Development Assessment Panel Applications

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 responsible for determining development applications where the cost of the development is $10million in value or higher. An applicant may also elect for a development with a value of between $2million and $10million 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 can be found on the DAP website.

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 $10million ($20million in the City of Perth), and is not for:

• Construction of a single dwelling
• Construction of less than ten grouped dwellings or multiple dwellings
• Construction of carports, patios, outbuildings or any incidental development.

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:

• Value of the development applied for has an estimated cost between $2million and $10million
• 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
• Applicant has elected to have the relevant DAP determine the application.

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.

The DAP Regulations also allow for Minor Amendment applications. An applicant can make a minor amendment application to the DAP to request any development approval, and any conditions of approval, be amended or cancelled. A minor amendment application attracts a fee of $150.00. A minor amendment application is otherwise lodged with the relevant local government and dealt with in much the same way as ordinary DAP applications. However, a minor amendment application can only be made to vary the decision of the DAP; a minor amendment application cannot be made to amend the previous decision of a local government or Western Australian Planning Commission.

The City requests that applicants intending to lodge an application that will require DAP consideration please meet with appropriate staff prior to submission, to ensure all required detail is provided.