The Department of Planning, Lands and Heritage has released a draft update to the Development Assessment Panels (DAP) Regulations.
Currently a development application is required to be assessed by one of the five (5) DAPs if the value of the development exceeds $10,000,000. An Applicant also has the option to elect to have the DAP assess the application if the value exceeds $2,000,000. Each DAP panel is currently made up of five (5) members, being 3 specialists and 2 Councillors from the relevant local authority. The assessment period is either 60 or 90 days, depending on whether advertising is required.
As part of the State’s proposed planning reforms, it is intended to rationalise the number of DAPs, and introduce a Special Matters DAP. The reforms are contained within advertised Draft Regulations, which propose the creation of two (2) separate DAP processes being an Optional DAP and Special Matters DAP Applications. The two processes are summarised below:
Optional DAP Applications:
Similar to the existing DAP process and will be determined by one of three (3) new District DAPs.
The compulsory value has been removed. As such, the Applicant can elect to have any application valued over $2,000,000 be determined by either the District DAP or the local authority.
The fees for Optional DAP applications would increase to $11,600 (<$10,000,000) and $14,500 (=>$10,000,000). The local authority fee also applies.
Public Works or applications solely within a MRS Reserve would be excluded from the DAP process.
It is proposed that a Specialist Member could be an officer of the Department.
The term of engagement is 3 years for specialist members, or 5 years for an officer of the Department (being the Presiding and Deputy Presiding members).
The Presiding Member of each of the District DAPs will be appointed by the Director General. We understand that it is intended that the Presiding Member and the Deputy Presiding Member will be employed by the Department. As such the Presiding Member will be appointed for a five (5) year term.
Special Matters DAP Applications:
It is proposed that projects of State or regional importance will be required to be determined by the Special Matters DAP. The Special Matters DAP will also consider applications within defined ‘precincts’.
The proposed project criteria for a proposal is
- State significant proposals under the Lead Agency Framework (no minimum value);
- Resource projects / renewable energy
- Non-residential developments – greater than 20,000 m2 net leasable area (NLA) where no Structure Plan
- Multiple dwellings – greater than 100 dwellings
- Private hospitals or educational establishments
- Ports, marinas and airports
The value within the Perth and Peel Regions is $50m and $30m elsewhere in the State.
The proposed precinct criteria is:
- Perth Central Business District (CBD) - 51 or more dwellings or Commercial Development greater than 5,000m2 NLA.
- South Perth Peninsula, Stirling Highway – Winthrop Avenue to Loch Street, Cockburn Central, Canning Bridge Activity Centre Plan (ACP) area - 21 or more dwellings or Commercial Development greater than 3,000m2 NLA
- Cottesloe foreshore or METRONET station precincts - 10 or more dwellings or Commercial Development greater than 3,000m2 NLA
The Minister has the ability to modify, remove or include additional precincts.
The fees for the Special Matters DAP applications would be $16,000 admin fee, plus $80,600 processing fee, plus $10,000 for a 4th and each subsequent DRP meeting (if required).
The proposed determination period is 120 days, with all applications, even those that are permitted, being subject to advertising.
The Special Matters DAP will be made up of the Presiding Member (from a list of people nominated by the WAPC), a Local Government Representative (from a list of people nominated by the WA Local Government Association (WALGA)), an Architect (from a list of people nominated by the Australian Institute of Architects (AIA)), a person nominated by the Chief Executive Officer (CEO) of the Environmental Protection Authority (EPA), a Urban and Regional Planner (from a list of people nominated by the Planning Institute of Australia (PIA)), a person nominated by the Director General of the Department of Transport and a person with experience in property economics, commerce and industry, business management, financial management, engineering, surveying, valuation or transport.
Any modifications to approved plans will require reconsideration by the Special Matters DAP. This cannot be delegated to the local authority.
Unlike State Development Assessment Unit provisions, the Special Matters DAP is bound by the legislative requirements.
It is our experience that the existing DAP process is resulting in the correct decisions being made in the vast majority of instances. There are however some applications that may have benefited from additional consideration of State objectives. It is important to note that there is currently the ability (albeit rarely used) for the Department to prepare an Responsible Authority Report under the Metropolitan Region Scheme for proposals of State significance.
Lateral Planning notes that there are often competing interests between State Government strategic planning objectives and Local Government considerations. This has often led to tensions during the assessment and determinationof major development applications. It is our view that, in seeking to address community angst, it would be preferable to prioritise clearer Town Planning Scheme provisions, which build upon State objectives. Prioritising clarity in the formulation and application of statutory town planning instruments would likely have avoided the 'need' for the proposed changes to the DAP process.
Whilst Lateral Planning is supportive of any improvements to the planning framework that encourages high quality development, reduced costs and cuts bureaucratic process, we are yet to be convinced that these proposed changes will achieve this. The introduction of permanent DAP members which are employees of the Department of Planning, Lands and Heritage has the potential to undermine the perception of the independence of these panels and erode confidence in the statutory process. Combined with additional fees and prolonged assessment timeframes, the Special Matters DAP may negatively impact the commercial viability of smaller-scale proposals, limiting the capacity of the industry to deliver the missing middle.
Lateral Planning is of the view that, should these reforms be introduced, it is necessary for the applicant to have the capacity to elect which is the appropriate the assessment pathway. Ultimately, the applicant should have the ability elect for the application to be determined by either the Council, District DAP or the Special Matters DAP. This is particularly important to the smaller applications and in relation to minor modifications to approved developments.
Should you require more information or require assistance in making a submission please don't hesitate to contact Lateral Planning.
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