Planning and Development (Development Assessment Panels) Amendment Regulations 2013 (WA)

25 January 2013 GOVERNMENT GAZETTE, WA 271

PL301*

Planning and Development Act 2005

Planning and Development (Development

Assessment Panels) Amendment

Regulations 2013

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Planning and Development
(Development Assessment Panels) Amendment
Regulations 2013.

272 GOVERNMENT GAZETTE, WA 25 January 2013

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 after that day.

3.             Regulations amended

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

4.             Regulation 3 amended

(1)	In regulation 3(1) delete the definition of CEO.
(2)	In regulation 3(1) insert in alphabetical order:

Planning CEO means the chief executive officer of the
department;

5.             Regulation 12 amended

After regulation 12(6) insert:

(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.

6.             Regulation 13 amended

Delete regulation 13(1) and insert:

(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.

7.             Various references to “CEO” amended

In the provisions listed in the Table delete “CEO” (each
occurrence) and insert:

Planning CEO 

25 January 2013 GOVERNMENT GAZETTE, WA 273

Table

r. 12(2)	r. 19(6)
r. 20(2) and (3)	r. 22(3)
r. 30(1)	r. 38(2)(a)
r. 39(1)(b)(ii)	r. 40(5)
r. 44(1) and (7)(b)	r. 45(1) and (3)
r. 46(3) and (5)	r. 49(3)
r. 51	r. 53(1) and (2)(d)
r. 55

8.             Schedule 3 replaced

Delete Schedule 3 and insert:

Schedule 3 — Forms

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

(To be completed by applicant)

To:	[Name of local government or Western Australian Planning Commission]
Planning	[Name of planning scheme(s) that applies to the
Scheme(s):	land described below]
Land:	[Lot number, street name, town/suburb, or other relevant description]
Certificate of	Certificate of Title  Folio:
Title:	Volume:
Location No:  Plan or Diagram No:

274 GOVERNMENT GAZETTE, WA 25 January 2013

Details of	[Number and date of development application]
development application made to responsible authority:
Estimated cost of	[$]
development:

Part A

Notice of election to have development application determined by

a Development Assessment Panel

(r. 7 — to be completed and signed by applicant if required)

I give notice that I elect to have the development application that is attached to this notice determined by a Development Assessment Panel

Applicant’s

name:

Applicant’s

address:

Applicant’s	Telephone:	Email:
contact:

Applicant’s 
signature:  Date:

I give consent to the making of this application by any authorised
applicant on my behalf
(to be completed and signed only if the landowner is different from the

applicant)

Landowner’s

name:

Landowner’s

address:

Landowner’s	Telephone:	Email:
contact:

Landowner’s 
signature:  Date:

Part B

Acknowledgment of initiation of development application to be

determined by a Development Assessment Panel

(To be completed and signed by applicant)

[please tick one of the following]:

I give notice that I:

□ understand that this is a mandatory Development Assessment Panel

application (r. 5)

25 January 2013 GOVERNMENT GAZETTE, WA 275

□ have elected to have the development application that accompanies

this notice determined by a Development application (r. 6, 7)
□	understand that this is an application of a class delegated to a

Development Assessment Panel for determination (r. 19)

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, local government and Western Australian Planning Commission websites.

Applicant’s

name:

Applicant’s 
signature:  Date:

Part C

Acknowledgment by local government

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

Development	Confirmation of intended recipient of development
application:	application made to responsible authority
□  Local government

□ Western Australian Planning Commission

□ Dual local government and Western Australian

Planning Commission

Development	□	Development Assessment Panel fee that has been
Assessment  Panel fee:	paid by the applicant $........................ (Sch. 1)

OR

□ Amount to be paid by local government

$...................... [delegated applications only (r. 22)]

Statutory □ 60 days; □ 90 days; □ other

timeframe: 

please specify:

Name of planning officer:

Position and

title:

Contact	Telephone:	Email:
details:

Planning officer’s signature:  Date:

276 GOVERNMENT GAZETTE, WA 25 January 2013

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

Part 1: Development application previously determined

Estimated cost of	$
development:
Description of development:
Lot number:
Street number and  name:
Town/suburb:
Existing use:
Proposed use:
DAP file no. (DoP  reference):
Original DAP  determination date:
Part 2: Applicant details
Applicant’s name:
Applicant’s  address:
Organisation/ Company name [if applicable]:

Applicant’s contact	Telephone:	Email:
details:

Applicant’s 
signature:  Date:

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

Part 3: Owner Declaration

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, local government and Western Australian Planning Commission websites.

Owner’s
name:

25 January 2013 GOVERNMENT GAZETTE, WA 277

Owner’s address:

Owner’s	Email:	Telephone:
contact:
Owner’s  signature:	Date:
OR	□	Letter of consent attached

Part 4: 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 5: Acknowledgment by local government

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

Development	Development Assessment Panel fee that has been paid
Assessment	by the applicant $150 (Sch. 2)
Panel Fee:
Planning	[Name of planning scheme(s) that applies to the land
scheme(s)	described in Part 1]
Name of planning officer:
Position and  title:
Contact	Telephone:  Email:
details:
Planning officer’s signature:	Date:

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.