Agenda 18 January 2011 - King Island Council

The applicant has prepared a detailed report to support their request for a draft
amendment to the King Island Planning Scheme 1995. This report sets out the
background of the proposal, identification of the subject land, recognition of the
planning controls and an analysis of compliance with the provisions of the Land Use
Planning and Approvals Act 1993.
Statutory Requirements
The planning authority is to take into consideration as to whether the proposal is
consistent with those matters cited under Section 32 of the Land Use Planning &
Approvals Act 1993 (LUPAA) before making a decision as to whether the proposal should
be initiated as a draft amendment.
Where a decision has been made to initiate the proposal as a draft amendment, advice is
to be sought under Section 65 of the Local Government Act 1993 as to whether the draft
amendment meets the requirements of Section 32 of LUPAA before certifying the draft
as ready for public exhibition.
The draft amendment is subject to final approval from the Tasmanian Planning
Commission. The decision making process would take into account the objectives of
LUPAA, submissions received during the period of the public exhibition and findings at
the conclusion of any public hearing so instigated.
Strategic Considerations
Council has an implied responsibility to consider proposals that promote fair,
orderly and sustainable development on the Island, whilst advancing the key
principles inherent within the King Island Strategic Plan 2004.
Public Interest
If, and when the Planning Authority makes the determination to certify the draft
amendment in accordance with Section 35 of the Land Use Planning Approvals Act 1993,
a copy of the draft instrument will be placed upon public exhibition for a period not less
than twenty-one days.
The public would be invited to submit representations, which would be taken into
consideration by the planning authority in reviewing the draft amendment. The draft
(with or without recommendations for modification) would be presented to the
Tasmanian Commission for consideration for approval.
- 47 - Ordinary Council Meeting – 18 January 2011