DAP OVERRIDES NEDLANDS

The Post Newspaper is the only paper that reports on the impact and community concerns when the DAP overrides local concerns.

Since the Minister for Planning approved her own version Local Planning Scheme 3 for the City of Nedlands, the developers have taken their opportunities to force infill where it’s not wanted.

Community concerns are ignored by the DAP and this is sadly just another example.

Revised plans for a seven-storey tower of 28 mostly short-stay apartments at 135 Broadway were approved by the DAP on April 3 despite the strong objections of neighbours. “To build selfishly like this, only to advance the developer, is kind of stealing.”

 

20200411DAPoverridesNedlands

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Minister creates uncertainty

The Minister for Planning Rita Saffioti is using the COVID-19 State of Emergency to change planning rules to avoid community consultation on development applications.

The community will not be consulted if an approved development application requires a two-year extension to commence development.  The Minister is offering an automatic blanket two-year extension without community consultation. Ref Business News, 9 April 2020

2020 Two year extensions approved by minister

Local governments are encouraged by the Minister for Planning to fast track and approve “non-controversial developments” to avoid public scrutiny but provides no definition on what those developments are.  Ref Minister’s letter to WALGA President, 25 March 2020

These changes to planning rules may appear innocuous but the Minister has form in ignoring community consultation and approving local planning schemes and a high-rise development ignoring the controversial impacts on communities. Ref Subiaco and Nedlands‘ Local Planning Scheme changed by Minister for Planning, April and December 2019.  Civic Heart 39 storeys approved by Minster for Planning, 7 February 2020

2020 Civic Heart approved by minister

The Minister for Planning can’t be trusted to act in the interests of the community.  These changes to planning rules should be vigorously challenged by the community and elected members of local government.

The role of Mayors, Presidents and Councillors is to represent the electors of their districts (s. 2.10 of the Act), not the Minister for Planning or the WA Planning Commission.  Elected members have a duty of care to their electors, especially the most vulnerable during this COVID-19 State of Emergency.

Please write to your elected members of local government and remind them of their obligations during this time of uncertainty.

All development applications should be in the public domain and listed on the local government website and in print in a local community newspaper so that the community can be consulted and decide if a development application is controversial.

 

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…

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