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2014-01-28 Planning & Organisation Committee Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               28 JANUARY 2014


Statutory Guideline – Process for making a new TLPI

The process for making a TLPI is set in the State’s Statutory Guideline 02/12 - Making and
Amending Local Planning Instruments. The steps are outlined below with some discussion
where appropriate:

Step 1:       The local government (LG) must decide to make a TLPI and write to the Minister
              advising of the decision. The recommendations of this report accommodate this
              step.

Step 2:       The LG must prepare a proposed TLPI. A proposed TLPI 2014 forms
              Attachment 1.

Step 3:       Where the proposed TLPI is for a Planning Scheme made under IPA and would or
              may affect an iconic place and would suspend or otherwise affect the operation of
              a protected planning provision relating to the place, the LG must prepare an
              impact report evaluating the effect of the proposed TLPI on the place’s iconic
              values.

              This step is not applicable - refer to “Relevant Legislation” above.

Step 4:       LG to request Ministers consideration of the proposed TLPI.

Step 5:       Minister to consider the proposed TLPI and whether it complies with section 105
              of SPA and whether it would be inconsistent with protecting the place’s iconic
              values.

              The Minister must write and advise the LG if it may adopt the proposed TLPI with
              or without conditions or not proceed with the TLPI.

Step 6:       LG to decide whether to adopt the TLPI and place a notice in the government
              gazette, local newspaper and on the Council website.


A diagrammatic representation of these steps excluding step 3 but including approximate time
frames is provided in figure 1.




                                                                                     Page 56 of 59
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