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.
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, being the local government and/or the Western Australian Planning Commissionopens in a new window (WAPC).
Each DAP meeting consists of up to five DAP members, comprising three specialist members and two local government members, as appointed by the Minister for Planning.
A quorum consists of any three DAP members, of which one must be the Presiding Members.
Local councils are required to assess DAP applications by preparing reports recommending to either approve or refuse an application, including any conditions to be imposed where approval is recommended or reason/s for refusal, where refusal is recommended. Ultimately, the DAP is the decision maker and is responsible for determining the application.
Applications received within the City of Rockingham are determined by the Metro Outer Development Assessment Panel (MODAP). The area covered by the MODAP is shown here: Metro Outer District DAO Proposed Local Government Areas.
The local government members rotate on and off the DAP at a meeting, so that the DAP application/s within each local government jurisdiction is represented by relevant Council members.
For applications received within the City of Rockingham the Local Government panel members consist of:
- Cr Lorna Buchan - (Deputy Mayor) Local Member
- Cr Mark Jones - Local Member
The following Alternate Members may attend DAP meeting in lieu of a Local Member:
- Cr Deb Hamblin (Mayor) - Alternate Member
- Cr Dawn Jecks - Alternate Member
DAP application types
There are two types of DAP applications:
- optional applications and
- applications to amend or cancel DAP determined applications.
Optional applications
Optional applications apply to proposed development that has an estimated construction above $2 million or includes community housing that is to be provided by a registered community housing provider.
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.
The applicant may choose to have their application determined by the City of Rockingham (and/or the WAPC, if applicable).
Excluded applications
The following applications cannot be determined by a DAP:
- construction of a single house
- a public work
- development wholly within an area identified as a regional reserve under a region planning scheme
- development in an improvement scheme area or
- a development application that may opt-in under Part 11B significant development pathway.
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 and the City.