPPs made on 22 February 2017. 2 19 April 2018 01-2017 Minor amendments not requiring public exhibition under section 30H(3) of the Act Tasmanian Planning Scheme State Planning Provisions Foreword The Tasmanian Planning Scheme (TPS) sets out the requirements for use or development of land in accordance with the Land Use Planning and Approvals Act 1993 (the Act). The TPS comprises two parts: the State Planning Provisions (SPPs) which includes the identification and purpose, the administrative requirements and processes, including exemptions from the Planning Scheme and general provisions that apply to all use and development irrespective of the zone, the zones with standard use and development provisions, and the codes with standard provisions; and the Local Provisions Schedules (LPSs) that apply to each municipal area and include zone and overlay maps, local area objectives, code lists, particular purpose zones, specific area plans, and any site-specific qualifications.

2 The SPPs and the relevant LPS together form all of the Planning provisions that apply to a municipal area (the local application of the TPS). These will be administered by Planning authorities. The SPPs also set out the requirements for the Local Provisions Schedules. The provisions in the TPS should be read together with the Act. The foreword, table of contents, headings and footnotes are not legally part of this Planning Scheme . They have been included to assist users' understanding of the Planning Scheme and its relationship with the Act. They are a guide only and do not cover all relevant law relating to the operation of Planning schemes or the Planning application and assessment process. Tasmanian Planning Scheme State Planning Provisions TABLE OF CONTENTS. Identification and Purpose of this Planning Scheme Identification of this Planning Scheme Planning Scheme Purpose Administration Interpretation ( Planning Terms and Definitions).

3 Exemptions Planning Scheme Operation Assessment of an Application for Use or Development General Provisions General Provisions Zones General Residential Zone Inner Residential Zone Low Density Residential Zone Rural Living Zone Village Zone Urban Mixed Use Zone Local Business Zone General Business Zone Central Business Zone Commercial Zone Light Industrial Zone General Industrial Zone Rural Zone Agriculture Zone Landscape Conservation Zone Environmental Management Zone Major Tourism Zone Port and Marine Zone Utilities Zone Community Purpose Zone Recreation Zone Open Space Zone Future Urban Zone Table of Contents Tasmanian Planning Scheme State Planning Provisions Codes Signs Code Parking and Sustainable Transport Code Road and Railway Assets Code Electricity Transmission Infrastructure Protection Code Telecommunications Code Local Historic Heritage Code Natural Assets Code Scenic Protection Code Attenuation Code Coastal Erosion Hazard Code Coastal Inundation Hazard Code Flood-Prone Areas Hazard Code Bushfire-Prone Areas Code Potentially Contaminated Land Code Landslip Hazard Code Safeguarding of Airports Code State Planning Provisions - Applied, Adopted and Incorporated Documents Local Provisions Schedules Requirements Appendix A Local Provisions Schedules Structure Table of Contents Tasmanian Planning Scheme State Planning Provisions Identification and Purpose of this Planning Scheme Identification of this Planning Scheme Planning Scheme Title This Planning Scheme is called the Tasmanian Planning Scheme (TPS).

4 Composition of this Planning Scheme This Planning Scheme consists of two parts: the State Planning Provisions (SPPs) and a Local Provisions Schedule (LPS) for each municipal area in Tasmania. The SPPs include administration clauses, general provisions, use and development standards for zones and codes and LPS requirements. The LPSs include the zone maps, overlay maps, local area objectives, particular purpose zones, specific area plans, site-specific qualifications and code lists for each municipal area in Tasmania. The foreword, table of contents, headings and footnotes are not legally part of this Planning Scheme . Planning Scheme Purpose Purpose The purpose of this Planning Scheme is to further the objectives of the Resource Management and Planning System and the Planning process set out in Parts 1 and 2 of Schedule 1 of the Act and be consistent with State Policies in force under the State Policies and Projects Act 1993 by: (a) regulating or prohibiting the use or development of land; and (b) making provisions for the use, development, protection and conservation of land.

5 Identification and Purpose of this Planning Scheme : 1. Tasmanian Planning Scheme State Planning Provisions Administration Interpretation Planning Terms and Definitions Terms 1 in this Planning Scheme have their ordinary meaning unless they are defined in: (a) the Act; or (b) unless the contrary intention appears, are specifically defined in Table or in a zone, code or specific area plan. In this Planning Scheme , a reference to a Use Table is a reference to the Use Table in a zone or specific area plan. The titles of use classes are listed and use classes are described in Table Wherever used in this Planning Scheme , the use class titles are capitalised. Where a capitalised use class title is used, it is to be taken to refer to the use class listed and as described in Table , unless otherwise qualified or indicated.

6 Table Planning Terms and Definitions Term Definition Act means the Land Use Planning and Approvals Act 1993. access strip means the narrow part of an internal lot to provide access to a road. activity centre means a place that provides a focus for retail, commercial, services, employment, and social interaction in cities and towns. activity centre means the activity centre network or hierarchy referred to in a relevant regional hierarchy land use strategy. adjacent means near to, and includes adjoining. adjoining means next to, or having a common boundary with. adult entertainment means the use of land for the purpose of providing forms of sexually explicit venue entertainment for adults only, and may include provision of food and drink. 1 The Tasmanian Planning Scheme separately lists Use Classes in Table Interpretation: 1.

7 Tasmanian Planning Scheme State Planning Provisions Term Definition adult sex product shop means use of land to sell or hire sexually explicit material, including but not limited to: (a) publications classified as restricted under the Classification (Publications, Films and Computer Games) Enforcement Act 1995; and (b) materials and devices, other than contraceptives and medical treatments, used in conjunction with sexual behaviour. agricultural land means all land that is in agricultural use, or has the potential for agricultural use, that has not been zoned or developed for another use or would not be unduly restricted for agricultural use by its size, shape and proximity to adjoining non- agricultural uses. agricultural use means use of the land for propagating, cultivating or harvesting plants or for keeping and breeding of animals, excluding domestic animals and pets.

8 It includes the handling, packing or storing of plant and animal produce for dispatch to processors. It includes controlled environment agriculture and plantation forestry. AHD means the Australian Height Datum (Tasmania) being the vertical geodetic datum as described in Chapter 8 of the Geocentric Datum of Australia Technical Manual version amenity means, in relation to a locality, place or building, any quality, condition or factor that makes or contributes to making the locality, place or building harmonious, pleasant or enjoyable. amusement parlour means use of land for a building that contains one or more of the following: (a) 3 or more coin, card, or token operated amusement machines;. (b) one or more coin, card, or token operated amusement machines with more than one screen or console that can be played by 3 or more people simultaneously.

9 (c) 2 or more coin, card, or token operated billiard, snooker, or pool tables; or (d) the conduct of laser games or similar. It does not include gambling machines or premises included in the Hotel Industry Use Class. animal pound means use of land for an enclosure for confining stray or homeless animals or animals impounded by a council. animal saleyard means use of land to buy and sell farm animals, and hold such animals for purchase or sale. annual exceedance means the probability of an event with a certain magnitude being exceeded in any probability one year. Interpretation: 2. Tasmanian Planning Scheme State Planning Provisions Term Definition applicable standard means as defined in subclause of this Planning Scheme . application means an application for a permit made under this Planning Scheme .

10 Aquaculture means use of land to keep or breed aquatic animals, or cultivate or propagate aquatic plants, and includes the use of tanks or impoundments on land. art and craft centre means use of land to manufacture, display, and sell, works of art or craft, such as handicrafts, paintings and sculpture. arterial road means a road that predominantly carries through traffic from one region to another, forming principal avenues of travel for traffic movements. assisted housing means housing provided by an organisation for higher needs tenants or residents, including those with physical or intellectual disabilities, and may include associated support services. basement means a storey either below finished ground level or that projects not more than 1m above finished ground level. boarding house means use of land for a dwelling in which lodgers rent one or more rooms, generally for extended periods, and some parts of the dwelling are shared by all lodgers.