Development Assessment Panel Applications

From 1 February 2017 the Planning and Development (Development Assessment Panels) Amendment Regulations 2016 (Amendment Regulations) have taken effect. Further information is available on the Department of Planning website.

Please note that the fee for minor amendment or cancellation applications that are determined by the Development Assessment Panel will include the City's fee of $295.00 (in addition to the DAP fee of $155.00).

From 1 July 2011, fifteen Development Assessment Panels (DAPs) commenced operation throughout Western Australia.

A Development Assessment Panel (DAP) is an independent decision-making body comprised of technical experts and elected local government representatives. These panels will determine development applications made under local and region planning schemes, in the place of the original decision maker.

DAPs are mandatory in Western Australia, and a DAP has been created for each local government that has a local planning scheme.

DAPs are generally responsible for determining development applications where the cost of the development is $10 million in value or higher. An applicant may also elect for a development with a value of between $2 million and $10 million or a warehouse development with a value of $2 million or greater to be determined by the DAP.

Local Governments will remain responsible for receiving, assessing, and reporting on all development applications. Where an application is required to be determined by a DAP the City will forward the application to the DAP secretariat upon receipt, and will then provide a report to the DAP following a technical assessment of the proposal.

Further information on DAPs, their roles and responsibilities and relevant fees can be found on the Department of Planning website.

The City requests that you arrange a meeting with a Senior Urban Planner and/or Coordinator Planning Approvals prior to the submission of your DAP application. This will assist the City to determine if there are any additional requirements directly related to the nature of your proposed development.

Types of applications

Two types of applications may be determined by the Development Assessment Panel (DAP). 

Mandatory DAP applications

Mandatory DAP Applications must in all circumstances be determined by the relevant DAP. The regulations state that a mandatory DAP application is any application with an estimated cost of equal to or more than $10 million ($20 million in the City of Perth), but does not include:

• Construction of a single dwelling
• Construction of less than ten grouped dwellings or multiple dwellings
• Construction of carports, patios, outbuildings or any incidental development.
• Construction of a warehouse development (as defined in the Planning and Development (Local Planning Schemes) regulations 2015).

As such, the relevant DAP will determine the mandatory DAP application instead of the relevant local government and/or the Western Australian Planning Commission. Applicants will be required to pay the extra DAP determination fee at the time that such an application is lodged with the relevant local government.

Optional DAP applications

Optional DAP Applications are applications that must be determined by a DAP if the applicant has chosen the DAP as the relevant decision-maker. The regulations state that an Optional DAP Application is an application with the following characteristics:

• The value of the development applied for has an estimated cost between $2 million and $10 million, or a warehouse (as defined in the Planning and Development (Local Planning Schemes) Regulations 2015 with a value of $2 million or more.
• Development applied for is not the construction of a single dwelling, less than ten grouped dwellings or multiple dwellings, carports, patios, outbuildings or associated incidental development.

This means that an applicant will have the ability to choose to “opt-in” to the DAP process if their application fits within the optional DAP application category. Where the applicant has elected to “opt-in”, the relevant DAP will determine the application instead of the relevant local government and/or the Western Australian Planning Commission. Applicants will be required to pay the extra DAP determination fee at the time that such an application is lodged with the relevant local government.

If an applicant chooses not to opt-in to the DAP process, then that application will be determined by the relevant local government (and the Western Australian Planning Commission if applicable) in accordance with existing delegation arrangements.

Minor amendment or cancellation of DAP applications

The DAP Regulations allow for Minor Amendment or Cancellation of DAP applications. An applicant has the option for these applications to be considered by the DAP or the local government.

Applications for minor amendment or cancellation that are to be determined by the DAP are made under a Form Two application and attracts a fee of $155.00 in addition to the local government fee of $295.00. The process for the application is much the same way as ordinary DAP applications.

Should an applicant elect for the City to determine the application, the application is to be made as an Application for Development Approval, and attracts a fee of $295.00. The process for the application is much the same way as an application that would normally be determined by the City.

For further information please contact the City on 9400 4100, or visit the DAP website.