Planning and Development (Development Assessment Panels) Amendment Regulations 2016 (WA)

16 December 2016 GOVERNMENT GAZETTE, WA 5709

P1,302

Planning and Development Act 2005

Planning and Development (Development

Assessment Panels) Amendment

Regulations 2016

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Planning and Development
(Development Assessment Panels) Amendment
Regulations 2016.

2.            Commencement

These regulations come into operation as follows —

(1)	In regulation 3(1) in the definition of specialist member delete "25(1)(b)." and insert:
25(1)(b);

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 February 2017.

3.            Regulations amended

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

4.            Regulation 3 amended

5710 GOVERNMENT GAZETTE, WA 16 December 2016

(2) In regulation 3(1) insert in alphabetical order:

warehouse means a warehouse/storage as defined in
the Planning and Development (Local Planning

Schemes) Regulations 2015 Schedule 1 clause 38.

5. Regulation 4A inserted
At the beginning of Part 2 insert:

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.

6. Regulations 5 and 6 replaced
Delete regulations 5 and 6 and insert:

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.

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

Subject to regulation 4A, a development application is of a class prescribed under section 171 A(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 $2 million or more and less than $10 million;

16 December 2016 GOVERNMENT GAZETTE, WA 5711

(c) development of a warehouse in any district that

has an estimated cost of $2 million or more.

7.            Regulation 12 amended

In regulation 12(3):

(a) in paragraph (a) delete "50 days" and insert:

48 days

(b) in paragraph (b) delete "10 days" and insert:

12 days

(c) in paragraph (c) delete "80 days" and insert:

78 days

8.            Regulation 16 amended

(1)	In regulation 16(1) delete "(2A) and (2B)," and insert:
(2B) and (2C),
(2)	Delete regulation 16(2A).
(3)	After regulation 16(2B) insert:

(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 11 A 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.

9.            Regulation 17 amended

(1)	In regulation 17(5) delete "applicant, the relevant responsible authority and the administrative officer of the DAP" and insert:
applicant and the relevant responsible authority
(2)	Delete regulation 17(7).
Note: The heading to amended regulation 17 is to read:

Amendment or cancellation of development approval by DAP

5712 GOVERNMENT GAZETTE, WA 16 December 2016

10.          Regulation 17A inserted

After regulation 17 insert:

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 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.

11.          Regulation 24 amended

(1) Delete regulation 24(2) and insert:

(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.

16 December 2016 GOVERNMENT GAZETTE, WA 5713

(2) In regulation 24(3) delete "(2)(a)" and insert:

(2)

12. Regulation 25 amended
In regulation 25(1 )(a) delete "as representatives of" and insert:

for

13.         Regulation 26 amended

(1)	Delete regulation 26(2) and insert:
(2) Subject to subregulation (4), the register must include,

for each local government of a district for which a council of the local government.

(2)	Delete regulation 26(4) and insert:
(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 who is an eligible voter of the district of the local government.

(3)	In regulation 26(5) delete "(4)(a)" and insert:
(4)

14. Regulation 29 amended
In regulation 29(2) delete "2 years." and insert:

3 years.

5714 GOVERNMENT GAZETTE, WA 16 December 2016

15.          Regulation 30 amended

Delete regulation 30(2) and insert:

(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.

16. Regulation 31 amended
After regulation 31(3) insert:

(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.

17. (1) In regulation 32(3):  Regulation 32 amended

(a) in paragraph (d) delete "notice." and insert:

notice; or

(b) after paragraph (d) insert:
(e) unreasonable failure to undertake the training

for DAP members referred to in

regulation 30(1).

(2) After regulation 32(5A) insert:

(513) 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.

16 December 2016 GOVERNMENT GAZETTE, WA 5715

18.          Regulation 39 amended

(1) In regulation 39(1) delete "5 days before the meeting—" and

insert:

7 days before the day of the meeting

(2) After regulation 39(1) insert:

(IA) 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 (1 A) 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.

(3) In regulation 39(2) delete "subregulation (1)(b)." and insert:

subregulations (l)(b) and (1A).

19.          Regulation 40 amended

(1)	In regulation 40(2) after "application" insert:
or, unless otherwise directed under subregulation (4), an application under regulation 17
(2)	In regulation 40(4) delete "Unless the presiding member otherwise directs," and insert:
The presiding member may direct that

5716 GOVERNMENT GAZETTE, WA 16 December 2016

20.          Regulation 44 amended

After regulation 44(1) insert:

(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.

21.          Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 - Fees for applications

r. 10 and 171

Item	Application	Fee
A DAP application where the estimated cost of the development is -

(a)	not less than $2 million and less than
$7 million $3 609
(b)	not less than $7 million and less than
$10 million $5 572
(c)	not less than $10 million and less than
$12.5 million $6062
(d)	not less than $12.5 million and less than
$15 million $6235
(e)	not less than $15 million and less than
$17.5 million $6408

(1)	not less than $17.5 million and less than
$20 million $6582
(g)	$20 million or more $6754

2.	An application under r. 17	$155
22.	Schedule 2 replaced Delete Schedule 2 and insert:

Schedule 2 - Fees for DAP members

[r. 30 and 31]

1.         Fee for presiding member per meeting to

determine development applications $700

16 December 2016 GOVERNMENT GAZETTE, WA 5717

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

23.          Schedule 3 replaced

Delete Schedule 3 and insert:

Schedule 3 - Forms

[r.7, 10, 17 and 21]

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)

Apnlication details

To:	[Name of local government and/or Western Australian Planning Commission]
Planning	[Name ofplanning scheme(s) that applies to the
scheme(s):	land described below]
Land:	[Lot number, street name, town/suburb]

5718 GOVERNMENT GAZETTE, WA 16 December 2016

Certificate of Title:	Volume Number:	Folio:
(provide copy)	Location Number:	Plan/Diagram Number:
Details of	[Summary ofproposal]
development application made to responsible authority:

Development use:	[ResidentiaUCommercial/Industrial/RuraUMixed Use/Other]
Estimated cost of	[$]
development (GST  included):

Part A: Acknowledgment by Applicant and Landowner Mandatory	E	I give notice that I understand that this is a
application:	mandatory Development Assessment Panel application (regulation 5)
Optional	o	i give notice that I have elected to have the
application:	development application that accompanies this form determined by a Development Assessment Panel (regulation 6)
Delegated	D	I give notice that I understand that this is an
application:	application of a class delegated to a Development Assessment Panel for determination (regulation 19)

(to be completed and signed by applicant) this application is true and correct. I understand that the information

.pI)IicaI1t details

application, will be made available to the public on the Development	provided in this notice, and attached forming part of the development
Assessment Panel and local government websites.
Name:
Company:
Address:
Contact Email: Telephone:
details:
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.

16 December 2016 GOVERNMENT GAZETTE, WA 5719

Name:

Company (if applicable):

Address:

Contact	Email:	Telephone:
details:

Signature:  Date:

Part B: Acknowledgment by Local Government Responsible	0	Local government
authority:
o	Western Australian Planning Commission

C1 Local government and Western

Dual -

Australian Planning Commission

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

Fees for	[$]
application:	Amount that has been paid by the applicant.
(Schedule 1)	[$] Amount to be paid by local government (delegated
applications only -  regulation 22)
Statutory	0  60 days (advertising not required)
timeframe:  (regulation 12)	0  90 days (advertising required or other scheme provisions)
LG Reference number (if known): Name of planning
officer (report  writer):

Position and

title:

Contact	inafi	Telephone:
details:

Planning Date:

officer's
signature:
Please refer to the Development Assessment Panel's "Guidance
Note: Lodging a DAP Application" for further information.

5720 GOVERNMENT GAZETTE, WA 16 December 2016

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 (D0P reference):
Original DAP determination date:

Part B: Applicant details

Name:

Address:

Company (if
applicable)

Contact details:  Email: Telephone:

Signature:  l)ate:

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

Part C: Landowner details
Name:

Address:

Contact details:  Email: Telephone:

Signature:  Date:

OR D Letter of consent attached

16 December 2016 GOVERNMENT GAZETTE, WA I

I dl I "0 rIllvllulllvUI I vquvivu

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

Please tick one of the following:

D to amend the approval so as to extend the period within which any

development approved must be substantially commenced;

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

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

O to cancel the approval.

Part E: Acknowledgment by local government

(To be comuleted and sianed by a local aovernment nlannina officer

Development	Development Assessment Panel fee that has been
Assessment Panel	paid by the applicant $155 (Schedule 1)
fee:
Planning scheme:	[Name ofplanning 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	Date:

signature:
Please refer to the Development Assessment Panel's "Guidance

Note: Lodging a DAP Application" for further information.

K. H. ANDREWS, Clerk of the Executive Council.