The Planning Matters Alliance Tasmania (PMAT) thanks the Tasmanian Planning Commission for the opportunity to comment on the Draft Tasmanian Planning Policies.

PMAT has been responding to the largest planning reform agenda in Tasmania’s history which has been conducted largely over two phases.

Phase One of the planning reforms involves the introduction of a statewide planning scheme, the new Tasmanian Planning Scheme, which consists of two parts:

• State Planning Provisions that apply broadly across Tasmania; and the

• Local Provision Schedules that is applied to each Council area.

The State Planning Provisions came into effect in March 2017 but have no practical effect until a Local Provisions Schedule is in effect in a municipal area. Phase one reforms are now nearing completion with the Tasmanian Planning Scheme taking effect in 21 of the 29 municipalities across Tasmania.

Phase 2 of the State Government’s planning reform commenced in 2021 and includes a review of the State Planning Provisions, introduction of the Tasmanian Planning Policies, the creation of a regional land use planning framework, and a review of Tasmania’s three Regional Land Use Strategies.

The State Planning Provisions will also require review for consistency with the Tasmanian Planning Policies once they are finalised.

Planning Policy Context: State Policies versus Tasmanian Planning Policies

State Policies

State Policies, three of which are operational in Tasmania, ‘….articulate the Tasmanian Government’s strategic policy direction on matters of State significance related to sustainable development of natural and physical resources, land use planning, land management, environmental management and environment protection.’

PMAT’s long stated position has been for the creation of State Policies over Tasmanian Planning Policies as they tend to deal with the most important issues that affect the whole State and critically bind all State agencies to uphold them and assist with their implementation.

State Policies are also scrutinised and passed by the by the Parliament of Tasmania, they provide for a whole of Government approach (i.e. they bind the Crown and local councils) and they are the most appropriate mechanism to deliver statewide policy direction for land use planning.

In 2014, the last time the Tasmanian Liberal Party released a planning policy, it stated that ‘Immediately after the [2014] election, a majority Liberal Government will…. commence drafting state policies to provide the necessary guidance to councils on how to implement the single statewide planning scheme and plan for Tasmania’s future land use needs’.

Since then, no new State Policies have been created and Tasmania’s three State Policies have not been reviewed since they were created in 1996, 1997 and 2009.

Tasmanian Planning Policies

In 2018, instead of creating State Policies, the State Government developed a new planning policy instrument called the Tasmanian Planning Policies which added a layer of complexity to an already complex planning system.

Tasmanian Planning Policies have a narrower affect than State Policies as they only apply to the planning system. They are also only signed off by the Planning Minister and are not required to be passed by the Parliament of Tasmania and do not provide for a whole of Government approach.

Also, contrary to logical planning, the State Government developed the statewide planning scheme without providing the policy setting. That is, the State Government created the Tasmanian Planning Scheme without guidance of the Tasmanian Planning Policies.

Although it is acknowledged that the current State Planning Provisions review will consider their alignment with the Tasmanian Planning Policies, once these are finalised.

Even thought PMAT would have preferred the creation of a suite of State Policies to guide the development of the Tasmanian Planning Scheme, PMAT did welcome the creation of the Tasmanian Planning Policies as a positive step towards strategic planning as they have the potential to provide some long awaited policy direction to Tasmania’s planning system.

Summary of PMAT’s Recommendations

PMAT’s recommendations are explained in more detail in Section 3 below.

1. The State Government to better fund and allocate more resources to policy and strategic planning work to support the land use planning system.

2. Simplify and redraft the Tasmanian Planning Policies and re-advertise for public comment. If it is not redrafted and readvertised for public comment, we would like to provide more detailed comment on the individual policies, objectives and strategies;

3. Tighten and improve the language of the Tasmanian Planning Policies and ensure it is consistent with the Land Use Planning and Approvals Act 1993;

4. Align the Tasmanian Planning Policies with Schedule 1 of the Land Use Planning and Approvals Act 1993;

5. Develop a mix of Tasmanian Planning Policies and State Policies prioritising State Policy development for climate change, Aboriginal Cultural Heritage and biodiversity.

6. Provide clarity on how the Tasmanian Planning Policies will apply to the planning system and how competing Policies will be resolved;

7. Provide clarity on how the effectiveness of the Tasmanian Planning Policies will be monitored;

8. Remove Tasmanian Planning Policy 7.0 Planning Processes as it is inconsistent with Section 12B (1) of the Land Use Planning and Approvals Act 1993 and will allow for the deregulation of the planning system which will undoubtedly favour the development sector over local communities and undermine democratic governance.

An overarching concern

Following the making of the Tasmanian Planning Policies the State Planning Provisions, which form the core of the Tasmanian Planning Scheme, are required to be reviewed for consistency with the Tasmanian Planning Policies.

PMAT formed in 2016 in direct response to the many concerns Alliance members have with the State Planning Provisions. We have been advocating for seven years for significant improvement across a range of key areas. PMAT is also participating in the State Planning Provisions Review. See PMAT’s submission here.

We are concerned that the Tasmanian Planning Policies, depending on how they are worded, could hinder much needed improvements in the State Planning Provisions such as better residential standards, biodiversity management and much more.

Public Hearings

PMAT requests that the Tasmanian Planning Commission hold public hearings into the representations and that we are invited to participate in all public hearings.

Yours sincerely,

Sophie