Planning and Development Act 2005

Planning and Development (Development Assessment Panels) Regulations 2011

 

Planning and Development (Development Assessment Panels) Regulations 2011

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Notes not part of the law4

Part 2 — Development applications and determinations

4A.Development applications to which regulation 5 or 6 do not apply5

5.Mandatory DAP applications (Act s. 171A(2)(a))5

6.Optional DAP applications (Act s. 171A(2)(ba))5

7.Election in respect of r. 6 application6

8.Applications to be determined by DAPs6

9.Making of applications and initial procedures unaffected7

10.Making a DAP application: notice and fees7

11A.Further information8

11.Local government must notify DAP of DAP application8

12.Responsible authority must report to DAP9

13.Further services from responsible authority10

14.Costs and expenses incurred by responsible authority11

15.Notification to applicant11

16.Determination by DAP11

17.Amendment or cancellation of development approval by DAP12

17A.Amendment or cancellation of development approval by responsible authority14

18.Review by State Administrative Tribunal15

Part 3 — Delegation to DAPs

19.Determination of certain development applications may be delegated to DAP17

20.Commencement of delegation18

21.Effect of delegation18

22.Payments in respect of exercise of delegated power19

Part 4 — Development assessment panels

Division 1 — DAP members

23.LDAP members21

24.Local government members of LDAP21

25.JDAP members22

26.JDAP local government member register22

27.Presiding member and deputy presiding member23

28.Alternate members24

29.Term of office25

30.Training of DAP members25

31.Fees and allowances for DAP members26

32.Casual vacancies28

33.Leave of absence29

34.Extension of term of office during vacancy in membership29

Division 2 — Specialist members

35.Register of persons eligible to be specialist members30

37.Appointment of specialist members and alternate specialist members31

Division 3 — Meetings

39.Notice of meetings32

40.General procedure concerning meetings33

41.Quorum34

42.Voting34

43.Attending meeting remotely34

44.Minutes34

Division 4 — Conduct of DAP members

45.Code of conduct36

46.Gifts36

47.Relations with local government and public sector employees38

48.Public comment38

Part 5 — Administration

49.Administrative officer39

50.Other staff and facilities39

51.DAP website40

52.Minister may require information40

53.Annual report41

Part 6 — Miscellaneous

54.Amendment or revocation of order establishing DAP: transitional provisions42

55.Review of fees42

Schedule 1 — Fees for applications

Schedule 2 — Fees for DAP members

Schedule 3 — Forms

1.Notice of development application to be determined by DAP (r. 7, 10 and 21)46

2.Application for amendment or cancellation of development approval (r. 17 and 21)49

Notes

Compilation table53

Uncommenced provisions table54

Defined terms

 

Planning and Development Act 2005

Planning and Development (Development Assessment Panels) Regulations 2011

Part 1  Preliminary

1.Citation

These regulations are the Planning and Development (Development Assessment Panels) Regulations 2011.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Approval and Related Reforms (No. 4) (Planning) Act 2010 Part 3 comes into operation.

3.Terms used

(1)In these regulations —

administrative officer, in relation to a DAP, means the administrative officer who provides services to the DAP under regulation 49;

alternate member means a person appointed under regulation 28;

applicant means a person who makes a DAP application;

DAP application means —

(a)a development application prescribed under regulation 5; or

(b)a development application prescribed under regulation 6 in respect of which the applicant has made an election under regulation 7;

DAP member means —

(a)a specialist member or local government member of a LDAP; or

(b)a specialist member or local government member of a JDAP,

and includes an alternate member;

DAP website has the meaning given in regulation 51;

department means the department of the Public Service principally assisting the Minister in the administration of the Act;

deputy presiding member, in relation to a DAP, means the person appointed as deputy presiding member of the DAP under regulation 27(1);

Director General means the chief executive officer of the department;

excluded development application means a development application for approval of —

(a)construction of —

(i)a single house and any associated carport, patio, outbuilding and incidental development;

(ii)less than 10 grouped dwellings and any associated carport, patio, outbuilding and incidental development;

(iii)less than 10 multiple dwellings and any associated carport, patio, outbuilding and incidental development;

or

(b)development in an improvement scheme area; or

(c)development by a local government or the Commission; or

(d)development in a district for which —

(i)a DAP is not established at the time the application is made; or

(ii)a DAP has been established for less than 60 days at the time the application is made;

local government member means —

(a)in relation to a LDAP — a person appointed as a member of the LDAP under regulation 23(1)(a);

(b)in relation to a JDAP — a person included on the local government register;

local government register means the register maintained under regulation 26;

member, in relation to the council of a local government, has the meaning given by the Local Government Act 1995 section 1.4;

planning instrument has the meaning given in section 171A(1) of the Act;

presiding member, in relation to a DAP, means the person appointed as presiding member of the DAP under regulation 27(1);

R‑Codes means the Residential Design Codes prepared by the Western Australian Planning Commission under section 26 of the Act, as amended from time to time;

specialist member means —

(a)in relation to a LDAP, a person appointed as a member of the LDAP under regulation 23(1)(b);

(b)in relation to a JDAP, a person appointed as a member of the JDAP under regulation 25(1)(b);

warehouse means a warehouse/storage as defined in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 38.

(2)In these regulations the following terms have the meaning given to them in the R‑Codes —

carport

dwelling

grouped dwelling

incidental development

multiple dwelling

outbuilding

patio

single house

Note for these regulations:

The terms DAP, JDAP, LDAP and responsible authority and other terms defined in the Planning and Development Act 2005 section 4(1) have the same respective meanings as in that provision.

[Regulation 3 amended: Gazette 25 Jan 2013 p. 272; 17 Apr 2015 p. 1380; 16 Dec 2016 p. 5709‑10.]

4.Notes not part of the law

Notes in these regulations are provided to assist understanding and do not form part of the regulations.

Part 2  Development applications and determinations

4A.Development applications to which regulation 5 or 6 do not apply

(1)Regulation 5 does not apply to a development application for approval of a development of a warehouse.

(2)Regulation 6 does not apply to a development application in respect of which the responsible authority has under regulation 19 delegated the power of determination.

(3)Regulations 5 and 6 do not apply to an excluded development application.

[Regulation 4A inserted: Gazette 16 Dec 2016 p. 5710.]

5.Mandatory DAP applications (Act s. 171A(2)(a))

Subject to regulation 4A, a development application is of a class prescribed under section 171A(2)(a) of the Act if it is for the approval of —

(a)development in the district of the City of Perth that has an estimated cost of $20 million or more; or

(b)development in a district outside of the district of the City of Perth that has an estimated cost of $10 million or more.

[Regulation 5 inserted: Gazette 16 Dec 2016 p. 5710.]

6.Optional DAP applications (Act s. 171A(2)(ba))

Subject to regulation 4A, a development application is of a class prescribed under section 171A(2)(ba) of the Act if it is for the approval of any of the following —

(a)development in the district of the City of Perth that has an estimated cost of $2 million or more and less than $20 million;

(b)development in a district outside of the district of the City of Perth that has an estimated cost of $2 million or more and less than $10 million;

(c)development of a warehouse in any district that has an estimated cost of $2 million or more.

[Regulation 6 inserted: Gazette 16 Dec 2016 p. 5710‑11.]

7.Election in respect of r. 6 application

(1)An applicant making a development application of a kind prescribed under regulation 6 may elect to have the application determined by a DAP.

(2)The election must be made by —

(a)completing the notice of election in the form of Part A of Form 1 in Schedule 3; and

(b)attaching it to the development application.

8.Applications to be determined by DAPs

(1)Despite any other provision of the Act or a planning instrument, any DAP application for approval of development within a district for which a DAP is established —

(a)must be determined by the DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and

(b)cannot be determined by the local government for the district or the Commission.

(2)If a DAP application made under a region planning scheme or regional interim development order is for approval of development in more than one district for which a DAP is established, the application is to be determined by the DAP established for the district in which the greater land area of the development is proposed.

9.Making of applications and initial procedures unaffected

These regulations do not affect —

(a)the manner and form in which a development application or an application for amendment or cancellation of a development approval must be made under a planning instrument; or

(b)the requirements under a planning instrument as to notification, advertising and consultation procedures prior to determination of a development application or an application for amendment or cancellation of a development approval.

10.Making a DAP application: notice and fees

(1)An applicant making a DAP application to a responsible authority for development approval under a planning instrument must, when lodging the application —

(a)give to the local government with which the application for development approval is lodged a completed notice in the form of Form 1 in Schedule 3; and

(b)pay to the local government the relevant fee in Schedule 1.

(2)The form required under subregulation (1) is required in addition to any application form required under the planning instrument.

(3)The fee payable under subregulation (1) is payable in addition to any fees, costs and expenses that are imposed by a local government in accordance with the Planning and Development Regulations 2009 in relation to the development application.

(4)If a DAP application in respect of the same development is required to be made under both a local planning scheme and a region planning scheme, or under both a local interim development order and a regional interim development order, the fee referred to in subregulation (1)(b) is payable once only.

(5)The local government must, within 30 days after the date on which it receives the DAP application, remit to the department the fee paid under subregulation (1).

11A.Further information

On receipt of a DAP application, a local government —

(a)must consider the application and all accompanying material; and

(b)may, by written notice given to the applicant, require the applicant to give to the local government further specified information or documents.

[Regulation 11A inserted: Gazette 17 Apr 2015 p. 1381.]

11.Local government must notify DAP of DAP application

(1)A local government must, within 7 days after the date on which it receives a DAP application, give the administrative officer of the DAP that will determine the application the following —

(a)a copy of the DAP application;

(b)a copy of the notice given under regulation 10(1) and completed by the local government;

(c)confirmation that the applicant has paid the fee under regulation 10(1);

(d)a copy of any notice given to the applicant under regulation 11A.

(2)A local government must, within 7 days after the date on which it receives further documents or information in relation to an application that has been provided in response to a notice given under regulation 11A, give the administrative officer of the DAP that will determine the application the further documents or information.

[Regulation 11 amended: Gazette 17 Apr 2015 p. 1381‑2.]

12.Responsible authority must report to DAP

(1)For the purposes of this regulation, a development application that is forwarded by a local government to the Commission in accordance with a region planning scheme is taken to have been made to the Commission.

(2)A responsible authority to which a DAP application is made must give the presiding member of the DAP that will determine the application a report on the application in a form approved by the Director General.

(3)The report must be given —

(a)if the DAP application is made to the Commission or is not required to be advertised under a local planning scheme or local interim development order — within 48 days after the date on which the application was made; or

(b)if —

(i)the DAP application is required to be advertised under a local planning scheme or local interim development order; and

(ii)the scheme or order provides that the application is deemed to be refused if it is not determined within a period of 90 days or more after the application is made,

within the period that ends 12 days before the day on which the application would be deemed to be refused; or

(c)otherwise — within 78 days after the date on which the application was made.

(4A)For the purposes of calculating the period within which the report on a DAP application must be given under subregulation (3)(a) or (c), any period after the applicant has been given a notice under regulation 11A and before the applicant complies with the notice is to be excluded.

(4)Despite subregulation (3), the presiding member of the DAP may, by notice in writing given to the responsible authority and with the consent of the applicant, extend the period within which the report on a DAP application must be given.

(5)The report must provide sufficient information to enable the DAP to determine the DAP application, including —

(a)a recommendation as to how the application should be determined; and

(b)copies of any advice received by the responsible authority from any other statutory or public authority consulted by the responsible authority in respect of the application; and

(c)any other information that the responsible authority considers is relevant to determining the application.

(6)A DAP that receives a report under subregulation (2) must have regard to, but is not bound to give effect to, the recommendation included in the report.

(7)If a DAP is not given a report on a DAP application in accordance with this regulation, the DAP may determine the DAP application in the absence of the report.

[Regulation 12 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1382 and 1386; 16 Dec 2016 p. 5711.]

13.Further services from responsible authority

(1)The presiding member of a DAP may, at any time after the DAP is notified of a DAP application made to a responsible authority, direct the responsible authority to give to the DAP either or both of the following services in connection with the application —

(a)technical advice and assistance;

(b)information in writing.

(2)The direction must be in writing and must specify —

(a)the services required; and

(b)the time within which the responsible authority must comply with the direction.

(3)A responsible authority must comply with a direction given to it under this regulation.

[Regulation 13 amended: Gazette 25 Jan 2013 p. 272.]

14.Costs and expenses incurred by responsible authority

The costs and expenses incurred by a responsible authority in giving a report under regulation 12, or advice, assistance or information in compliance with a direction under regulation 13, are, to the extent that they are not payable by an applicant under the Planning and Development Regulations 2009 regulation 49, to be borne by the responsible authority.

15.Notification to applicant

The administrative officer of a DAP must notify an applicant of the following dates —

(a)the date on which a report under regulation 12(2) on a DAP application made by the applicant is received by the DAP;

(b)any date on which the DAP directs a responsible authority under regulation 13(1) to give advice, assistance or further information in respect of the application;

(c)the date of the meeting at which the DAP will consider the application.

16.Determination by DAP

(1)Except as provided in subregulations (2B) and (2C), the provisions of the Act and the planning instrument under which a DAP application is made apply to the making and notification of a determination by a DAP to whom the application is given under regulation 11 as if the DAP were the responsible authority in relation to the planning instrument.

[(2A)deleted]

(2B)If a planning instrument provides that an application is deemed to be refused if not determined within a specified period after the application is made, the following periods are to be excluded in calculating the period between when the application is made and when the application is determined —

(a)any period after an applicant has been given a notice under regulation 11A in respect of an application and before the applicant complies with the notice;

(b)any period of extension for the giving of a report on an application referred to in a notice given under regulation 12(4).

(2C)A dispute that arises in calculating a period under subregulation (2B)(a) as to whether, or when, an applicant complied with a notice given under regulation 11A is to be determined by the presiding member of the DAP to which the DAP application was given under regulation 11, whose decision is final.

(2)The administrative officer of a DAP must give the responsible authority a copy of any written notice of a determination of a DAP application, together with approved plans and other ancillary documents, given under subregulation (1) to an applicant.

[Regulation 16 amended: Gazette 17 Apr 2015 p. 1382; 16 Dec 2016 p. 5711.]

17.Amendment or cancellation of development approval by DAP

(1)An owner of land in respect of which a development approval has been granted by a DAP pursuant to a DAP application may apply for the DAP to do any or all of the following —

(a)to amend the approval so as to extend the period within which any development approved must be substantially commenced;

(b)to amend or delete any condition to which the approval is subject;

(c)to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

(d)to cancel the approval.

(2)An application under subregulation (1) —

(a)may be made during or after the period within which the development approved must be substantially commenced; and

(b)must be made in the form of Form 2 in Schedule 3; and

(c)must be accompanied by the relevant fee set out in Schedule 1; and

(d)must be lodged with the local government with which the DAP application was lodged.

(3)Unless otherwise provided in this regulation, regulations 10 to 13 apply to an application under subregulation (1) as if the application were a DAP application.

(4)The DAP may determine an application under subregulation (1) by —

(a)approving the application with or without conditions; or

(b)refusing the application.

(5)As soon as practicable after the application is determined, the presiding member must give the applicant and the relevant responsible authority written notification of the determination which must include the following —

(a)the date of the determination;

(b)the determination;

(c)the terms of any condition to which the approval is subject;

(d)reasons for any refusal;

(e)unless the application is granted unconditionally, a statement of the effect of regulation 18.

(6)The administrative officer of the DAP must ensure that the notification is published on the DAP website.

[(7)deleted]

[Regulation 17 amended: Gazette 16 Dec 2016 p. 5711.]

17A.Amendment or cancellation of development approval by responsible authority

(1)An owner of land in respect of which a development approval has been granted by a DAP pursuant to a DAP application may apply, under the relevant planning instrument, for the responsible authority under that instrument to amend or cancel the development approval (an application).

(2)For the purposes of subregulation (1), the provisions of the Act, the Planning and Development (Local Planning Schemes) Regulations 2015, the Planning and Development Regulations 2009 and the relevant planning instrument apply to the making and determination of, and the review of a decision on, an application as if the development approval —

(a)had not been granted pursuant to a DAP application; and

(b)had been granted by the responsible authority.

(3)As soon as practicable after an application is determined, the responsible authority must give the administrative officer of the DAP that granted the development approval written notification of the determination which must include the following —

(a)the date of the determination;

(b)the determination;

(c)the terms of any condition to which the approval of the application is subject;

(d)reasons for any refusal of the application.

[Regulation 17A inserted: Gazette 16 Dec 2016 p. 5712.]

18.Review by State Administrative Tribunal

(1)In this regulation —

decision‑maker has the meaning given in the State Administrative Tribunal Act 2004 section 3(1);

deemed refused DAP application means a DAP application that is taken under the Act or a planning instrument to have been refused because a determination of the application was not made, or notice of the determination was not given to the applicant, within the time allowed under the Act or planning instrument.

(2)A person who has made a DAP application or an application under regulation 17 may apply to the State Administrative Tribunal for a review, in accordance with Part 14 of the Act, of —

(a)a determination by a DAP to refuse the application; or

(b)any condition imposed by a DAP in the determination of the application; or

(c)a deemed refused DAP application,

as if the determination or deemed refusal were a determination of a responsible authority.

(3)Despite section 171A(3) of the Act and any other provision of these regulations, for the purposes of the State Administrative Tribunal Act 2004, other than section 31, the presiding member of a DAP is —

(a)the decision‑maker in respect of a determination of a DAP application by the DAP or a deemed refused DAP application; and

(b)the respondent in any application for review of the determination or deemed refusal.

(4)For the purposes of reconsideration of a decision on an invitation made under the State Administrative Tribunal Act 2004 section 31, the decision‑maker is the DAP that made the reviewable decision.

[Regulation 18 amended: Gazette 17 Apr 2015 p. 1383.]

Part 3  Delegation to DAPs

19.Determination of certain development applications may be delegated to DAP

(1)A development application is an application of a class prescribed for the purposes of this regulation if —

(a)the application is for approval for development that has an estimated cost of $2 million or more; and

(b)the application is one of the following —

(i)an application that is not an excluded development application;

(ii)an application for approval for the construction of less than 10 grouped dwellings and any associated carport, patio, outbuilding and incidental development;

(iii)an application for approval for the construction of less than 10 multiple dwellings and any associated carport, patio, outbuilding and incidental development.

(2)A local government may, by written instrument, delegate to a DAP established for the district of the local government —

(a)the power of the local government to determine a development application of a class prescribed under subregulation (1) that is made to the local government; and

(b)the power of the local government to amend or cancel determinations of applications of that kind.

(3)The power to delegate can be exercised by a local government only by or in accordance with a decision of an absolute majority (as defined in the Local Government Act 1995 section 1.4) of the council of the local government.

(4)The Commission may, by written instrument, delegate to a DAP —

(a)the power of the Commission to determine a development application of a class prescribed under subregulation (1) that is made to the Commission; and

(b)the power of the Commission to amend or cancel determinations of applications of that kind.

(5)The local government or Commission may delegate the power either generally or as provided in the instrument of delegation.

(6)A local government or the Commission must not make a delegation under this regulation or amend such a delegation unless the local government or the Commission has notified in writing —

(a)the applicant; and

(b)the Director General.

(7)A DAP to which a power is delegated under this regulation cannot delegate that power.

[Regulation 19 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1383‑4.]

20.Commencement of delegation

(1)An instrument of delegation under regulation 19, and any instrument amending or revoking the delegation, takes effect on the day specified in the instrument.

(2)A body that delegates to a DAP under regulation 19 must give a copy of the instrument of delegation to the Director General.

[Regulation 20 inserted: Gazette 17 Apr 2015 p. 1384.]

21.Effect of delegation

(1)Nothing in regulation 19 or 20 or this regulation prevents or limits the application of the Interpretation Act 1984 sections 58 and 59 to a delegation made under regulation 19.

(2)If a local government or the Commission has delegated under regulation 19 the power to determine a development application —

(a)the applicant must, in addition to any application required under the planning instrument under which the application is made, give to the local government with which the application is lodged a notice in the form of Form 1 in Schedule 3; and

(b)regulations 11 to 16 apply as if the application were a DAP application.

(3)If a local government or the Commission has delegated under regulation 19 the power to amend or cancel the determination of a development application —

(a)the applicant for amendment or cancellation must, in addition to any application required under the planning instrument under which the application is made, give to the local government with which the application is lodged an application in the form of Form 2 in Schedule 3; and

(b)regulations 11 to 16 apply as if the application were a DAP application.

(4)A DAP exercising a power that has been delegated to the DAP under this regulation is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)A power exercised by a DAP pursuant to a delegation under this regulation is taken to be exercised by the body that delegated the power.

22.Payments in respect of exercise of delegated power

(1)Subject to any agreement made under subregulation (3), a local government that under this Part delegates a power to determine a development application must pay to the department in respect of the application an amount equal to the amount that would have been payable under regulation 10 by the applicant if the application were made under that regulation.

(2)Subject to any agreement made under subregulation (3), a local government that under this Part delegates a power to amend or cancel a development application must pay to the department in respect of the application an amount equal to the amount that would have been payable under regulation 17 by the applicant if the application were made under that regulation.

(3)The Director General may enter into an agreement with a local government as to the payments under subregulation (1) or (2).

[Regulation 22 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1384 and 1386.]

Part 4 — Development assessment panels

Division 1 — DAP members

23.LDAP members

(1)The members of a LDAP are —

(a)2 persons appointed to the LDAP as local government members; and

(b)3 persons appointed to the LDAP as specialist members.

(2)The members must be appointed in writing by the Minister.

(3)Regulation 24 applies to the appointment of local government members.

(4)Regulation 37 applies to the appointment of specialist members.

24.Local government members of LDAP

(1)Whenever it is necessary to make an appointment under regulation 23(1)(a), the Minister must —

(a)in writing, request the local government of the district for which the DAP is established to nominate a member of the council of the local government for appointment; and

(b)unless subregulation (2) applies, appoint the person so nominated.

(2)If, within 40 days after the date on which the Minister makes a request to a local government under subregulation (1) or such longer period as the Minister may allow, the local government fails to nominate a person for appointment in accordance with the request, the Minister may appoint under regulation 23(1)(a) a person who is an eligible voter of the district for which the LDAP is established.

(3)For the purposes of subregulation (2) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

[Regulation 24 amended: Gazette 16 Dec 2016 p. 5712‑13.]

25.JDAP members

(1)The members of a JDAP, at any meeting of the JDAP to determine or otherwise deal with a development application or an application to amend or cancel a determination of the JDAP, are —

(a)the 2 local government members included on the local government register for the relevant local government in relation to the development application; and

(b)3 persons appointed to the JDAP as specialist members.

(2)In subregulation (1)(a) —

relevant local government, in relation to a development application, means the local government of the district in which the land to which the development application relates is situated.

(3)The specialist members must be appointed in writing by the Minister.

(4)Regulation 37 applies to the appointment of specialist members.

[Regulation 25 amended: Gazette 16 Dec 2016 p. 5713.]

26.JDAP local government member register

(1)The Minister must cause to be established and maintained a register of local government members of JDAPs.

(2)Subject to subregulation (4), the register must include, for each local government of a district for which a JDAP is established, the names of 2 members of the council of the local government.

(3)Whenever it is necessary to include a member of a council of a local government on a local government register under subregulation (2), the Minister must —

(a)in writing, request the local government to nominate a member of the council of the local government for inclusion on the register; and

(b)unless subregulation (4) applies, include on the register the name of the person nominated.

(4)If, within 40 days after the date on which the Minister makes a request under subregulation (3) or such longer period as the Minister may allow, the local government fails to nominate a person for inclusion on the local government register in accordance with the request, the Minister may instead include on the register a person who is an eligible voter of the district of the local government.

(5)For the purposes of subregulation (4) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

[Regulation 26 amended: Gazette 16 Dec 2016 p. 5713.]

27.Presiding member and deputy presiding member

(1)The Minister must appoint —

(a)one of the specialist members of a DAP with experience and a tertiary qualification in planning as the presiding member of the DAP; and

(b)another of the specialist members with that experience and qualification as the deputy presiding member.

(2)Subject to subregulation 3A, the deputy presiding member must act as presiding member when the presiding member is unable to do so by reason of illness, absence or other cause.

(3A)If both the presiding member and the deputy presiding member of a DAP are unable to act as presiding member of the DAP by reason of illness, absence or other cause, the Director General may appoint the presiding member of another DAP to act as presiding member of the DAP.

(3)No act or omission of the deputy presiding member acting as presiding member is to be questioned on the ground that the occasion for his or her so acting had not arisen or had ceased.

[Regulation 27 amended: Gazette 17 Apr 2015 p. 1384.]

28.Alternate members

(1)The Minister may, in writing, appoint —

(a)an alternate member for any person appointed under regulation 23(1)(a); and

(b)an alternate member for any person included on the local government register under regulation 26; and

(c)such number of persons eligible to be appointed as specialist members as the Minister considers necessary to form a pool of alternate members for specialist members.

(2)Regulation 24 applies in relation to an appointment under subregulation (1)(a).

(3)Regulation 26 applies in relation to an appointment under subregulation (1)(b).

(4)An alternate member for a local government member of a DAP may act in the place of the local government member if the local government member is unable to perform the functions of the member by reason of illness, absence or other cause.

(5)If a specialist member other than the presiding member is unable to perform the functions of the member by reason of illness, absence or other cause, an alternate member from the pool referred to in subregulation (1)(c) may, on the request of the presiding member, act in the place of the specialist member.

(6)A person cannot act in the place of a specialist member of a DAP if the person is —

(a)employed under the Local Government Act 1995 section 5.36 by the local government of a district for which the DAP is established; or

(b)a member of the council of the local government of a district for which the DAP is established.

(7)An alternate member acting under this regulation may despite anything in these regulations, continue to act, after the occasion for so acting has ceased, for the purpose of completing any determination of a DAP application.

(8)An alternate member, while acting in the place of a DAP member, has the same functions and protection from liability as a DAP member.

(9)No act or omission of a person acting in place of another under this regulation is to be questioned on the ground that the occasion for so acting had not arisen or had ceased.

29.Term of office

(1)A DAP member holds office for the term specified in the member’s instrument of appointment.

(2)The term of office specified in an instrument of appointment must not exceed 3 years.

(3)A person’s eligibility for reappointment as a DAP member or the term for which a person may be reappointed is not affected by an earlier appointment.

[Regulation 29 amended: Gazette 16 Dec 2016 p. 5713.]

30.Training of DAP members

(1)A person who is appointed as a DAP member cannot perform any functions as a member of that DAP until the Director General is of the opinion that the member has satisfactorily completed the training for DAP members provided by the department.

(2)Subject to subregulation (3), a DAP member who satisfactorily completes —

(a)the training for DAP members referred to in subregulation (1) is entitled to be paid the amount specified in Schedule 2 item 7; and

(b)a course of re‑training for DAP members is entitled to be paid the amount specified in Schedule 2 item 8.

(3)Unless the Minister has given written consent to the payment, the amount referred to in subregulation (2) is not payable to a DAP member who is —

(a)an employee as defined in the Public Sector Management Act 1994; or

(b)an employee of a department or other agency of the Commonwealth; or

(c)a local government employee; or

(d)a judicial officer or retired judicial officer; or

(e)an employee of a public academic institution.

[Regulation 30 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386; 16 Dec 2016 p. 5714.]

31.Fees and allowances for DAP members

(1)Subject to subregulation (6), a DAP member who attends a DAP meeting is entitled to be paid the fee set out in Schedule 2 item 1 or 2, as the case requires.

(2)Subject to subregulation (6), a DAP member who attends a DAP meeting to determine an application under regulation 17 is entitled to be paid the relevant fee set out in Schedule 2 item 3 or 4 but is not entitled to be paid the fee set out in Schedule 2 item 1 or 2.

(3A)A DAP member may be paid 50% of the fee to which the member would have been entitled under subregulation (1) or (2) for attending a DAP meeting if —

(a)the DAP meeting is cancelled after the agenda for the meeting was published in accordance with regulation 39(1); and

(b)the Director General approves the payment.

(3)Subject to subregulation (6), a DAP member who, at the invitation or requirement of the State Administrative Tribunal, attends a proceeding in the Tribunal in relation to the review of a determination of the DAP is entitled to be paid the fee set out in Schedule 2 item 5 or 6, as the case requires.

(3B)Subject to subregulation (6), the presiding member of a DAP who determines a dispute under regulation 16(2C) is entitled to be paid the fee set out in Schedule 2 item 9.

(4)A DAP member is entitled to be reimbursed for motor vehicle and travel expenses at the rate decided from time to time by the Public Sector Commissioner for members of Government boards and committees.

(5)Fees and allowances for DAP members are payable by the department.

(6)Unless the Minister has given written consent to the payment, fees are not payable under this regulation to a DAP member who is —

(a)an employee as defined in the Public Sector Management Act 1994; or

(b)an employee of a department or other agency of the Commonwealth; or

(c)a local government employee; or

(d)a judicial officer or retired judicial officer; or

(e)an employee of a public academic institution.

[Regulation 31 amended: Gazette 17 Apr 2015 p. 1385; 16 Dec 2016 p. 5714.]

32.Casual vacancies

(1)The office of a DAP member becomes vacant if the member —

(a)dies, resigns or is removed from office under this regulation; or

(b)is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(c)is convicted of an offence punishable by imprisonment for more than 12 months; or

(d)is convicted of an offence against section 266 of the Act.

(2)A DAP member may at any time resign from office by giving a written resignation to the Minister.

(3)The Minister may, by notice in writing given to the member, remove a DAP member from office on the grounds of —

(a)neglect of duty; or

(b)misconduct or incompetence; or

(c)mental or physical incapacity to carry out the member’s duties in a satisfactory manner; or

(d)absence without leave granted under regulation 33 from 3 consecutive meetings of the DAP of which the member had notice; or

(e)unreasonable failure to undertake the training for DAP members referred to in regulation 30(1).

(4)Failure to comply with regulation 45(2), 46(2) or (3), 47 or 48 is capable of constituting misconduct for the purposes of subregulation (3)(b).

(5A)A person appointed as a local government member of a DAP on the nomination of a local government under regulation 24(1)(a) ceases to be a member of the DAP if the person ceases to be a member of the council of the local government.

(5B)A person included on the local government register on the nomination of a local government under regulation 26(3)(a) ceases to be included on the register if the person ceases to be a member of the council of the local government.

(5)Except in the circumstances referred to in subregulation (5A), the Minister must, by notice in writing given to the member, remove a DAP member from office if the member ceases to hold a position or qualification by virtue of which the member was appointed.

(6)A notice given under subregulation (3) or (5) must specify the ground of removal.

(7)The removal takes effect on the day on which the member is given the notice or on such later day as is specified in the notice.

[Regulation 32 amended: Gazette 17 Apr 2015 p. 1385; 16 Dec 2016 p. 5714.]

33.Leave of absence

The Minister may grant leave of absence to a DAP member on the terms and conditions determined by the Minister.

34.Extension of term of office during vacancy in membership

(1)If the office of a DAP member becomes vacant because the member’s term of office expires, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).

(2)However, subregulation (1) ceases to apply if the member resigns or is removed from office under these regulations.

(3)The maximum period for which a DAP member is taken to continue to be a member under this regulation after the member’s term of office expires is 3 months.

Division 2 — Specialist members

35.Register of persons eligible to be specialist members

(1)The Minister must cause to be compiled and maintained a register of persons who —

(a)have experience in one or more of the following areas of expertise —

(i)town planning;

(ii)architecture;

(iii)urban design;

(iv)engineering;

(v)landscape design;

(vi)environment;

(vii)law;

(viii)property development or management;

and

(b)have —

(i)a tertiary qualification relevant to their area of expertise and experience practising or working in their area of expertise that is, in the opinion of the Minister, sufficient to allow them to perform the duties of a specialist member; or

(ii)extensive experience practising or working in their area of expertise that is, in the opinion of the Minister, sufficient to allow them to perform the duties of a specialist member;

and

(c)are willing to hold office as a specialist member of a DAP.

(2)The following persons are not eligible to be included on the register —

(a)an officer of the department;

(b)a member of a parliament as defined in the Local Government Act 1995 section 2.20.

(3)The register must include the following details in relation to each person on it —

(a)the name of the person;

(b)the qualifications and experience of the person;

(c)any other details the Minister considers appropriate.

(4)The Minister may from time to time add a person to the register.

(5)The Minister may remove a person from the register —

(a)on the written request of that person; or

(b)if the person is removed from office as a DAP member under regulation 32; or

(c)if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d)if the person is convicted of an offence punishable by imprisonment for more than 12 months; or

(e)if the Minister is satisfied that the person is no longer eligible to be included on the register or willing to hold office as a specialist member of a DAP.

[36.Deleted: Gazette 17 Apr 2015 p. 1385.]

37.Appointment of specialist members and alternate specialist members

(1)The Minister, when appointing a person as a specialist member of a DAP under regulation 23(1)(b) or 25(1)(b) or an alternate member under regulation 28(1)(c), must appoint a person selected by the Minister from the register maintained under regulation 35.

(2)The Minister must not appoint as a specialist member of a DAP a person who is —

(a)employed under the Local Government Act 1995 section 5.36 by the local government of a district for which the DAP is established; or

(b)a member of the council of the local government of a district for which the DAP is established.

(3)A person may hold office as a specialist member of more than one DAP at the same time.

(4)At least 2 of the specialist members of each DAP must have experience, and a tertiary qualification, in town planning.

[Regulation 37 amended: Gazette 17 Apr 2015 p. 1385.]

[38.Deleted: Gazette 17 Apr 2015 p. 1385.]

Division 3 — Meetings

39.Notice of meetings

(1)The time, date and location of each DAP meeting, and the agenda for the meeting, must be published at least 7 days before the day of the meeting —

(a)on the DAP website; and

(b)by each local government of a district in which development under a development application will be considered at the meeting —

(i)on its website; or

(ii)if the local government does not have an operating website, by means approved by the Director General.

(1A)The local government must, at least 7 days before the day of the DAP meeting, give written notice of the time, date and location of the DAP meeting, and the agenda for the meeting, to each person who made a written submission to the local government in relation to a DAP application to be considered at the meeting.

(1B)However, the local government is not required to give a notice under subregulation (1A) if —

(a)the submission was received after the period for receipt of submissions specified in the notice advertising the DAP application; or

(b)it is not reasonably practicable to do so; or

(c)the DAP application was not advertised.

(1C)Notice under subregulation (1A) may be given by email or post.

(2)The administrative officer of the DAP must notify local governments of the details necessary to enable the local governments to comply with subregulations (1)(b) and (1A).

[Regulation 39 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386; 16 Dec 2016 p. 5715.]

40.General procedure concerning meetings

(1)At a meeting of a DAP, the DAP may determine —

(a)one or more development applications; or

(b)one or more applications under regulation 17.

(2)Any DAP meeting to determine a development application or, unless otherwise directed under subregulation (4), an application under regulation 17 is to be open to the public.

(3)The presiding member of a DAP may invite a person to advise or inform, or make a submission to, the DAP in respect of a development application.

(4)The presiding member may direct that a DAP meeting to determine an application under regulation 17 —

(a)is to be held by each other person at the meeting being in contact by telephone, or other means of electronic communication; and

(b)is not open to the public.

(5)The Director General may issue practice notes about the practice and procedure of DAPs and each DAP must comply with those practice notes.

[Regulation 40 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386; 16 Dec 2016 p. 5715.]

41.Quorum

At a meeting of a DAP, 3 members of the DAP, including the presiding member, constitute a quorum.

[Regulation 41 inserted: Gazette 17 Apr 2015 p. 1386.]

42.Voting

(1)A DAP member at a DAP meeting, including the presiding member, has a single vote on a decision to be made by the DAP and, in the case of an equality of votes, the presiding member also has a casting vote.

(2)A matter that is to be decided by a DAP at a meeting of a DAP must be decided by a majority of votes of the members present.

43.Attending meeting remotely

If the presiding member of a DAP consents, the presence of a person at a meeting of the DAP need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication.

44.Minutes

(1)Accurate minutes of a meeting of a DAP must be kept, in a form approved by the Director General, by —

(a)an officer of the local government at whose offices the DAP meeting is held; or

(b)another person approved by the Director General.

(1A)For each determination of a development application, or application under regulation 17, by a DAP the minutes must include a record of —

(a)the determination; and

(b)reasons for the determination.

(2)The local government at whose offices a meeting of a DAP is held, or the person who takes the minutes, must give the administrative officer of the DAP a copy of the minutes of the meeting within 5 days after the date of the meeting.

(3)The minutes of a meeting given under subregulation (2) must be confirmed and signed by the person who was the presiding member at the meeting.

(4)The minutes that are confirmed and signed under subregulation (3) must be published on the DAP website within 10 days after the date of the meeting.

(5)If —

(a)the presiding member is not available to confirm and sign the minutes of a meeting; and

(b)the deputy presiding member was present at that meeting,

the deputy presiding member may confirm and sign the minutes.

(6)The administrative officer of the DAP must give the local government a copy of the signed minutes.

(7)The local government must publish a copy of the signed minutes —

(a)on its website; or

(b)if the local government does not have an operating website, by means approved by the Director General.

[Regulation 44 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386; 16 Dec 2016 p. 5716.]

Division 4 — Conduct of DAP members

45.Code of conduct

(1)The Director General must make and maintain a written code of conduct in respect of DAPs.

(2)Each person performing functions as a DAP member must comply with the code of conduct.

(3)The Director General may amend the code of conduct from time to time.

[Regulation 45 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386.]

46.Gifts

(1)In this regulation —

gift has the meaning given in the Local Government Act 1995 section 5.82(4) except that it does not include a gift from a relative as defined in section 5.74(1) of that Act;

notifiable gift, in relation to a DAP member, means —

(a)a gift worth more than $50 and less than $300; or

(b)a gift that is one of 2 or more gifts given to the member by the same person within a period of 6 months that are in total worth more than $50 and less than $300;

prohibited gift, in relation to a DAP member, means —

(a)a gift worth $300 or more; or

(b)a gift that is one of 2 or more gifts given to the member by the same person within a period of 6 months that are in total worth $300 or more.

(2)A person who is a DAP member must not accept a prohibited gift from a person who —

(a)is undertaking development approved by the DAP; or

(b)is seeking to undertake development requiring approval by the DAP; or

(c)it is reasonable to believe is intending to undertake development requiring approval by the DAP.

(3)A person who is a DAP member and who accepts a notifiable gift from a person who —

(a)is undertaking development approved by the DAP; or

(b)is seeking to undertake development requiring approval by the DAP; or

(c)it is reasonable to believe is intending to undertake development requiring approval by the DAP,

must notify the Director General of the acceptance in accordance with subregulation (4) as soon as practicable after the member becomes aware that the person has made or is intending to make the application for approval.

(4)Notification of the acceptance of a notifiable gift must be in writing and must include the following —

(a)the name of the person who gave the gift;

(b)the date on which the gift was accepted;

(c)a description, and the estimated value, of the gift;

(d)the nature of the relationship between the DAP member and the person who gave the gift;

(e)if the gift is a notifiable gift under paragraph (b) of the definition of notifiable gift in subregulation (1) (whether or not it is also a notifiable gift under paragraph (a) of that definition) —

(i)a description; and

(ii)the estimated value; and

(iii)the date of acceptance,

of each other gift accepted within the 6 month period.

(5)The Director General must maintain a register of gifts in which details of notices received under subregulation (4) are recorded.

[Regulation 46 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386.]

47.Relations with local government and public sector employees

A DAP member attending a DAP meeting must not, either orally, in writing or by any other means —

(a)make a statement that a local government or public sector employee is incompetent or dishonest; or

(b)use offensive or objectionable expressions in reference to a local government or public sector employee.

48.Public comment

(1)A DAP member, other than the presiding member, must not publicly comment, either orally or in writing, on any action or determination of a DAP.

(2)Subregulation (1) does not apply to comments made at a meeting of a DAP.

Part 5  Administration

49.Administrative officer

(1)In this regulation —

departmental officer means a public service officer employed in the department;

employed in the department includes seconded to perform functions or services for, or duties in the service of, the department;

public service officer has the meaning given in the Public Sector Management Act 1994 section 3(1).

(2)Each DAP is to have an administrative officer.

(3)The Director General must make a departmental officer available to provide services to a DAP as its administrative officer.

[Regulation 49 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386.]

50.Other staff and facilities

If a DAP is established for the district of one or more local governments, the local governments must —

(a)make available at least one local government employee to provide administrative support to the DAP at meetings of the DAP; and

(b)provide the DAP with such facilities at an office of the local governments as the DAP may reasonably require to perform its functions including —

(i)an appropriate venue for DAP meetings; and

(ii)electronic equipment; and

(iii)catering.

51.DAP website

The Director General must establish a website (the DAP website) containing —

(a)information required under these regulations to be published on the website; and

(b)such other information about DAPs as the Director General considers appropriate.

[Regulation 51 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386.]

52.Minister may require information

(1)In this regulation —

document includes any tape, disk or other device or medium on which information is recorded or stored;

information means information specified, or of a description specified, by the Minister that relates to a DAP application.

(2)The Minister is entitled —

(a)to request a local government to obtain information; and

(b)to have information in the possession of a DAP or a local government; and

(c)if the information is in or on a document, to have, and make and retain copies of, that document; and

(d)to give to a DAP information furnished under this regulation or under section 18 of the Act.

(3)For the purposes of subregulation (2) the Minister —

(a)may request a local government to obtain information; and

(b)may request a DAP or a local government to furnish information to the Minister; and

(c)may request a DAP or a local government to give the Minister access to information; and

(d)for the purposes of paragraph (c), may make use of staff of the local government to obtain the information and furnish it to the Minister.

(4)A DAP must comply with a request made under subregulation (3) and the relevant local government is to make its staff and facilities available for the purposes of subregulation (3)(d).

53.Annual report

(1)The Director General must include in the annual report prepared by the Director General for the purposes of the Financial Management Act 2006 Part 5 a report on the operations of each DAP for the financial year.

(2)The report must include details of the following —

(a)the number, nature and outcome of DAP applications received by each DAP;

(b)the time taken to determine each DAP application;

(c)the number of determinations made by each DAP that have been the subject of an application for review by the State Administrative Tribunal;

(d)any other information the Director General considers relevant.

[Regulation 53 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386.]

Part 6  Miscellaneous

54.Amendment or revocation of order establishing DAP: transitional provisions

(1)If an order made under section 171C of the Act establishing a DAP is revoked, any DAP application of which the DAP has been notified under regulation 11 and which has not been determined by the DAP must —

(a)if, at the same time as the order is revoked, another DAP is established for the district in which the development is proposed, be determined by that DAP; or

(b)otherwise, be determined by the responsible authority to which the application was made.

(2)If an order made under section 171C of the Act establishing a JDAP is amended so that it is no longer established for a district, any DAP application for development in that district of which the JDAP has been notified under regulation 11 and which has not been determined by the JDAP must —

(a)if, at the same time as the order is amended, another DAP is established for the district in which the development is proposed, be determined by that DAP; or

(b)otherwise, be determined by the responsible authority to which the application was made.

55.Review of fees

The Director General must —

(a)cause a review of the fees prescribed under Schedule 1 to be carried out as soon as practicable after each anniversary of the day on which these regulations come into operation; and

(b)cause a report on the review to be prepared; and

(c)provide a copy of the report, and any relevant information used for the purpose of the review, to the Minister.

[Regulation 55 amended: Gazette 25 Jan 2013 p. 272‑3; 17 Apr 2015 p. 1386.]

 

Schedule 1  Fees for applications

[r. 10 and 17]

[Heading inserted: Gazette 26 Jun 2018 p. 2390.]

Item

Application

Fee

1.

A DAP application where the estimated cost of the development is —

 

 

(a)not less than $2 million and less than $7 million


$5 603

 

(b)not less than $7 million and less than $10 million


$8 650

 

(c)not less than $10 million and less than $12.5 million


$9 411

 

(d)not less than $12.5 million and less than $15 million


$9 680

 

(e)not less than $15 million and less than $17.5 million


$9 948

 

(f)not less than $17.5 million and less than $20 million


$10 218

 

(g)$20 million or more

$10 486

2.

An application under r. 17

$241

[Schedule 1 inserted: Gazette 26 Jun 2018 p. 2390.]

Schedule 2  Fees for DAP members

[r. 30 and 31]

[Heading inserted: Gazette 16 Dec 2016 p. 5716.]

1.

Fee for presiding member per meeting to determine development applications


$700

2.

Fee for any other member per meeting to determine development applications


$425

3.

Fee per meeting for presiding member to determine applications to amend or cancel determination



$200

4.

Fee per meeting for any other member to determine applications to amend or cancel determination



$100

5.

Fee for presiding member attending proceeding in State Administrative Tribunal


$700

6.

Fee for any other member attending proceeding in State Administrative Tribunal


$425

7.

Fee for training for DAP members

$400

8.

Fee for re‑training for DAP members

$200

9.

Fee for presiding member to determine dispute as to compliance with notice


$200

[Schedule 2 inserted: Gazette 16 Dec 2016 p. 5716‑17.]

 

Schedule 3 — Forms

[r. 7, 10, 17 and 21]

[Heading inserted: Gazette 16 Dec 2016 p. 5717.]

1.Notice of development application to be determined by DAP (r. 7, 10 and 21)

Planning and Development Act 2005

Planning and Development (Development Assessment Panels) Regulations 2011

Notice of development application to be determined by a Development Assessment Panel (r. 7, 10 and 21)

Application details

To:

[Name of local government and/or Western Australian Planning Commission]

 

Planning scheme(s):

[Name of planning scheme(s) that applies to the land described below]

 

Land:

[Lot number, street name, town/suburb]

 

Certificate of Title:

(provide copy)

Volume Number:

Folio:

Location Number:

Plan/Diagram Number:

 

Details of development application made to responsible authority:

[Summary of proposal]

Development use:

[Residential/Commercial/Industrial/Rural/Mixed Use/Other]

 

Estimated cost of development (GST included):

[$]

 

Part A: Acknowledgment by Applicant and Landowner

Mandatory application:

I give notice that I understand that this is a mandatory Development Assessment Panel application (regulation 5)

Optional application:

I give notice that I have elected to have the development application that accompanies this form determined by a Development Assessment Panel (regulation 6)

Delegated application:

I give notice that I understand that this is an application of a class delegated to a Development Assessment Panel for determination (regulation 19)

Applicant details (to be completed and signed by applicant)

By completing this notice, I declare that all the information provided in this application is true and correct. I understand that the information provided in this notice, and attached forming part of the development application, will be made available to the public on the Development Assessment Panel and local government websites.

Name:

 

Company:

 

Address:

 

Contact details:

Email:

Telephone:

Signature:

 

Date:

Landowner details (to be completed and signed if landowner is different from applicant)

By completing this notice, I give consent to the making of this application by an authorised applicant on my behalf.

Name:

 

Company (if applicable):

 

Address:

 

Contact details:

Email:

Telephone:

Signature:

 

Date:

Part B: Acknowledgment by Local Government

Responsible authority:

Local government

Western Australian Planning Commission

Dual — Local government and Western Australian Planning Commission

Building Management and Works (Department of Finance) — Public School Applications

Fees for application:

(Schedule 1)

[$]
Amount that has been paid by the applicant.

[$]
Amount to be paid by local government (delegated applications only — regulation 22)

Statutory timeframe:
(regulation 12)

60 days (advertising not required)

90 days (advertising required or other scheme provisions)

LG Reference number (if known):

 

Name of planning officer (report writer):

 

Position and title:

 

Contact details:

Email:

Telephone:

Planning officer’s signature:

 

Date:

Please refer to the Development Assessment Panel’s “Guidance Note: Lodging a DAP Application” for further information.

[Form 1 inserted: Gazette 16 Dec 2016 p. 5717‑19.]

2.Application for amendment or cancellation of development approval (r. 17 and 21)

Planning and Development Act 2005

Planning and Development (Development Assessment Panels) Regulations 2011

Application for amendment or cancellation of a DAP determination (r. 17 and 21)

Part A: Development application previously determined

Estimated cost of development (GST included):


$

Description of development:

 

Lot number:

 

Street number and name:

 

Town/suburb:

 

Existing use:

 

Proposed amendments:

 

DAP file number (DoP reference):

 

Original DAP determination date:

 

Part B: Applicant details

Name:

 

Address:

 

Company (if applicable)

 

Contact details:

Email:

Telephone:

 

Signature:

 

Date:

Please note: unless otherwise requested, DAP secretariat will contact you via your nominated email address.

Part C: Landowner details

Name:

 

Address:

 

 

Contact details:

Email:

Telephone:

 

Signature:

OR

 

Letter of consent attached

Date:

Part D: Amendment requested

Please specify the amendments/modifications required to the original determination.

Please tick one of the following:

to amend the approval so as to extend the period within which any development approved must be substantially commenced;

to amend or delete any condition to which the approval is subject;

to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

to cancel the approval.

Part E: Acknowledgment by local government

(To be completed and signed by a local government planning officer)

Development Assessment Panel fee:

Development Assessment Panel fee that has been paid by the applicant $155 (Schedule 1)

 

Planning scheme:

[Name of planning scheme, or schemes, that apply to the prescribed land]

LG Reference number (if known):

 

Name of planning officer:

 

Position and title:

 

Contact details:

Telephone:

Email:

 

Planning officer’s signature:

 

Date:

Please refer to the Development Assessment Panel’s “Guidance Note: Lodging a DAP Application” for further information.

[Form 2 inserted: Gazette 16 Dec 2016 p. 5720‑1.]

 

Notes

This is a compilation of the Planning and Development (Development Assessment Panels) Regulations 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Citation

Published

Commencement

Planning and Development (Development Assessment Panels) Regulations 2011

24 Mar 2011 p. 1039-90

r. 1 and 2: 24 Mar 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 25 Mar 2011 (see r. 2(b) and Gazette 24 Mar 2011 p. 1035)

Planning and Development (Development Assessment Panels) Amendment Regulations 2013

25 Jan 2013 p. 271‑7

r. 1 and 2: 25 Jan 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 26 Jan 2013 (see r. 2(b))

Planning and Development (Development Assessment Panels) Amendment Regulations (No. 2) 2013

16 Jul 2013 p. 3249‑50

r. 1 and 2: 16 Jul 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Aug 2013 (see r. 2(b))

Planning and Development (Development Assessment Panels) Amendment Regulations 2015

17 Apr 2015 p. 1380‑6

r. 1 and 2: 17 Apr 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 1 May 2015 (see r. 2(b))

Planning and Development (Development Assessment Panels) Amendment Regulations 2016

16 Dec 2016 p. 5709‑21

r. 1 and 2: 16 Dec 2016 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Feb 2017 (see r. 2(b))

Planning and Development (Development Assessment Panels) Amendment Regulations 2017

30 Jun 2017 p. 3592‑3

r. 1 and 2: 30 Jun 2017 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Jul 2017 (see r. 2(b))

Planning and Development (Development Assessment Panels) Amendment Regulations 2018

26 Jun 2018 p. 2389‑90

r. 1 and 2: 26 Jun 2018 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Jul 2018 (see r. 2(b))

Uncommenced provisions table

To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA Legislation website.

Citation

Published

Commencement

Planning Regulations Amendment Regulations 2020 Pt. 4

SL 2020/252 18 Dec 2020

15 Feb 2021 (see r. 2(c))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

administrative officer3(1)

alternate member3(1)

applicant3(1)

application17A(1)

carport3(2)

DAP application3(1)

DAP member3(1)

DAP website3(1), 51

decision‑maker18(1)

deemed refused DAP application18(1)

department3(1)

departmental officer49(1)

deputy presiding member3(1)

Director General3(1)

document52(1)

dwelling3(2)

employed in the department49(1)

excluded development application3(1)

gift46(1)

grouped dwelling3(2)

incidental development3(2)

information52(1)

local government member3(1)

local government register3(1)

member3(1)

multiple dwelling3(2)

notifiable gift46(1)

outbuilding3(2)

patio3(2)

planning instrument3(1)

presiding member3(1)

prohibited gift46(1)

public service officer49(1)

R‑Codes3(1)

relevant local government25(2)

single house3(2)

specialist member3(1)

warehouse3(1)