Do I need a permit to use or develop land?
"Use" refers to the purpose for which land is utilised, while "development" includes any works carried out on land. Before starting a new use, changing an existing use, or undertaking development, you may need a permit.
The PlanBuild Tasmania portal is a good place to start, it offers:
- a Guided Enquiry service to help identify planning, building, and plumbing rules for various common developments.
- a detailed Property Report outlining applicable planning zones, codes, and overlays.
- Note: the full planbuild application service will be rolled out to Burnie late 2026.
Go to the PlanBuild Tas website
After reviewing your property report from PlanBuild and completing the guided enquiry service, if you need assistance in applying for a permit contact our planning officers at planning@burnie.tas.gov.au with details of your proposed use or development.
Note: If a permit is required you must not commence any activity until the permit is granted, activated, and its conditions are met.
Land Use or Development Examples
Establishing a New or Changed Use:
- Changing from residential use to visitor accommodation.
- Establishing a new business in an existing building.
Development Activities (include but are not limited to):
- Constructing, altering, or extending a building.
- Developing multiple dwellings.
- Demolishing or relocating a structure.
- Conducting earthworks or removing vegetation.
- Subdividing land.
- Displaying signs.
The Tasmanian Planning Scheme (TPS) outlines when a permit is required:
Exempt:
Some uses and development are exempt from planning approval if it meets certain criteria. The planning scheme will outline what is exempt based on specific requirements.
An example of an ‘exempt use’ is where the land is used for bee-keeping. No planning approval is required to do this.
An example of ‘exempt development’ could be where the development is undertaken in a certain position on the property, is of a certain size and is in an allowed zone.
A use or development that is exempt from planning approval does not mean it is necessarily exempt from building or plumbing approval. Before undertaking any project you should consult your local council.
No Permit Required:
Certain uses and development may fall into the category of ‘No Permit Required’ under the relevant planning scheme. Work in this category will still require certain standards to be met, and these are identified in the relevant planning scheme.
A use or development that falls into the ‘No Permit Required’ category from a planning approval perspective does not automatically mean that building or plumbing approval is not required.
Before undertaking any project you should consult your local council.
Before building work commences, an owner may seek assurance that the work falls into the category of ‘No Permit Required’.
A ‘No Permit Required Statement’ provides a pathway to demonstrate to a building surveyor that the proposed building work does not require a Permit from the council as planning authority, as the work is ‘no permit required’. This means that a building surveyor may rely, under section 321 of the Building Act 2016, on a certificate issued by a person licensed as a planning consultant under the Occupational Licensing Act 2005.
Permitted:
Certain uses and development require a planning permit to be granted from the local council before you can start the project.
‘Permitted’ use or development requires certain acceptable solutions to be met, these are defined under the relevant planning scheme. Providing these and all other relevant requirements are met; a permit must be granted.
Applications for planning permits that fall into this category do not need to be publicly advertised.
A council may grant the permit with or without conditions.
Discretionary:
Certain uses and development that fall into this category require a planning permit from the local council and the council has the discretion to refuse or grant a permit that falls into this category.
Applications for these permits are assessed by the local council as a ‘discretionary’ application.
These applications require a 14-day public notification period during which time a person may make a submission, known as a ‘representation’, to the council in support or opposition of the proposal.
Public notification includes:
- a sign on the property boundary
- an advertisement in the relevant newspaper.
Any decision made may be appealed to the Resource Management and Planning Appeal Tribunal.
Prohibited:
Certain uses and development are prohibited and cannot be undertaken. The relevant planning scheme states what falls into this category. A permit cannot be granted.
Discretionary Permits
For discretionary applications, the Burnie Planning Authority will:
- Notify adjoining owners and occupiers.
- Place a notice on-site and advertise in The Advocate newspaper.
- Provide a 14-day public exhibition period, during which any interested person may inspect the application and submit written representations on matters relevant to the discretion being exercised.
Key Considerations:
- Decisions are made after the exhibition period ends.
- Representations relevant to the discretion must be considered.
- Representers have the right to appeal decisions to the Tasmanian Civil and Administrative Tribunal.
Please Note - A permit under the Land Use Planning and Approvals Act 1993 is separate from approvals required under the Building Act 2016. Additional approvals may be necessary for building, plumbing, or demolition works, refer to further information on Building and Plumbing.
For further assistance, contact our Planning Officers at burnie@burnie.tas.gov.au.