Representations and Appeals

How Do I Find Out About a Planning Permit Application?

There are two main kinds of planning permit applications – "discretionary" applications, which have to be advertised and "permitted" applications, which are not advertised.

 Any person has a right to object to a discretionary application during the 14 day advertising period. Council may approve or refuse a "discretionary" planning permit application.

 Council is bound to approve a "permitted" planning permit application, with or without conditions. There is no right of objection for "permitted" applications.

 Council is required to publicly advertise a "discretionary" planning permit application by:

• Sending a written notice to all adjoining owners and occupiers of land.
• Put a notice up at the public boundary/boundaries of the land.

• Put an advertisement in the newspaper. (Council advertises “discretionary” applications in The Mercury).

How Can I make a represention to a Planning Permit Application?

A "representation" is a written submission made in support of, or in opposition to, an advertised (discretionary) planning permit application. You can submit a representation to any planning permit application advertised by Council. To do so, simply write to the Council within the 14-day advertising period.

 When writing in to Council you should make sure you include the following:

• Your name and address
• The date
• Your signature
• The address or another reference for the proposal you are making a representation to
• The reasons why you are making a representation to the proposal

When Do I Need to Lodge my representation?

It is important to lodge your representation with Council within the 14 day advertising period in order to ensure that Council is formally required to consider it when deciding upon the application and to ensure that you have appeal rights (if you decide to appeal Council’s decision on the application).

Who Can make a representation to a Planning Permit Application?

Anyone can make representation to a proposal, which has been advertised by Council, whether you are a neighbour or are just generally concerned about a proposed use or development.

What Does Lodging an representation Do?

Once a representation is lodged, the application will go to the monthly Southern Midlands Council Meeting.

Meetings are open to the public. If you would like to attend the meeting, please contact Council’s Planning Section on contact to find out the date and time of the meeting.

A Planning Authority is required by law to consider your objection, as well as the requirements of the Planning Scheme, when making its decision about an application.

Once the Planning Authority makes its decision, Council is required to notify you in writing of its decision with 7 days.

If you are still unhappy with Council's decision and have lodged a representation within the 14 day advertising period, you have the right to lodge an appeal with the Resource Management and Planning Appeal Tribunal within 14 days after being served notice of Council's decision.

Who Hears Appeals Against a Council Decision on a Planning Permit Application?

Planning appeals are heard by the Resource Management and Planning Appeal Tribunal, which is a body established under the State’s planning laws. The Appeal Tribunal is completely independent of the Council.

The Tribunal’s contact details are as follows:

• Phone 03 6233 6464
• Fax 03 6224 0825
• Postal Address: GPO Box 2036, Hobart TAS 7001
• Street Address: Level 1, 144–148 Macquarie Street Hobart
• Web: www.rmpat.tas.gov.au

Who May Appeal a Council Decision on a Planning Permit Application?

Any applicant for a planning permit may appeal Council’s decision on a planning permit application within 14 days after notice of that decision is served on them. The applicant may appeal either against Council’s decision to refuse an application, or against the conditions imposed by Council on a planning permit.

Any person who has lodged an objection (representation) with Council during the 14 day advertising period for a discretionary (advertised) planning permit application may lodge an appeal within 14 days after being served notice of Council’s decision to grant a planning permit.

If the applicant for a planning permit is not the owner of the land and the Council grants a permit requiring that a planning agreement (under Part 5 of the Land Use Planning Approvals Act) be entered into, then the owner of the land has a right of appeal within 14 days after being served notice of Council’s decision to grant a planning permit.

In the case of Council refusing to grant a planning permit, there is no right for an objector (representor) to lodge an appeal.

Please note that the Appeal Tribunal will not notify you directly if the applicant appeals. To find out whether the applicant has appealed, you may look for the Appeal Tribunal’s notice giving the time frame and place of the Directions Hearing. This notice is published each week in the Public Notices section of the Saturday Mercury. Otherwise you may ring the Appeal Tribunal on 03 6233 6464.

If the applicant does appeal, you may apply in writing to the Appeal Tribunal to request being "joined as a party" to the appeal. If you wish to become a party to the appeal, you should also go to the Directions Hearing.

Appeal Rights Delay the Coming into Effect of a Planning Permit

If there is a right of appeal against the granting of a permit, the permit takes effect at the end of 14 days from the day on which notice of the granting of the permit was served on the person who has a right of appeal.

Where an appeal is lodged against the Council’s decision to grant a permit, the permit does not take effect until the appeal is decided or abandoned.

If the applicant is the only person with a right of appeal, and does not intend to exercise that right, and wants to start the use or development permitted before the end of the 14 day period, he or she must notify the Council in writing of his or her intention to do so.

How Do I lodge a Planning Appeal?

You lodge an appeal by submitting a completed “Notice of Appeal” form to the Tribunal and paying the required fees.

What Does the Planning Appeal Process Involve?

The appeal process starts with a "Directions Hearing" involving the Registrar of the Appeal Tribunal and the people taking part in the appeal.

At that Directions Hearing, the Registrar usually:

• Explains the appeal process.
• Makes sure that the people taking part in the appeal have received or will receive the information they need.
• Explores whether the appeal can be sorted out through a mediation process.
• Sets the date of a future hearing(s).
• Makes any orders that might be required (for example, requiring the exchange of information associated with the appeal).

If the appeal cannot be resolved through mediation, the Registrar will arrange a Full Hearing of the Appeal Tribunal, in which the people involved in the appeal make formal submissions to the Tribunal members.

The Tribunal would then make a decision on the appeal, which is legally binding on all parties.

For more information about the appeal process, go to the Resource Management and Planning Appeal Tribunal