What is the Development Assessment panel?

The Development Assessment Panel (DAP) is an independent decision-making body which determines certain development applications in the place of the original decision maker, being the local government authority and/or the Western Australian Planning Commission (WAPC). DAPs are comprised of three State Government-appointed Specialist Members and two Local Government Councillors.

The City of Vincent is within the Metro-Inner Development Assessment Panel (MIDAP) along with 18 other local government areas that comprise the inner region of the Perth metropolitan area.

When is an application required to be determined by the DAP?

Applicants may select for the DAP to determine their application where:

• Development that has an estimated cost of development of $2 million or more 

Development applications which are excluded from determination by the DAP includes:

• a single house and any associated carport, patio, outbuilding and incidental development; and
• development with a value less than $2 million.

What is the DAP process?

The DAP process is summarised as follows:

1. Applicant to submit a completed application with the local government (see checklist below).
2. Local government determines whether the application is a DAP application.
3. Within seven (7) days of receiving the application, the local government is required to notify the DAP Secretariat that an application has been received by providing an electronic copy of the entire DAP application, signed DAP form, stamped plans, and supporting documents.
4. DAP Secretariat acknowledges receipt of application and information the relevant DAP Members, Local Government and Applicant.
5. Within seven (7) days of receiving the application, the local government has the ability to 'Stop the Clock' where sufficient information has not been provided. This pauses the statutory time frame until the information has been received.
6. Once the application is complete, the local government is to assess, advertise and refer the application in accordance with the Local Planning Scheme.
7. The local government prepares a Responsible Authority Report (RAR) within 48 days (non advertised application) / 78 days (advertised applications), or other agreed time frame. The RAR includes the officer's recommendation, plans for consideration, advice from any referral bodies, a summary of submissions received during the community consultation period and any other relevant information required for the DAP's consideration.
8. The DAP Secretariat will publish the Agenda on the Department of Planning, Lands and Heritage website at least 7 days prior to the meeting date. The local government will notify in writing anyone who made a submission on the DAP application during Community Consultation, at least 7 days prior to the meeting date. 
9. A person can make a request to make a verbal presentation to the DAP at the meeting. A written request must be made to the DAP Secretariat at least 72 hours before the commencement of the meeting. The written request is to include written documentation setting out the substance of the submission the person or group proposes to make.
10. The DAP meets and considers the application, the RAR and any other relevant information within 60/90 days of receiving the application, or other agreed time frame. The application will be approved with conditions, refused with reasons or deferred with reasons and a time frame.
11. The DAP Secretariat publishes the minutes on the Department of Planning, Lands and Heritage website within 10 days of the meeting and the determination notice is sent to the applicant and the local government.

For further information, please visit www.dplh.wa.gov.au.

Should I consult with the City of Vincent prior to lodging my DAP application?

It is strongly recommended applicants contact the City of Vincent to arrange a pre-lodgement meeting prior to lodging a development application. The City can provide preliminary advice on the proposal and identify any planning framework to be considered and concerns with the proposal the City may have.

DAP applications are also strongly encouraged to be presented to the City's Design Review Panel prior to being lodged.

Early discussions with the City often will result in a more streamlined approach once the application has been lodged.

What information do I need to submit with my Development Application?

Please refer to the following DAP Application Checklist for all information required to be submitted with the application.

Where can I view the agenda of current and previous DAP applications?

Current and previous DAP applications are available on the Department of Planning, Lands and Heritage website: https://www.wa.gov.au/organisation/department-of-planning-lands-and-heritage/development-assessment-panels. 

Current and previous DAP applications

The table below lists the current and previous DAP’s received and considered by Vincent.

Council’s role in DAPs

The City of Vincent is a professional planning regulator. Our role in planning matters is to make legally sound and defendable planning decisions.

The City does not support DAPs continued operation in the City of Vincent. We believe that the City of Vincent Council should have the authority to determine its most significant developments.

However, under the current DAP process, the City of Vincent’s technical planning assessment of DAP applications, known as the responsible authority report (RAR), is submitted to the DAP by the City of Vincent’s Administration.

Some Council’s require the Administration’s technical planning assessment (RAR) to be presented to them. This approach is not best practice.

DAP members are required by the Code of Conduct to exercise independent judgment, consider the application on its planning merits and not be bound by any previous decision or resolution of the local government in relation to the DAP application. 

The consideration of a DAP application by Council could create the perception that a RAR, or the local government’s DAP members, have been influenced by Council’s consideration of the matter.

This creates the risk of apprehended bias and may result in a decision by a DAP to refuse an application being overturned on appeal by an applicant.

The State Government’s ‘Practice Notes: Making Good Planning Decisions’ also state that “a DAP application report is NOT a resolution of the relevant local government’s council, it is the professional opinion of the local government’s planning officer who assessed the application. It is improper for Councillors of a local government to influence the planning officer’s report in any way.”

The State Government has confirmed in its reforms to the DAPs that the RAR is to be submitted to the DAP by the Administration of the local government. When these reforms are fully implemented by the State Government, those Council’s that consider RARs will no longer be able to.