Supreme Court dismisses residents’ application.

17 July 2018

ALFRED COVE residents go to the Supreme Court

When residents question due process and rules based on a Council decision or a decision of the DAP, WA Planning Commission or the MRA, their only option is to ask the Supreme Court, costing hundreds of thousands of dollars $$$$.

The residents of Alfred Cove asked the Supreme Court the question of the City of Melville’s decision to advertise its business case for a $25 million project without the name of the lessee for the proposed Wave Park project.  The Council signed off on the lease in April 2017, without addressing this question.

SFPA chairman Clive Ross said the Supreme Court judgement found that Melville Council did not comply with parts of the Local Government Act.

“The City failed to list Urbnsurf as a party and this was acknowledged although it was said that the issue lies with the Local Government Minister,” he said.  However, the case was dismissed because the application was put in late, awarding costs against residents and ratepayers of $65,000!

To read more about this case, click here>>>

Responsible Authority Report (RAR)

If your Council’s Responsible Authority Report does not include a Council Recommendation, ask why?

Page 4 of the RAR template includes a Council Recommendation. Call a Special Council Meeting and include a recommendation in the RAR.

Julie Matheson

A Responsible Authority Report (RAR) contains a two recommendations from a local government.  One from a planning officer and the other from the Council regarding a DAP application valued at $2 million or more.

The Development Assessment Panels (DAP) was introduced to Western Australia on 1 July 2011, for developments worth $3 million or more to replace planning decisions made by elected councillors and planning officers under delegated authority.

DAP values 2011

In 2015 the rules were changed to a lower value of $2 million or more.  The mandatory value threshold increased to $10 million.

Responsible Authority Report (RAR)

Under DAP Regulations 2011, Reg 12 a Responsible Authority must provide a report to the DAP in a form approved by the Director General.  See the latest version here:  Responsible Authority Report (RAR) template – Form 1 (1) 2017

These new DAP regulations referred to the term Responsible Authority but was silent on its meaning.

Many Mayors and elected councillors have been led by…

View original post 776 more words

Councils vote to Abolish the DAP

DAP affected communities are supporting their local councils to move an in principle motion to ABOLISH THE DAP.

Mayor John Carey and Cr Julie Matheson spoke to ABC News about the current DAP system.

So far the following Councils are proposing motions similar to Mayor Carey’s of the City of Vincent:

  1. Vincent – motion passed
  2. Mosman Park – motion passed
  3. Nedlands – motion passed
  4. Cambridge – motion passed
  5. Subiaco – motion passed
  6. Stirling – motion passed
  7. Bayswater – motion passed
  8. South Perth – motion passed
  9. Belmont – motion passed
  10. Cottesloe – motion passed
  11. Claremont – motion passed
  12. Swan – working on it
  13. Peppermint Grove – motion passed
  14. Gosnells – working on it
  15. Kalamunda – working on it
  16. Melville – motion passed
  17. Cockburn – working on it
  18. Kwinana – working on it
  19. Victoria Park – motion passed
  20. Fremantle – working on it
  21. East Fremantle – motion passed
  22. Mundaring – 2009 early adopter of a motion against the DAP
  23. Serpentine-Jarrahdale – motion passed
  24. Shire of Pingelly – motion passed 17 August 2016

If you are a DAP affected community, now is a great opportunity to speak to your elected council members and request your council’s support and vote for the abolition of the current DAP process.

And if you think a change of government will abolish the DAP, think again.  Labor under the leadership of Mark McGowan has just supported City of Perth Bill in collaboration with the current government.

DAP has bi-partisan support.  It’s up to our councils to make a stand on the DAP.