❓ Question regarding the decision-making processes of Development Assessment Panels (DAPs) in WA. The Minister defends DAPs, highlighting their economic benefits, adherence to local planning schemes, and support from industry bodies.
AnsweredQoN 127Legislative Assembly
QuestionView source ↗
PLANNING — DEVELOPMENT ASSESSMENT PANELS
127. Ms E. EVANGEL to the Minister for
Planning:
There has recently been —
Several members interjected.
The
SPEAKER : That question is over! Start again please, member.
Ms
E. EVANGEL : There has recently been interest in the operation of
development assessment panels. Could the minister please advise the house how
DAPs make decisions?
127. Ms E. EVANGEL to the Minister for
Planning:
There has recently been —
Several members interjected.
The
SPEAKER : That question is over! Start again please, member.
Ms
E. EVANGEL : There has recently been interest in the operation of
development assessment panels. Could the minister please advise the house how
DAPs make decisions?
AnswerView source ↗
I thank the member for the question.
There has been some commentary on the role of development assessment panels in
recent times. Much of that commentary has, in fact, been misinformed,
disingenuous or misleading.
Ms
R. Saffioti interjected.
The
SPEAKER : Member for West Swan, I call you to order for the first time.
Mr
J.H.D. DAY : DAPs were introduced in 2011. They have been one of the
substantial reforms of the planning system in recent years. They were
established as the result of legislation that we passed in 2011, I am pleased
to say, with bipartisan support. We have now received more than 1 000
applications to DAPs and the total value of projects that have been considered
through the DAP process is over $30 billion.
DAPs were established following the
development assessment forum, which was a national body to establish a leading
practice model for development assessment. That followed a major review of
business regulation in the late 1990s that, amongst other things, was intended
to reduce red tape, encourage investment and economic development and,
therefore, of course, job creation. DAPs were introduced in Western Australia
and, since they were implemented, they have been subject to two separate
reviews. One was undertaken by the Department of Planning and the other by the
Standing Committee on Uniform Legislation and Statutes Review. Both of those
reviews involved extensive stakeholder and public consultation. I am pleased to
say that both of the reviews supported the essence of the DAP system, and only
relatively minor recommendations for change were made.
The volume of development that I have mentioned—$30
billion—indicates the economic benefits to the state, including
providing much-needed construction jobs and more diverse housing options for
our growing population and changing demographics. It is important to realise
that DAPs—exactly the same as local governments are meant to—make
decisions according to the relevant local planning scheme. I say that local
governments are meant to because some do, but some do not necessarily operate
in that way, which is one of the reasons that DAPs were established. The local
government planning scheme is critical in determining what is going to be
approved, whether it be by the council or by a DAP within its local area. Of
the approximately 1 000 applications so far, only a small number have been
contentious; the vast majority progress without any significant issues. Claims
are often made that expert DAP members ignore local government requirements and
concerns. That is not the case and, in fact, I understand that analysis by the Western
Australian Local Government Association found that only six per cent of DAP
decisions were significantly different from the recommendations in the local
government report.
I was interested to receive some
comments from the Australian Institute of Architects on this issue. Amongst
other things, the state president, Philip Griffiths, states —
At the outset we believe that DAPs
have worked well since their inception in 2011 and that it is inherently better
that major developments are decided after professional consideration, rather
than sometimes short sighted activism and very localised politics. Indeed the
beauty of DAPs is the high degree of objectivity applied to making
determinations, when necessary, that are in the long term economic and social
interest.
Joe Lenzo, the executive director of
the Property Council in Western Australia, commented —
''Independent � DAPS have
transformed the development process in WA by introducing unbiased and expert
assessment of development applications,'' �
Both organisations make the
observation that DAP decisions are required to be made in accordance with the
relevant local planning scheme, and that is what councils need to focus on if
they do not like the outcomes.
It is also important to recognise
that DAPs do sometimes support the local government's recommendations
to refuse applications. There have been two recent examples of that: the
proposed McDonald's development in Applecross was decided for refusal
by the DAP. That was overturned in the State Administrative Tribunal. The
landfill site in the Shire of York was also determined —
Mr
B.S. Wyatt : Of the 1 000, how many were refused?
Mr
J.H.D. DAY : Most developments are decided—as I said, at least
around 94 per cent—in accordance with the local government planning
recommendations. So of the 1 000 applications, only a relatively small number
are refused, whether it be on a recommendation from local government or the
decision of the DAP. Similarly, the landfill site in the Shire of York was
changed as a result of the SAT process, which has been in existence for
decades.
The
SPEAKER : Can you wind it up, please.
Mr
J.H.D. DAY : Certainly, Mr Speaker. It is also important to realise that
DAPs sometimes refuse applications that are recommended for support by the
local government planning report. One example of that is in King William
Street, Bayswater, where recently the local government report recommended
approval, but it was refused by the DAP because it did not think the design
aspects were adequate. The project went to SAT, and through mediation an
improved design outcome was agreed, which was then ultimately approved. The DAP
process actually resulted in an improvement in the outcome, compared with what
was recommended by the City of Bayswater planning report. I was interested to
receive a quite emotive —
Several members interjected.
The
SPEAKER : Thank you, members.
Mr
J.H.D. DAY : I think the opposition —
Several members interjected.
The
SPEAKER : Thank you. Minister, you have 30 seconds to wind up.
Mr
J.H.D. DAY : I was interested to receive a very emotive letter from the
mayor of the City of Bayswater. I think that he needs to understand the full
story. I also note that the mayor of the City of Vincent has recently called
for the abolition of DAPs.
Several members interjected.
The
SPEAKER : Members!
Mr
J.H.D. DAY : The mayor of —
Mr B.S. Wyatt interjected.
The
SPEAKER : I do not want to hear from you again, member for Victoria Park.
Wind up, please.
Mr
J.H.D. DAY : I am almost finished, Mr Speaker. It is interesting that the City
of Vincent has not raised any concerns about DAPs with me. It has not put in a submission
in the reviews —
Several members interjected.
The
SPEAKER : Member for West Swan, I call you to order for the second time.
Mr
J.H.D. DAY : The City of Vincent did not put in a submission in the reviews
that are being undertaken and almost all the applications that have been
decided by the DAP in the City of Vincent have been in accordance with the
local government planning report. I think there is a bit of political
opportunism going on on the part of some, Mr Speaker.
There has been some commentary on the role of development assessment panels in
recent times. Much of that commentary has, in fact, been misinformed,
disingenuous or misleading.
Ms
R. Saffioti interjected.
The
SPEAKER : Member for West Swan, I call you to order for the first time.
Mr
J.H.D. DAY : DAPs were introduced in 2011. They have been one of the
substantial reforms of the planning system in recent years. They were
established as the result of legislation that we passed in 2011, I am pleased
to say, with bipartisan support. We have now received more than 1 000
applications to DAPs and the total value of projects that have been considered
through the DAP process is over $30 billion.
DAPs were established following the
development assessment forum, which was a national body to establish a leading
practice model for development assessment. That followed a major review of
business regulation in the late 1990s that, amongst other things, was intended
to reduce red tape, encourage investment and economic development and,
therefore, of course, job creation. DAPs were introduced in Western Australia
and, since they were implemented, they have been subject to two separate
reviews. One was undertaken by the Department of Planning and the other by the
Standing Committee on Uniform Legislation and Statutes Review. Both of those
reviews involved extensive stakeholder and public consultation. I am pleased to
say that both of the reviews supported the essence of the DAP system, and only
relatively minor recommendations for change were made.
The volume of development that I have mentioned—$30
billion—indicates the economic benefits to the state, including
providing much-needed construction jobs and more diverse housing options for
our growing population and changing demographics. It is important to realise
that DAPs—exactly the same as local governments are meant to—make
decisions according to the relevant local planning scheme. I say that local
governments are meant to because some do, but some do not necessarily operate
in that way, which is one of the reasons that DAPs were established. The local
government planning scheme is critical in determining what is going to be
approved, whether it be by the council or by a DAP within its local area. Of
the approximately 1 000 applications so far, only a small number have been
contentious; the vast majority progress without any significant issues. Claims
are often made that expert DAP members ignore local government requirements and
concerns. That is not the case and, in fact, I understand that analysis by the Western
Australian Local Government Association found that only six per cent of DAP
decisions were significantly different from the recommendations in the local
government report.
I was interested to receive some
comments from the Australian Institute of Architects on this issue. Amongst
other things, the state president, Philip Griffiths, states —
At the outset we believe that DAPs
have worked well since their inception in 2011 and that it is inherently better
that major developments are decided after professional consideration, rather
than sometimes short sighted activism and very localised politics. Indeed the
beauty of DAPs is the high degree of objectivity applied to making
determinations, when necessary, that are in the long term economic and social
interest.
Joe Lenzo, the executive director of
the Property Council in Western Australia, commented —
''Independent � DAPS have
transformed the development process in WA by introducing unbiased and expert
assessment of development applications,'' �
Both organisations make the
observation that DAP decisions are required to be made in accordance with the
relevant local planning scheme, and that is what councils need to focus on if
they do not like the outcomes.
It is also important to recognise
that DAPs do sometimes support the local government's recommendations
to refuse applications. There have been two recent examples of that: the
proposed McDonald's development in Applecross was decided for refusal
by the DAP. That was overturned in the State Administrative Tribunal. The
landfill site in the Shire of York was also determined —
Mr
B.S. Wyatt : Of the 1 000, how many were refused?
Mr
J.H.D. DAY : Most developments are decided—as I said, at least
around 94 per cent—in accordance with the local government planning
recommendations. So of the 1 000 applications, only a relatively small number
are refused, whether it be on a recommendation from local government or the
decision of the DAP. Similarly, the landfill site in the Shire of York was
changed as a result of the SAT process, which has been in existence for
decades.
The
SPEAKER : Can you wind it up, please.
Mr
J.H.D. DAY : Certainly, Mr Speaker. It is also important to realise that
DAPs sometimes refuse applications that are recommended for support by the
local government planning report. One example of that is in King William
Street, Bayswater, where recently the local government report recommended
approval, but it was refused by the DAP because it did not think the design
aspects were adequate. The project went to SAT, and through mediation an
improved design outcome was agreed, which was then ultimately approved. The DAP
process actually resulted in an improvement in the outcome, compared with what
was recommended by the City of Bayswater planning report. I was interested to
receive a quite emotive —
Several members interjected.
The
SPEAKER : Thank you, members.
Mr
J.H.D. DAY : I think the opposition —
Several members interjected.
The
SPEAKER : Thank you. Minister, you have 30 seconds to wind up.
Mr
J.H.D. DAY : I was interested to receive a very emotive letter from the
mayor of the City of Bayswater. I think that he needs to understand the full
story. I also note that the mayor of the City of Vincent has recently called
for the abolition of DAPs.
Several members interjected.
The
SPEAKER : Members!
Mr
J.H.D. DAY : The mayor of —
Mr B.S. Wyatt interjected.
The
SPEAKER : I do not want to hear from you again, member for Victoria Park.
Wind up, please.
Mr
J.H.D. DAY : I am almost finished, Mr Speaker. It is interesting that the City
of Vincent has not raised any concerns about DAPs with me. It has not put in a submission
in the reviews —
Several members interjected.
The
SPEAKER : Member for West Swan, I call you to order for the second time.
Mr
J.H.D. DAY : The City of Vincent did not put in a submission in the reviews
that are being undertaken and almost all the applications that have been
decided by the DAP in the City of Vincent have been in accordance with the
local government planning report. I think there is a bit of political
opportunism going on on the part of some, Mr Speaker.
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