Planning in the Brighton municipality is vital. It ensures the orderly and sustainable development of housing, business and community services, and allows the community to provide input as to how the municipality is developed.
Brighton Council is responsible for statutory and strategic land use and development, including the assessment of applications for use and development on land under the Brighton Interim Planning Scheme 2015 (the ‘Scheme’). Longer-term strategic planning for sustainable land-use within the municipality is guided by a range of strategic land use documents and implemented through the use of zones (for example, residential, industrial, commercial, rural etc). The zone that applies to a particular area of land then defines what use and development is possible on it.
A guide to the Tasmanian planning system can be found here.
What requires assessment?
If you are hoping to develop your land, or change the way it is predominantly used, it is safe to assume that an Application for Planning Approval – Use and Development will need to be lodged with Council for assessment. Use refers to the predominant manner in which land is utilised; while development includes, but it is not limited to:
- Construction or exterior alteration of a building or works
- Demolition or removal of a building or works
- Earth-moving works or vegetation removal
- Subdivision of land
- Relocation of a structure
- Display of signs
If unsure about what constitutes a development or change of use, please don’t hesitate to contact us.
For subdivision and strata applications, please use this Application for Planning Approval – Subdivision & Strata form. Both Application for Planning Approval forms have a checklist of what is required in terms of supporting documentation when submitting a valid planning application.
The assessment process
Council administers planning regulations through the Scheme which separates the municipality into zones. Overlays may also apply to your property. These provide trigger additional planning codes for important values and considerations such as heritage, biodiversity, waterways, erosion, and more. The Scheme stipulates use and development standards for each zone and code and these standards must be complied with.
The planning approval process focuses particularly on the impact of the proposal on the site and neighbouring land. Generally, it will address issues such as the following:
- Will it cause overshadowing or loss of privacy to neighbours?
- Is it located an appropriate distance from boundaries?
- Is the scale and size appropriate for the area?
- Does it improve, maintain or detract from the streetscape?
- Is there adequate car and bicycle parking?
- Can it be drained and safely accessed?
- Are there any environmental values or constraints that need to be considered?
A Council planning officer will assess your planning application against the standards of the Scheme. The guiding Land Use Planning and Approvals Act 1993 (the ‘Act’) provides timeframes for Council to determine an application. These are discussed in more detail below.
Types of application
Part 5 and Part 6 of the Scheme lists the types of use and development that are exempt from requiring planning approval. It is important to note that despite an exempt status, building and plumbing approvals may still be required from Council. It is always best to check with planning staff whether or not your use and development is exempt.
Any use not listed as exempt will require assessment against the Scheme to determine if the development is classified as NPR (no planning permit required), Permitted, Discretionary or Prohibited, which are described below.
NPR (No Planning Permit Required):
An NPR use or development means that the use or development applied for complies with the relevant Acceptable Solutions of the Planning Scheme and does not require a Planning Permit. NPR applications are usually assessed within a few days.
Permitted (no public notification):
A permitted application means that Council must grant approval if all provisions of the Scheme are complied with; however, may impose conditions on the permit.
Council has 14 days to request additional information that may be required to make a determination and 28 days to determine an application. Any additional information request will stop the assessment timeframe.
Discretionary (public notification required):
A Discretionary application can either be approved with or without conditions or alternatively refused by Council. Council has 21 days to request additional information that may be required to make a determination and 42 days to determine an application. Any additional information request will stop the assessment timeframe.
A discretionary application requires a 14 day public notification period during which any person may make a written representation to Council in support or opposition of your proposal. The preferred way to make a representation is to email firstname.lastname@example.org.
The advertising period requires Council to place an advertisement in the Mercury Newspaper, a sign erected on the property boundary and letters sent to the adjoining property owners. A discretionary proposal may be approved or refused based on its merits, and any decision may be appealed through the Resource Management and Planning Appeal Tribunal.
Most applications are determined by Council officers under delegation from Council. However, if one or more representations are received within the advertising period an application will be determined by a meeting of Council.
Prohibited (Council must refuse the application):
A prohibited proposal means that Council cannot grant approval as the particular use or development is stipulated as being a Prohibited development within the respective zone. Applications can also become prohibited if certain provisions of the Scheme are not complied with. In this scenario, you may make an application to amend the planning scheme to allow your application and you are strongly encouraged to engage a planning consultant to assist you with any application.
Below are the most common planning-related fees required by Council:
- Use and Development Application: $90 (+ $1.30 per $1,000 of works value)
- Subdivision Application: $360 + $60 per lot
- Minor Amendment to Existing Permit: $90
- Advertising (only required for Discretionary applications): $350
This is not a comprehensive list. All current Council fees can be found here.
Council are responsible for strategic land-use planning within the municipality. Strategic land-use planning aims to facilitate economic development, enhance livability, provide efficient infrastructure delivery and prevent land-use conflicts.
The following strategic planning documents guide future development of the Brighton municipality:
- Brighton Structure Plan 2012
- Brighton Local Area Plan 2012
- Open Space Strategy 2012
- Brighton Tomorrow 2015
- Bridgewater Parkland Master Plan 2016
- Greening Brighton Strategy 2016-2021
The above strategic plans are generally implemented through planning scheme amendments, particularly the rezoning of land. Council or a member of the public can initiate a planning scheme amendment, however it is important that it aligns with the strategic aims of Council and also State Government.
It is recommended that you contact a planning staff member if you wish to discuss the planning scheme amendment process in more detail.
Contact and more information
Please contact Brighton Council Development Services on (03) 6268 7041 or email@example.com if you have any queries.
Alternatively, you can make an online planning enquiry at www.iplan.tas.gov.au.