Timeframes for processing applications

Permitted applications

A permitted application is any proposed development or use that meets the provisions of the planning scheme.

A decision must be made on a permitted application within 28 days of the application being received, according to section 58(2) of the Land Use Planning and Approvals Act 1993 (LUPAA).

This timeframe can be extended within that 28 days by a written agreement between the applicant and the City of Hobart.

A permitted application does not need to be advertised, so there is no appeal process. The applicant must be informed of City of Hobart’s decision within 7 days of the permit being granted. The applicant may appeal any condition of the permit to the Resource Management and Planning Appeal Tribunal, otherwise known as RMPAT, or 'the Tribunal'.

Discretionary applications

The City of Hobart must make a decision on a discretionary application within 42 days of receiving it, according to section 57(1) of LUPAA. In that time we must advertise the application and allow 14 days for representations to be received.

The City of Hobart must consider the representations and decide to refuse the application, approve it without conditions, or approve it subject to conditions. We may extend the 42-day time period with the approval of the applicant.

The applicant may appeal the decision and anybody who has made representations may also appeal the decision to the Tribunal.

Many applications are decided in less than 42 days, especially if they are straightforward applications and all necessary information has been provided at the beginning.

Requests for more information

The City of Hobart can request more information from the applicant under Section 54 of LUPAA. This must be a written request made within:

  • 21 days of receiving the application if it is a discretionary application

  • 14 days if it is a permitted application.

The time period does not begin again until the additional information is received to the City of Hobart’s satisfaction.

If an application has all the necessary information and a decision is not made in the timeframes, then the application is considered to be approved, under section 59(1) of LUPAA. In this case, you will need to appeal to the Tribunal for an order determining the conditions (if any) of the permit approval.

The Tribunal may grant the permit unconditionally or with conditions. In the case of a discretionary application, the Tribunal also has the power to refuse the permit.

In the time between the expiry of the timeframe and the applicant’s approach to the Tribunal, the City of Hobart may still make a decision on the application.