Tasmanian Consolidated Acts

LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 51

      (1) A person must not commence any use or development which, under the provisions of a planning scheme or special planning order, requires a permit unless the planning authority which administers the scheme or order has granted a permit in respect of that use or development and the permit is in effect.

      (1A) A person may apply to a planning authority which administers a planning scheme or special planning order for the granting of a permit for a use or development which under that scheme or order requires a permit to be granted in respect of that use or development.

      (1AB) A planning authority must not refuse to accept a valid application for a permit, unless the application does not include a declaration that the applicant has –

(a) notified the owner of the intention to make the application; or

(b) obtained the written permission of the owner under section 52.

      (1AC) For the purposes of subsection (1AB), a valid application is an application that contains all relevant information required by the planning scheme applying to the land that is the subject of the application.

      (1B) If an undertaking is in respect of –

(a) a combination of uses; or

(b) a combination of developments; or

(c) a combination of one or more uses and one or more developments –

      (2) In determining an application for a permit, a planning authority –

(a) must seek to further the objectives set out in Schedule 1; and

(b) must take into consideration such of the prescribed matters as are relevant to the use or development the subject of the application; and

(c) must take into consideration the matters set out in representations relating to the application that were made during the period referred to in section 57(5).

      (3) The decision of a planning authority on an application referred to in subsection (1A) or (1B) is to be made by reference –

(a) to the provisions of the planning scheme or special planning order as in force at the date of that decision; or

(b) if the planning authority has been required under section 28(1)(a) to modify a draft planning scheme and that draft planning scheme has not been approved by the Commission at the date of that decision, to the provisions of the draft planning scheme modified as required; or

(c) if the planning authority has been required under section 41(a) to modify, or alter to a substantial degree, a draft amendment to a planning scheme and that draft amendment has not become operative at the date of that decision, to the provisions of the planning scheme as they would be if the draft amendment modified, or altered to a substantial degree, as required had become operative.

      (3A) A permit to which section 57 applies may be subject to such conditions or restrictions as the planning authority may impose.

      (4) A permit to which section 58 applies may be granted subject to such conditions or restrictions as the planning authority may impose with respect to any matter specified in the relevant planning scheme or special planning order.