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Local Government Guidance Note:
Processing DAP Applications requiring Region Scheme
Approval
Background
This document outlines local government responsibilities under the Development Assessment Panel
(DAP) Regulations 2011 for processing DAP eligible development applications (DAs) which require
Region Scheme determination and provides the processes to be followed by local government (LG)
staff in receiving and forwarding DAP eligible DA’s to the WAPC.
There is no change to the required procedures currently undertaken by LG for Development
applications (DAs) which are not DAP eligible. These applications are dealt with in the normal
manner, using the current process.
DAPs came into operation on 1 July 2011. DAPs are only decision-making bodies. All ‘WAPC approval’
and ‘dual approval’ DAs will now require determination by the relevant DAP, instead of the LG and/or
WAPC (or under existing Officer delegation). The LG and/or the WAPC will be responsible for assessing
eligible DAP DAs, but the DAP will be responsible for determining all DAP eligible DA’s.
Generally, the WAPC is responsible for determination of development applications on land reserved
under the MRS and has delegated determination powers, with certain exceptions, to LG in respect to
land zoned under the Metropolitan Region Scheme (MRS). Exemptions under Clause 16 of the MRS
are in respect to the use and development of reserved land owned and vested in a public authority
(public works).
In some instances, either WAPC or both WAPC and LG determination is required for certain DAs under
both the relevant region scheme and local planning scheme. These applications are referred to as:
• ‘WAPC approval’ – WAPC assessment required under a region scheme only
• ‘Dual approval’ – WAPC and LG assessment required under both the local planning scheme and
a region scheme (see below for further definitions)
‘WAPC Approval’ and ‘Dual approval’ DAs usually apply to proposed development upon reserved land
under the MRS. It usually involves development which is not exempt from obtaining WAPC approval
and where no delegation is in place for the LG to approve the development under the relevant region
scheme.
‘WAPC approval’ and ‘Dual approval’ DA’s are also common in respect to certain types of development
which are ‘called in’ under Clause 32 of the MRS, Clause 27 of the Greater Bunbury Region Scheme
(GBRS) or Clause 21 of the Peel Region Scheme (PRS) and therefore require WAPC determination.
All applications under the PRS and GBRS are ‘dual approval’ applications. An example is for new major
retail centres or significant expansion to the retail floor space of existing centres. These DAs are ‘called
in’ by the WAPC for determination.
I
This document outlines the process required to be followed by LG staff in respect to ‘WAPC
determination’ and ‘dual approval’ DAP DAs. The process for DAP eligible DA’s in respect to public
works (e.g. Primary Schools) is different and is also explained in this document.
Generally speaking, the process currently followed by LG staff in handling ‘WAPC approval’ and
‘dual approval’ DAs is largely identical for DAP DAs. The main differences between normal ‘WAPC
approval’ and ‘dual approval’ DAs and DAP dual approval DAs is the relevant Local Government is
required to host the DAP meeting to determine the proposal, as the WAPC is no longer determines the
application.
Other main differences are in respect to DAP DA referrals to other agencies, where a 21 day response
period is provided and for WAPC determination DAP DA’s, the LG is given 21 days to provide a
response to the WAPC, in lieu of the normal 42 days.
Process
On Receipt of DAP DA
Before accepting any DAP DA, but particularly those which require ‘WAPC’ or ‘dual WAPC & LG’ Region
Scheme determination, the local government planning officer should carefully check the DAP DA to
ensure it actually requires either ‘WAPC’ or dual ‘WAPC & LG’ Region Scheme approval. If in doubt,
the LG planning officer is to liaise with the relevant DoP planning team Director/Manager. Once it
is conformed via your internal processes, the DAP DA requires approval under the relevant Region
Scheme and/or local planning scheme, the LG is required to tick either the ‘WAPC’ or ‘dual WAPC & LG’
box on the completed DAP Form 1, under Part C (refer example below).
If all required information is not submitted, the LG should not accept the DAP DA and/or receipt DAP
fees paid until it is satisfied all requirements have been provided. The Local Government is to liaise
with the applicant to resolve all application information deficiencies prior to acknowledging the
application by signing and dating Part C of the DAP Form 1. The LG must follow the process outlined
in the DAP Application Guidance Note - Local Government (located under ‘Publications’ in the DAPs
website: http://daps.planning.wa.gov.au
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Forwarding DAP DA to DAP Secretariat
Within 7 days of receipt and acknowledgement of a complete and compliant DAP DA requiring either
‘WAPC’ or ‘dual WAPC & LG’ Region Scheme determination, the LG forwards the DAP DA to the DAP
secretariat via email (daps@planning.wa.gov.au) AND via post.
The DAP secretariat is the ‘central portal’ for the lodgement of ALL DAP DA’s, including DAP DA’s which
require Region Scheme determination. The DAP secretariat forwards the DAP DA to the relevant
Departmental planning team or relevant external government agency (where an existing delegation
is in place for it to determine the DAP DA on behalf of the WAPC).
Note: The DAP secretariat’s role is to administer DAPs and DAP applications on behalf of the Minister.
The Departments role is to assess and provide a recommendation to the DAP on the DA on behalf of
the WAPC. Both roles are independent.
Referral of DAP DA’s requiring ‘WAPC’ Region Scheme determination
If the DAP DA requires WAPC Region Scheme determination only, the LG is required to forward its
comments and recommendations to the WAPC, within 21 days of receipt of the referral letter from the
WAPC, which is less than the normal 42 day response period.
A reduced referral response period is necessary because the WAPC has only 50 days from the date
the DAP DA was received by the local government to prepare the RAR. All region schemes require
the DAP to determine the DAP DA within 60 days from the date the DAP DA was received by the local
government.
The DoP then prepares and submits the ‘responsible authority report (RAR)’ to the DAP secretariat.
The RAR incorporates the comments and recommendations provided by the LG.
‘Dual WAPC & Local Government’ Region Scheme DAP DA determination
If the DAP DA requires ‘dual WAPC & LG’ Region Scheme determination, the LG proceeds to process
the application in the normal manner as required under its planning scheme, including public
advertising of the application (if required) and referral to internal and external departments/agencies.
Local Governments are advised to flag the application as a priority to ensure statutory timeframes
are met, especially the deadline for the preparation and submission of the ‘responsible authority
report (RAR)’. This is because if the DAP does not receive the RAR in time, it is unlikely to determine the
application within the statutory timeframe, being within 60 days (if the application does not require
public advertising), or within 90 days (if the application requires public advertising), from the date the
DAP DA was received and acknowledged by the Local Government (the date on the completed DAP
Form 1, Part C).
The DoP also prepares and submits the ‘responsible authority report (RAR)’ to the DAP secretariat,
however is required to submit the RAR to the DAP secretariat within 50 days.
The DAP secretariat will send a letter 21 days before the RAR is due reminding both the local
government and the DoP of the timeframe for submission of the RAR, which includes all report
attachments, referral advice, summary of submissions (if advertised) and the final plans, which is to
be all contained within one single pdf file which is emailed to the DAP secretariat (daps@planning.
wa.gov.au)
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DAP DA’s Affected by WAPC Delegation of Determination
If the DAP DA is subject to WAPC delegation to another government agency, such as the Department
of Treasury (Building Management & Works) for primary school development proposals, the
responsible agency delegated to determine the application is required to prepare the ‘responsible
authority report’ and will refer the DAP DA to the local government for advice and recommendation.
Extension of Time to Prepare Responsible
Authority Report (RAR)
The presiding DAP member may, with the applicant’s written consent, grant an extension of time for
the LG and/or the DoP to prepare its RAR for the DAP application.
If the RAR will not be prepared in time by either the local government and the DoP (for dual WAPC
& LG Region Scheme DAP DA’s only), enquiries should be made to the DoP first to determine if their
report will be prepared in time, and then to the applicant to determine if they will agree to extend the
deadline by which the RAR is to be provided to the DAP secretariat.
If the applicant is agreeable to extending the deadline for determination and is prepared to provide
written approval, the LG may request the DAP to extend the time within which to submit their report
to the DAP.
Extension of time process
The responsible assessing planner must complete the ‘Extension of time request’ letter template on
the DAP’s website, attach the applicant’s written approval to the extension of time, and email both to
the DAP Secretariat: daps@planning.wa.gov.au
The extension of time request must include reasons for the delay and must provide the date that the
LG will forward its Responsible Authority Report to the DAP Secretariat.
The DAP Secretariat will refer the request, together with the applicant’s written approval, to the DAP
Presiding Member for determination.
The LG will be advised of the outcome of the extension of time request by the DAP secretariat.
Regulation 13 Direction for Further Information
On receipt of the Responsible Authority Report and attachments from the LG and DoP (for dual region
scheme DAP DA determinations) or DoP (for WAPC region scheme DAP DA determinations), the DAP
Secretariat will distribute the report(s) and attachments to DAP members.
If, following a review of the report and attachments, a DAP member requires further information or
advice or an alternate recommendation to that contained in the RAR prepared by either the LG or DoP,
the DAP Presiding member, through the DAP Secretariat, will issue a written direction to the LG and/or
DoP requiring it to provide further information and or advice.
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The Direction (Request for Further Information letter) will specify the information, technical advice or
assistance required by the DAP and the timeframe/date by which the local government and/or DoP
must respond. This request will also be sent to the applicant and the DAP members.
If either the LG or DoP receives a DAP direction for further information, the request must be
prioritised to ensure compliance with the specified timeframe. The timeframe is usually 48 hours
or as otherwise specified in the Direction. The direction does not affect the statutory timeframe to
determine the DAP DA under the relevant Region Scheme. Therefore, the direction does not stop the
60 day determination ‘deemed refused’ timeframe.
Note: If the responsible authority report recommends refusal of the DAP application, the DAP is
not obliged to adopt the recommendation. The DAP may request, by way of a regulation 13(1)
direction, further technical advice or information on what conditions of development should be
applied in the event the application is not refused (i.e. were they to approve the application despite
the recommendation that it be refused). If a refusal recommendation is proposed, a draft approval
recommendation and conditions should be prepared in advance to assist the LG and/or DoP to
comply with such a direction in a timely manner.
DAP Meeting Attendance & Determinations
Once the ‘responsible authority report’ is received by the DAP secretariat, it confirms the DAP meeting
with the LG host and liaises to ensure the LG is providing the venue, catering and minute-taker.
A site visit may be required, if determined appropriate by the DAP presiding member. LG and/or DoP
officers who prepared and/or authorised the ‘responsible authority report’ will be invited to attend to
attend the site visit and DAP meeting.
Once the DAP has made a decision on the DAP DA, a determination notice and the stamped plans will
be sent to the applicant, the WAPC, the LG (for dual WAPC & LG DAP DA region scheme determinations
only) or the relevant government agency (in the case of WAPC delegated applications).
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