Development Assessment Panel (DAP)

Each Panel comprises five members; three specialist members, one of which is the presiding member, and two local members (Elected Members), nominated by the local government.

At a meeting of a DAP, a quorum is constituted by three members of the DAP, including the Presiding Member.

Alternate Members

There are alternate (deputy) members for both local members and specialist members. Alternate (deputy) members are used when an issue of quorum arises or when a DAP member is unable to act because of illness, absence, or other causes. Deputy local members cannot sit in the place of specialist members, just as deputy specialist members cannot sit in the place of local members.

All DAP members are appointed by the Minister for Planning.

• has an estimated cost of $2 million or more; or
• is or includes community housing that is to be provided by a registered community housing provider.

Irrespective of the construction values specified above, the following types of applications cannot be referred to the DAP for determination:

A single house and any associated carport, patio, outbuilding and incidental development.

Developments being undertaken by a local government or the Western Australian Planning Commission.

Development applications requiring DAP determination are lodged with the City of Stirling. The City then notifies the DAP that a development application has been received and will undertake an assessment in accordance with the relevant planning legislation.

The assessment may include advertising of the application if required by the City’s Local Planning Policy 6.18 – Public Consultation. This policy can be found here.

After the City has finalised its assessment of the application, the City’s Planning Officers will prepare a report known as a Responsible Authority Report (RAR), including a recommendation on how the application should be determined.

A RAR contains a detailed planning assessment of a proposal against the City’s planning framework including the City of Stirling Local Planning Scheme No.3, applicable Structure Plans, Local Development Plans and Local Planning Polices.

DAP applications may propose variations to the deemed-to-comply requirements or provisions of either the R-Codes or other applicable planning documents. In these cases, the DAP is required to make a discretionary decision about whether the proposal meets the broader performance-based design principles or objectives of the planning framework.

When the DAP must make a discretionary decision, the City’s RAR will include a detailed design principle and/or objective based assessment for consideration. For example, if an application proposes a variation to policy provisions for building height, the report will comment on whether the design meets performance criteria including impact on the streetscape and amenity of any adjoining residents.

A RAR also includes referral comments from internal and external parties such as the City’s Engineering and Parks and Sustainability Teams as well as external agencies such as Main Roads Western Australia.

The above assessment enables City Planning Officers to include a recommendation to DAP within the RAR on whether the application should be approved, refused, or deferred for the applicant to provide further information.

Yes. Council can review the City’s RAR prior to consideration by the DAP. Council can resolve to support the Planning Officer’s recommendation or alternatively provide a different recommendation.

Where Council’s resolution is different to the Officer’s original recommendation both are contained in the RAR that is sent to the DAP for determination. However, it is the Council’s recommendation that will act as the primary recommendation to DAP.

For example, if the City’s Planning Officer prepares an RAR recommending the application be refused, and Council resolve to recommend approval, then the RAR presented to the DAP will be for a recommendation of approval.

No. The content of the Report is not able to be altered but Council’s resolution forms part of the RAR that is sent to the DAP.

As stated in the DAP publication Making Good Planning Decisions at clause 5.3.2 (p66):

"It is improper for Councillors of a local government to influence the planning officer’s professional opinion on the assessment of the application in any way. If the local government also wishes to make a statement regarding an application before a DAP, it may do so by making a submission.”

The DAP Standing Orders 2024 also outline the role of City Officers at a DAP meeting:

"The DAP Secretariat is to invite the responsible authority officer who prepared the report for a development application to attend, or to send a representative to, a DAP meeting at which the application is to be determined. Therefore, it is likely that the author of the report or responsible authority representative will attend the DAP meeting and be required to explain the … report, including if any comments or additions are included by Council”.

The DAP is required to consider both the Planning Officer’s recommendation (based on their professional report) and Council’s resolution when considering and determining a DAP application.

Ultimately, the DAP is the decision maker and will consider all the information provided and decide to approve, refuse, or defer the application.

Yes. The City will give written notice of the scheduled meeting (via email or post) to community members who had provided written submissions during any formal advertising period for a DAP application.

DAP meetings are open to the public and any interested person can attend. Community members are also able to make a deputation at the DAP meeting if they notify the DAP Secretariat at least three days prior to the meeting. Further information about how DAP meetings operate and how to make a deputation is available on the DAP website here.

Yes. For example, the Presiding Member may request the City draft an alternate recommendation for consideration at the meeting (known as a Regulation 13 request), including either conditions of approval or reasons for refusal.

The City is required to comply with these requests in accordance with the provisions of the Planning and Development (Development Assessment Panels) Regulations.

The local government is responsible for administering any conditions of approval on a conditional approval given by a DAP.