Notification of Landowner(s)
As required under Section 52 of the Land Use Planning and Approvals Act 1993, if an applicant is not the owner of the land in the use or development site, the applicant is required to notify all of the owner either prior to or within 7 days from the date of making the planning application. The applicant must sign the application form to acknowledge the obligation to advise such landowners that the planning application has been made.
Crown Land Consent
Crown Land consent is also required for applications for use and development that impacts on State Roads or land/reserves managed by the Tasmanian Parks and Wildlife Service.
Written consent is required from the Department of State Growth for any use or development of land that impacts on any Tasmanian State Road.
Apply for Crown Landowner Consent for use or development on a State Road.
National Parks and Reserves
Consent is required from the Department of Natural Resources and Environment Tasmania for any use or development on land that is managed by the Parks and Wildlife Service or is reserved under the Natural Conservation Act 2002.
Please note that the Parks and Wildlife Service is not responsible for lands administered by other departments, for example school sites even though these are Crown Land.
Your application cannot proceed until you have obtained written consent from the management Agency for the Crown Land that you are proposing to use or develop.
Council-Owned or Administered Land
Written consent is required from your local council General Manager for any use or development that impacts on any council-owned or administered land.
If you are unsure whether the property named in your application is council-owned or administered, please contact your local council for further advice.
Your application cannot proceed until you have obtained written consent from the relevant council General Manager for the Council-owned or administered land that you are proposing to use or develop.
Planning Permit Application Appeal Process
Who Hears Appeals Against a Council Decision on a Planning Permit Application?
Planning appeals are heard by the Resource and Planning Stream of the Tasmanian Civil and Administrative Tribunal). The legislation the Tribunal operates under is the Tasmanian Civil & Administrative Tribunal Act 2020. The Tribunal is completely independent of Council and determines disputes having regard to the relevant law and the evidence presented by parties to those proceedings.
Tasmanian Civil & Administrative Tribunal (TASCAT)
Address: G.P.O. Box 1311, HOBART TAS 7001 or
38 Barrack Street, Hobart
Telephone: 1800 657 500
Who May Appeal a Council Decision on a Planning Permit?
- Applicant: An applicant for a Planning Permit has the right to appeal against a decision made by Council for an approval or refusal of a Planning Permit, or a condition imposed on a Planning Permit, within 14 days after notice of that decision is served on them.
- Owner: If the owner of the land is not the applicant and the Council grants a permit requiring that a planning agreement be entered into, the owner has a right of appeal within 14 days of notice of Council’s decision to grant a Planning Permit.
- Representor: A person or relevant agency who has lodged a representation with Council (either in support of or against an application) during the 14 day advertising period for a discretionary planning permit application, may lodge an appeal within 14 days of notice of that decision being served on them.
In the case of Council refusing to grant a planning permit, there is no right for a Representor objecting to an application to lodge an appeal.
If an appeal has been instituted by a person, any other person whose interests are affected by the decision appealed against may apply in writing to the Tribunal to be made a party to the appeal.
Note: The Tribunal will not notify representors directly if an appeal is lodged. To find out whether an appeal has been lodged you may enquire by phoning the Tribunal after the 14 day period or view the Public Notices section of the Advocate Newspaper on a Saturday which will state whether a Preliminary Conference has been arranged.
Appeal Rights Delay the Coming into Effect of a Planning Permit
If there are no appeals the permit takes effect 14 days after which it was served on any person who has a right of appeal. Where an appeal is lodged against the Council’s decision to grant a permit, the permit does not take effect until the appeal is decided or abandoned.
If the applicant is the only person with a right of appeal, and does not intend to exercise that right, and wants to start the use or development before the end of the 14 day period, they must notify the Council in writing of their intention to do so.
How do I Lodge a Planning Appeal?
A completed Notice of Appeal form is to be submitted to the Tribunal with the required fees. To seek direction on lodging an appeal go the TASCAT website for practice directions and legislation www.tascat.tas.gov.au/resource-and-planning/home
Note: The Tribunal staff may not provide legal advice. They may only provide procedural assistance. If you have questions about the merits of your case, or seeking help in how to conduct your case, the Tribunal has a list of professional people who offer a free initial consultation of 15 minutes over the telephone to people referred to them by the Tribunal.
What does the Planning Appeal Process Involve?
The appeal process commences with a Preliminary Conference at which attendance is required by all parties and which deals with the following matters:
- An explanation of the appeal process;
- Applications to join (it is preferable that all parties join proceedings prior to the preliminary conference);
- Grounds of appeal or statement of issues (reasons for the appeal);
- Jurisdictional issues;
- Alternate Dispute Resolution (explores whether it may be possible to negotiate an agreed outcome rather than going to a full appeal hearing);
- Dates for full hearing (if required);
- Preparation of evidence;
- Provision of information and papers (ensures that all parties have received or will receive the information they need);.
If an agreement and final decision is not made through the preliminary conference or alternate dispute resolution a full hearing of the Tribunal is called where formal submissions and evidence by each party will be presented. After the full hearing the Tribunal endeavours to have a final decision on the appeal delivered to all parties within 28 days from the conclusion of the hearing. The decision of the Tribunal is legally binding.
A right of appeal from the Tribunal decision to the Supreme Court is available only on a question of law. The time for making an appeal to the Supreme Court is 28 days from the date of the final decision.
Costs at the End of a Proceeding
At the end of legal proceedings the Tribunal must make an order regarding the costs that people incur as part of the appeal process. You should read Information Sheet 10 on the TASCAT website https://www.tascat.tas.gov.au/resource-and-planning/facts-andinformation-sheets regarding costs carefully and if necessary take advice.
Note: The Tribunal has a 90 day timeframe within which to hear and determine any appeal.