Development Assessment Panels

Introduction

In 2010/2011 the State Government introduced various legislation that established the operational framework for Development Assessment Panels (DAPs) in Western Australia. DAPs came into effect on 1 July 2011.

What is a DAP?

A Development Assessment Panel (DAP) is an independent decision-making body that determines certain development applications in the place of the original decision maker, such as local government and/or the Western Australian Planning Commission (WAPC). DAPs comprise independent technical experts and elected local government representatives.

Applications received within the City of Rockingham are determined by the Metropolitan South-West Joint Development Assessment Panel (JDAP). The South-West JDAP covers the following local government municipalities:

• Rockingham
• Cockburn
• East Fremantle
• Fremantle
• Kwinana
• Mandurah
• Murray

The local government members rotate on and off the JDAP at a meeting, so that the JDAP application within each local government is represented by a relevant Council member.

Metro South-West Joint DAP

For applications received within the City of Rockingham the panel consists of:

• Mr John (Tony) Arias - Presiding Member
• Ms Lee O'Donohue - Deputy Presiding Member
• Mr Andrew MacIiver - Third Specialist
• Cr Chris Elliott - Local Member
• Cr Deb Hamblin (Deputy Mayor) - Local Member

The following Alternate Members may attend DAP meeting in lieu of a Local Member:

• Cr Joy Stewart - Alternate Member
• Cr Lee Downham - Alternate Member

Division 2 of the DAP Code of Conduct prescribes a range of things DAP members should and should not do regarding communication. For example, clause 2.4.5 says:

"2.4.5 A DAP member must not participate in:

(a) a discussion with an applicant, formally or informally , in person or otherwise:

(b) a site visit, private meeting, briefing, discussion or similar even with any other DAP member; 

in respect to a development application that is before the relevant DAP or which the member is aware may come before that DAP in future, unless the discussions, visit, meeting or similar event has been consented to by the presiding member of the relevant DAP and arranged by the DAP secretariat."

DAP application types

There are three types of DAP applications:

• mandatory applications
• optional applications
• applications to amend or cancel DAP determined applications.

Mandatory applications

Mandatory applications apply to a proposed development that has an estimated cost of $10 million or more and is not an Exempted Development (Note 1). A mandatory application must be determined by a DAP and cannot be determined by a local government or the WAPC.

(Note 1: Exempted Development means the construction of a single dwelling, fewer than 10 grouped dwellings or multiple dwellings, carports, patios, outbuildings or associated incidental development).

Optional applications

Optional applications apply to a proposed development that has an estimated construction cost between $2 million and $10 million in value. In this circumstance, the applicant may choose to use the DAP process or have their application determined by the City of Rockingham (and/or the WAPC, if applicable).

Amended or cancelled applications

There may be occasions where the DAP development approval which was granted will need to be amended in some way. For instance, following approval of a DAP application, an application may be made to the DAP seeking to:

• extend the period in which the development has to be substantially commenced
• amend or delete a condition of development
• amend an aspect of the development, in a manner which does not substantially alter the development that was approved, or
• cancel the approval.

For applications to amend or cancel an application, written justification must be provided outlining the reasons for the request in addition to normal information requirements.

Information requirements

All DAP applications are lodged with the City of Rockingham.

The following information is required to be submitted with a DAP application (or amended applications).

Please ensure the following is also included:

• a minimum of three copies of appropriately scaled site plans, development plans, elevations and accompanying technical reports in support of the DAP
• electronic version of the plans and technical reports in PDF format.

Application process

The City will assess the application as if it were a normal application and prepare a report containing recommendations for the DAP to consider. Once completed, the report will be forwarded to the DAP Secretariat, who will circulate it among the DAP members responsible for the original determination.

​A meeting will be scheduled and the DAP Secretariat will circulate the agenda, copies of the application and supporting documentation, together with the responsible authority's report. The agenda will be available on the DAP website. Previous minutes and agendas are also available below.

​DAP meetings are open to the public, so any interested person can attend, However, only those people invited to give a presentation to the DAP may address the DAP during the meeting. People who have made a submission on the application during the public advertising process and who are in attendance at the meeting may be asked to make a short presentation to the DAP on their position regarding the application.

​Each member of the DAP panel who is present at a meeting is entitled to one vote on each matter. In the event of a deadlocked vote (which may occur if one member is absent from a meeting), the person presiding (either the presiding member or the deputy presiding member) will have the power to cast the deciding vote. Following the meeting, the minutes of the meeting will be finalised and a determination letter on the development application will be sent to the applicant.

Minutes and agendas

Agenda and minutes for DAP meetings are available on the DAP website. Previous minutes and agendas are also available below.

Appeals

If an applicant is not satisfied with the DAP determination they may apply to the State Administrative Tribunal (SAT) for a review of the decision. An application seeking review of a decision of a DAP application must be submitted within 28 days of the decision being made. An appeal can be made to the SAT in cases where the:

• application has been refused
• applicant is not satisfied with some or all of the conditions imposed and
• application has not been determined within statutory time frames and is considered to be 'deemed refused' under the applicable local planning scheme and/or region scheme.

There are not third party appeal rights and only the applicant can request the SAT to review a DAP decision. This means that a local government that disagrees with the DAP determination cannot apply to SAT for review. The DAP which made the decision is the respondent in any SAT review.

Additional information

For further information on development assessment panels, including procedures manuals and forms, visit the Development Assessment Panels website. Any enquiries can be made to the DAP Secretariat on phone (08) 6551 9000 or via email to daps@dplh.wa.gov.au.

Current Development Assessment Panel applications

Proposed Child Care Premises

Address: Lot 436 (No.1) & Lot 9503 Pedicel Avenue and Lot 437 (No.2) Olearia Street, Baldivis

Assessing Officer: Mr Stephen Sullivan

Meeting date: TBA

Proposed Mixed Use Commercial Development

Address: Lot 492 (No.2514) Mandurah Road, Singleton

Assessing Officer: Mr David Banovic

Meeting Date: TBA

Proposed 4 and 5 Storey Mixed Use Development

Address: Lot 636 Thundelarra Drive, Golden Bay

Assessing Officer: Mr Chris Parlane

Meeting date: TBA

Proposed Child Care Premises

Address: Lot 726 (No.591) and Lot 107 (No.577) Eighty Road, Baldivis

Assessing Officer: Mr David Banovic

Meeting date: TBA

Previous Development Assessment Panel Applications

The agendas and minutes for previous DAP applications within the City of Rockingham are available below.