Overview

The Options Paper proposes an alternative approach to that of making a request to a Council planning authority for confirmation that a development does not require planning approval – where that development complies with the relevant planning provisions in the applicable planning scheme. This includes developments that are ‘exempt’ from the requirements in the planning scheme, or those classified as ‘no permit required’ in the planning scheme.

The Paper puts forward two options for allowing private planning consultants to issue No Planning Approval Required certificates. This proposal for private planning consultants to issue such certificates for ‘exempt’ or ‘no permit required’ developments came out of the Premier’s Economic and Social Recovery Advisory Council (PESRAC) Interim Report (Recommendation 26). It is intended both to reduce delays caused by Councils having to make ‘no permit required’ determinations and the workload on Councils.

Neither Option 1 nor Option 2 as outlined in the Options Paper provided by the Department of Justice provides a convincing argument for changing to a ‘privatised’ certification model. The changes are therefore opposed for the following reasons:

• • No real evidence of the need for a private planning consultant-based system is presented.
• • There will be additional (as yet unspecified) costs to users for having a private planning consultant issue a certificate and another regulatory component in the system.
• • Questions of liability and enforcement remain unclear.
• • There is increased potential for conflict of interest utilising private planning consultants for certification in a small market like Tasmania – and potential for users to ‘shop around’ on marginal developments.
• • The proposed models may lead to increased uncertainty – and therefore delays and/or costs – when Councils can override private consultant certificates.
• • No real transparency in the process – the public will not be able to go to a recognised information source such as local government to find out whether a development has been confirmed as exempt.

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