Planning

Please talk to our planners! We offer free pre-application advice session for planning application. Call us on 03 6452 4800.

We will request information like:

- Property address or ID

- What are the current uses or existing buildings on the land?

- What your proposed development/work/change of use?

- Drafted site plan for new structure/building including its dimensions and how far away from the boundaries.

- Other related information such as operation hours, parking spaces, and reports.

The Tasmanian Planning Scheme is a single state-wide planning scheme which is progressively replacing the 30 current planning schemes operating in Tasmania. Circular Head transitioned to the state-wide planning scheme on 26 May 2021. For additional information including the State Planning Provisions, Local Provisions Schedule and Tasmanian Planning Scheme Maps please click here

• We highly recommend using PlanBuild enquiry. You can enter your address and get advice from what zone and codes applied to your property.

Step 1: pre-application advice

We offer free pre-application advice sessions to determine whether your proposal requires a planning permit. : If the result of the pre-lodgement assessment requires you to obtain a Planning permit, please see Step 2

Step 2: submit planning application

To apply for a planning permit you need to complete and submit:

- [Compulsory] An application form at: Application-for-Permit_Tasmanian-Planning-Scheme-Circular-Head-DW-21-016-1.pdf (circularhead.tas.gov.au).

- [Compulsory] Current copy of title document sets (e.g. title certificate, folio plan and text) and any of schedule of easement or Part 5 Agreements if applicable. You can get those documents from Home (thelist.tas.gov.au) or Service Tasmania.

- [Compulsory] Proposal documents/plans showing proposed works and developments.

- [Recommended] Provide written addressing the relevant Clause(s) or Section(s) of the planning scheme that may be triggered with proposed works and developments.

- [Optional] If the proposal requires use of Council land you must include consent from the General Manager. You can contact our Development and Regulatory Services team to request consent.

- [Optional] If the proposal requires use of Crown land you must include consent from the Minister responsible for the administration of the Crown Land. The Department of State Growth has more information on how to make a request and a form you will need to use to gain Crown land consent. If the consent is given by a delegate of the Minister, you will need to provide a copy of the delegation.

How to submit:

- Email to council@circularhead.tas.gov.au

- By post – Development and Regulatory Services, Circular Head Council. 33 Goldie Street, PO Box 348, Smithton, TAS 7330

- Drop into our office at Circular Head Council, 33 Goldie Street, Smithton, TAS 7330

For the assessment fee, please see: Planning | Circular Head Council.

Step 3: initial application assessment

We will refer your application to other Council employees, including, but not limited to: a Development Engineering Officer, Plumbing Officer, and Environmental Health Officer.

We may refer your application to other relevant Governmental Agencies, including, but not limited to: TasWater, TasNetworks, Tasmanian Heritage Council, Department of State Growth, and EPA.

Once these officers have completed their initial assessment of your proposal, we will determine whether further information is required to advertise and/or assess your development.

If we need more information we will let you know in a timely manner. Planning officers have up to 21 calendar days* to request further information for discretionary planning applications and up to 14 calendar* days for permitted planning applications.

*if the 14^th or 21^st day lands on a public holiday, the time frame to request further information is extended until the next calendar day

Step 4: application advertising for (discretionary application only)

Your discretionary planning application will be advertised in local newspaper, with notices published every Wednesday and Saturday.

The relevant plans can also be viewed at Circular Head Council, 33 Goldie Street, Smithton, TAS 7330 or at the top of this page.

Step 5: making a representation (discretionary application only)

Members of the public have 14 calendar days** from the date of advertisement to lodge a representation with Council (as per the representation expiry date).  This must be done in writing and should state the reasons why they support or object to the application. How to make a representation -> see at Object to a Planning Application and making an appeal

Step 6: second application assessment and decision

The time the assessment takes varies depending on the size and complexity of the project. Assessment against the planning scheme provisions must be made. Planners consider all available and relevant information provided in previous stages for the planning reports which will be recommended for approval or refusal.

We will issue a notice of our decision to approve or refuse the application.

For discretionary application only

If there is no representation was made during the advertising period, the applications are not required to be decided at the Planning Authority meetings and these applications are decided under delegation, with appeal rights maintained.

If one or more representation were made during the advertising period, the applications are required to be decided at the Planning Authority meetings. Circular Head Council, which is made up of nine Councillors, has full authority to decide planning permit applications at its monthly meetings.

The panel reviews reports prepared by the planners that contain assessments of planning applications against the requirements of the relevant planning scheme. Each report makes a recommendation on whether to approve or refuse an application.

If the recommendation is for approval, conditions may be recommended. If the recommendation is for refusal, the reasons for refusal are included.

If you have made a representation, you will be notified in writing within seven days from the date the Circular Head Council makes its decision.

Step 7: appeal a planning decision

Any applicant for a planning permit can appeal, but it needs to be within 14 days of receiving notice of the decision.

If you are not satisfied with our decision on a planning permit application you can appeal to TASCAT, which is an independent body. See more at: Object to a Planning Application and making an appeal

Step 8: request for an amendment or an extension

We know things change with time. If you come up with new plan or want to delay the works, please make an amendment to your planning permit or request for an extension.

Amendments

You can request a minor change to your planning permit to amend approved plans or change a part of your permit.

You need to complete the Request for Amendment Application Form (PDF) at , include the owner’s consent (if relevant), and pay the fees.

It’s best to talk to a planning officer first to see if the proposed change can be considered. Please contact us to discuss.

Extensions

Planning permit has 2-year timeframe before it is lapsed, unless you have evidence that the substantial development or use has been commenced accordingly.

Under Land Use Planning and Approvals Act 1993, you can request for extension of time. The request must be in writing and made no later than 6 months from the date the permit lapsed. We may grant 2 separate extensions of time to your permit. Each extension is for 2 years.

Please contact our Development and Regulatory Services team at 6452 4885 or development@circularhead.tas.gov.au for more information.

For current advertised planning application:

- Members of the public have 14 calendar days** from the date of advertisement to lodge a representation with Council (as per the representation expiry date).  This must be done in writing and should state the reasons why they support or object to the application.

- Step to make a representation? Make sure you follow the steps below

+ Review the advertised application proposal, you can view it online at: Current Advertised Planning Applications

+ Fill in Development application representation form

+ State your ground reason for objection or support the development application

- Please note that only planning matters will be considered in the Council Meeting for final decision. We strongly encourage representors to address relevant triggered discretionary items under effected planning scheme.

For appealing after Council’s decision:

You can appeal either against the refusal of an application or the conditions imposed on a planning permit.

To make an appeal you must be:

- The applicant of the planning application OR

- The person who lodged a representation (objection) with us during the advertising period of the planning application

- Made within 14 days of Council’s decision to grant a planning permit.

Lodging an appeal, please see more at Resource and Planning Stream (TASCAT)

Attenuation Areas of Intermittent Activities

Planning approval is not required if a new single dwelling or an ancillary dwelling built on a property zoned General Residential, Rural Living, or Low-density Residential can meet all applicable acceptable solutions of the zone and codes. However, a new dwelling or an ancillary dwelling in Smithton triggers the Attenuation Code because its location is within the attenuation areas of existing intermittent activities.

Council has identified three intermittent activities in Smithton:

· Smithton Rifle Range (100 Rifle Range Road)

· Briant Park’s motorcycle & go-kart racing track (49 Pump House Road) and

· Circular Head Boat Club (West Esplanade).

Refer to the maps below identifying their attenuation areas to Smithton.

Circular Head Rifle Range and its attenuation area

Motorcycle & go-kart racing track and its attenuation area

Circular Head Boat Club and its attenuation area

Therefore, proposed new dwellings within the residential zones mentioned above that have No Planning Permit Required or Permitted status, now require discretionary planning permits as a result of those intermittent activities above.

Council’s Solution

While a planning permit is still required for applications that are discretionary only because of the Attenuation Code and the intermittent activities listed above, Council is offering to relax planning requirements and reduce application fees.

From 1 July 2024, new dwelling planning applications that are only triggered as discretionary because of their location within the intermittent attenuation areas identified above will not be required to submit an attenuation report and will be charged reduced fees in accordance with the table below.

Please check with the Council’s Town Planner to confirm if you are eligible for the relaxation of planning requirements and reduced fees.

Notes:

* Application type is for a new dwelling in the General Residential, Rural Living, Low-Density, or General Business Zones and is able to meet all acceptable solutions within the relevant zone and codes. Dwellings on a property zoned General Business must maintain their Permitted status.

** The Application must be discretionary ONLY because of the Attenuation Code triggered by Smithton Rifle Range (100 Rifle Range Road), Briant Park’s motorcycle & go-kart racing track (49 Pump House Road), and Circular Head Boat Club (West Esplanade).