If you intend to subdivide land, develop or use land or buildings, or conduct business-related work from home, it is likely that you will need a Council Planning Permit. The Planning Department can assist people with a wide range of land use and development enquiries. Contact us.
Under the Southern Midlands Planning Scheme, various zoning areas apply to the Southern Midlands municipality. Under these zones, there is a Table of Uses and Developments that identify any restrictions within that zone.
Permitted Use or Development:
An application to council must be made to obtain a permit for the development. Council, must approve the development, but may approve the development subject to conditions.
Discretionary Use or Development:
- Variation from specified development standards of planning scheme; or
- A land use or development that is considered to have the potential for detrimental impact on the surrounding area.
Application for a permit is required and may be refused or a permit issued with or without conditions.
Prohibited Use:
Not allowed.
Planning Compliance
What are the penalties for not complying with the planning scheme?
If you undertake use or development without approvals or undertake use or development contrary to a permit condition, penalties can apply.
These penalties include monetary penalties which can amount to several thousands of dollars. Severe breaches can also be prosecuted.
Where breaches have occurred, we prefer to work constructively with people to obtain the necessary approvals. Council has, however, successfully prosecuted individuals who failed to either comply with the planning scheme or cooperate with compliance directions.
If you are concerned that a person may not be complying with the planning scheme, you can:
- Raise the issue with Council staff; or
- Lodge a formal notice of suspected contravention with Council.
All complaints are investigated in accordance with the Council’s Enforcement Policy.
The Land Use Planning and Approvals Act 1993 provides enforcement powers and procedures to Council as well as providing civil enforcement processes for individuals.
Water sensitive urban design
Council’s Strategic Plan 2022-2032 at Part 1.7 contains a reference to Water Sensitive Urban Design
- 1.7 Drainage - What are we aiming to achieve.
- 1.7.1 Maintenance and Improvement of the town stormwater drainage system.
- 1.7.1.1 Continue to program capital works that improve the effectiveness or the stormwater drainage systems in the towns of the municipality.
- 1.7.1.2 Research best practive methods for the disposal of stormwater that is applicable to country towns and rural living.
- 1.7.1.3 Adopt 'Water Sensitive Urban Design Principles' where appropriate.
Water is essential to the health of the environment. As a valuable natural resource it has two dimensions that are closely linked: quantity and quality.
To protect Southern Midlands water resources and waterways from long-term impacts of urbanisation, we need to reduce flows and treat stormwater runoff from water-resistant surfaces.
The water sensitive urban design guidelines (devised by Derwent Estuary Programme www.derwentestuary.org.au are intended to help lessen the long-term impacts that urbanisation and development has on our waterways. They offer an improved standard of water management in new and existing development of various types from subdivision through to vehicle parking areas.
These guidelines include 12 sets of Practice Notes that provide technical information and ideas for greater efficiency in water use and reuse. They promote the onsite collection, treatment and use of stormwater, as well as the installation of more efficient home fittings and appliances as part of an integrated system.
While mainly aimed at building and infrastructure design professionals the guidelines also provide a good general overview for everyone.
The guidelines can be downloaded below.
www.derwentestuary.org.au/water-sensitive-urban-design
Standard Engineering Drawings
The Local Government Association of Tasmania publishes two sets of documents for works on public assets or to create new public assets (roads, footpaths, stormwater infrastructure and others).
One set of documents, the Subdivision Guidelines, are for use in a subdivision context. The other set of documents, the Tasmanian Municipal Standard – Specifications along with the Tasmanian Municipal Standard – Drawings (which are to be read together) are for works outside the subdivision context.
Both sets of documents can be accessed from the Local Government Association of Tasmania website.
Rather than providing strict prescriptive requirements, the drawings only provide the minimum requirements. The intention of the standard drawings is that they are integrated into the design at hand, allowing greater flexibility to meet site-specific requirements. The designer will remain fully responsible for all aspects of their design and to ensure that designs comply with all the relevant Australian Standards and other regulations.
Road design should also be in accordance with Austroads guidelines.
Drawings
Design drawings for road geometry and drainage are available directly from the IPWEA website. Please read their advice before you use the drawings.
Specifications
Three specifications are included in the Tasmanian Councils' Standards for Subdivisions.
You can also access and print the Department of State Growth's Roadworks Specifications from the Transport Services' contractor and industry information webpage.
Condition of use
The specifications and drawings were prepared to assist in the design and construction of municipal road and hydraulic infrastructure. The documents are designed to be used in conjunction with each other and under the supervision of Council officers who are trained and experienced in their application. We do not consider the documents suitable for use for any other purpose.
If you use these documents for any purpose that is not consistent with the above (including, without limitation, for carrying out any investigations, design, construction, engineering, maintenance or other work), you do so at your own risk.
The drawings only provide the minimum requirements. It is the responsibility of the designer to ensure that designs comply with all the relevant Australian Standards and other regulations.
It is the responsibility of the designer and the developer to ensure that safe construction methods are used and that the construction work complies with the approved design drawings and all the relevant standards and regulations.
Distilleries & Bond Storage
In a fast growing and valued industry, Southern Midlands Council recognise that Distilleries, Bond Stores, Breweries & Wineries have become an important aspect of Tasmania’s hospitality industry.
A safe, complaint industry for workers and visitors is the first priority when it comes to these particular developments, and therefore triggers a wide range of requirements that need to be taken into consideration.
Approval requirements:
- Manufacturers License – Australian Tax Office
- Liquor License – State Treasury
- Planning – Local Council
- Building – Building Surveyor & Local Council
- Plumbing Local – Council
- Environmental Health – Building Surveyor & Local Council
- Emergency Plan – Workplace Safety/ Building Surveyor/ Council
- Bushfire Documentation – Bushfire Practitioner
- TFS Documentation – Tasmanian Fire Service
Associated Legislation:
- Land Use Planning and Approvals Act 1993
- Building Act 2016 – Directors Determination Bushfire Hazard Areas
- Building Regulations 2016
- General Fire Regulations 2021
- Work Health & Safety Act 2022
- Code of Practice – Managing risks of hazardous chemicals in the workplace (2018)
- AS 1940:2017 The storage and handling of flammable and combustible liquids
Non-Compliance
For retrospective approvals, Southern Midlands Council have adopted the process for a Fire Upgrade Report & Notice to be issued to the property owner under section 240 of the Building Act 2016.
After a site inspection takes place, council will deem the site as a special fire hazard; and that a fire hazard exists.
For further information please contact Southern Midlands Council on 6254 5000 or email mail@southernmidlands.tas.gov.au
For more information contact Council's Planning Office.