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Planning Objections & Appeals
The planning system in Tasmania is a complex system governed by a large variety of legislative and ancillary instruments which are ever changing. At present, there are approximately 38 different planning schemes in force in Tasmania. The Tasmanian Government is in the process of implementing a reform program aimed at achieving regional consistency through the introduction of regional land use strategies and the introduction of new planning schemes utilising a model planning scheme template.
The practical effect of this reform is that uncertain times lie ahead for property owners, developers and other interested parties. Many of the new planning schemes will affect property rights by changing zonings and ultimately, the uses to which certain properties can be put.
We can assist you to protect your rights by guiding you through the reform process. This may involve lobbying on your behalf at a local government level, representing you in hearings before the Tasmanian Planning Commission, or generally advising you about how your rights are likely to be affected by proposed changes.
More generally, if you are aggrieved by the decision of a planning or other authority, or wish to pursue or defend civil enforcement proceedings, we have the expertise to provide strategic and cost effective advice in a timely fashion to ensure your interests are protected.
We regularly appear on behalf of developers and other interested parties in the Resource and Planning stream of the Tasmanian Civil & Administrative Tribunal (which has replaced the Resource Management and Planning Appeal Tribunal) and a variety of other courts and tribunals and are able to advise as to the prospects of success in your matter and can identify jurisdictional and merits based grounds of appeal. We are mindful of the importance of minimising costs wherever possible, and often assist clients in achieving mediated outcomes.