Agenda 18 January 2011 - King Island Council

Other Issues
Section 33 of the Land Use Planning & Approval Act 1993 (LUPPA) provides for a person
to request a Planning Authority to amend a planning scheme administered by it.
Before making a decision to initiate a draft amendment, Council must consider the
matters set out in Section 32 of LUPAA.
Should Council resolve to initiate the draft amendment, it will be necessary for the draft
amendment to be certified by Council in accordance with Section 35 of the Act.
This report details the basis and reasons for the recommendation. An alternative
decision by Council will require a statement of the reasons for the decision in order to
maintain the integrity of the planning approval process and to comply with the intent of
the Judicial Review Act 2000. In addition, Section 25 of the Local Government (Meeting
Procedures) Regulations 2005 provides that the General Manager is to ensure that the
reasons for a decision by a Council acting as a planning authority are recorded in the
minutes of the meeting.
Assessment
Before certifying a draft amendment, a planning authority must determine that a draft
amendment meets the requirements specified in section 32 of the Act, which provides
that an amendment to a planning scheme:
a) Must seek to further the objectives of the Resource Management and
Planning System of Tasmania set out in Schedule 1 of the Act; and
b) Must be prepared in accordance with the provisions of State Policies made
under the State Policies and Projects Act 1993; and
c) May make any provision that relate to the use, development, protection or
conservation of any land; and
d) Must have regard to the safety requirements set out in the standards
proscribed under the Gas Pipelines Act 2000.
Objectives of the Resource Management and Planning System of Tasmania
The Objectives of the Resource Management and Planning System of Tasmania are
listed below with appropriate planning comment:
(a)
to promote the sustainable development of natural and physical resources and the
maintenance of ecological processes and genetic diversity; and
Comment: The subject land is not identified as having any natural or physical
resources of note as they are developed sites that demonstrate no ecological
processes that require maintenance
- 48 - Ordinary Council Meeting – 18 January 2011