Representations & Appeals

A written submission in support or in opposition to an advertised (discretionary) planning application is called a representation.

These discretionary applications are made public:

• within the Public Notice section of The Mercury on weekdays;
• on the Council website;
• on all frontages of the property; and
• in writing to all adjoining neighbours.

The notice provided during public exhibition specifies the date by which a representation must be received and how it is to be received by Council.  Late submissions, or submissions sent directly to a staff member, Councillor or otherwise not as specified will not be considered valid.

A representation can raise any matter.  However, as the application can only be assessed against the applicable planning scheme Standards issues that are not relevant to the planning scheme are usually not given significant weighting in the assessment.  We encourage people to review the planning scheme and seek clarification where needed.

We have a representation form which you may use, or you can prepare your own letter or email.

A written representation should include:

• your contact details – given the short assessment timeframes we prefer to contact you via email or phone
• the address of the planning permit application or our reference number
• the nature of the merits or concerns with the proposed planning application.

To be effective, your representation should only raise matters that relate to relevant provisions of the planning scheme and provide reasons for the objection. Some common examples of valid concerns with an application include:

• type of land use is not appropriate
• appearance or character
• overshadowing or overlooking
• traffic or parking
• proposed development is at odds with the requirements of the planning scheme.

We can assist you in interpreting and understanding plans and documentation submitted with an application during the public exhibition period.   We cannot discuss with you the merits of the development or possible arguments against it. Planning staff will provide an objective assessment of the application in accordance with the requirements of the relevant planning scheme and do not act on behalf of the developers or any person objecting to it.

To help prepare the most effective representation, especially for a complex application, you can engage a private planning consultant. A planning consultant can undertake a review of the relevant planning scheme and the proposed development and help identify and explain those valid concerns to include in a representation.

To find a planning consultant, visit the Planning Institute of Australia website.

Your full representation will be considered as part of the decision to approve or refuse a proposal. If the decision is made under delegation, then the Officer making the decision will read your representation and take it into account.

If the decision is made by the SPA, the Councillors will receive and review the full representation.  The representations are published as part of the agenda papers with names and addresses de-identified.  The report which is provided to the Elected Members as part of the agenda papers will provide a summary of the issues raised in all of the representations.

Council will not provide a copy of your representation to the applicant unless you provide your consent to do so. It may be preferable to provide your consent so that the applicant understands your concerns properly and is able to contact you to discuss them.

If the decision is appealed to the Tasmanian Civil and Administrative Tribunal (TASCAT) then your representation, including your name and contact details will be provided to the Tribunal, the developer and any other party to the appeal.

Depending on the circumstances, an application may be determined by a Council Planner or DASC.

If the decision is made by a Council Planner, then the Officer making the decision will read your representation and take it into account. You will not have any further involvement in the decision making process.

If the decision is made by DASC, Councillors will receive and review your full representation. You may attend the DASC meeting however it is not possible to speak at DASC.

After the decision is made, you will be notified of the decision in writing and will be provided with a copy of the planning permit or reasons for refusal.

If you have made a valid representation, you are entitled to appeal the decision or join an appeal lodged by another party.

Appeals may be lodged with the Tasmanian Civil and Administrative Tribunal (TASCAT). An appeal must be made within 14 days from Council providing the notice of the decision.

Please note that the Tribunal with not directly notify representors if an appeal is lodged by an applicant. You may either look for the notice of appeal, which will be published in The Mercury, or contact the Tribunal directly.

The Tribunal can be contacted by phone on 1800 657 500, online on the TASCAT website, or by mail to GPO Box 1311, Hobart TAS 7001.  The Tribunal has a required form and a prescribed fee for making an appeal.

Petitions are counted as 1 representation regardless of the number of signatories. Separate objections are required from each petitioner if you wish to have appeal rights, otherwise only the first signatory will have those rights.

Any petition that is received by the Planning Authority for the purpose of making a representation will be separately reviewed and responded to in accordance with the Local Government Act 1993.