Mr. Tinley questions the Minister for Planning regarding Development Assessment Panel (DAP) decisions being reviewed by the State Administrative Tribunal (SAT), representation in appeals, and remuneration for DAP members attending SAT proceedings. The Minister provides specific details on cases taken to SAT and relevant regulations.

AnsweredQoN 7568Legislative Assembly
Asked
22 March 2012
Portfolio
Planning

QuestionView source ↗

I refer to the operation of Development Assessment Panels (DAP), and ask:
(a) to date, has any decision made by a DAP been taken to the State Administrative Tribunal (SAT) for review, if yes, will the Minister outline which decisions have, or are, the subject of review;
(b) who represents the DAP in an appeal; and
(c) what provisions exist in the Act or Regulations that provide for the respondent named in (b) to be remunerated for appearing before the SAT?

AnswerView source ↗

Answered
1 May 2012
Responded by
Minister for Planning
Response time
40 days
(a) Yes. As at 12 April 2012, six decisions of various Development Assessment Panels (DAPs) have been taken to the State Administrative Tribunal (SAT) for review. They are:
· Refusal by the Great Southern Joint Development Assessment Panel (JDAP) of an application for 68 Grouped Dwellings at 50 Smith Street, Denmark.
· Various conditions of approval granted by the Metropolitan East JDAP for the expansion of Midland Gate Shopping Centre at Lots 603, 66 and 10 Great Eastern Highway, Midland.
· Refusal by the Metropolitan West JDAP of an application for a four storey commercial building at 125-135 Railway Road, Subiaco.
· A condition of approval granted by the Metropolitan West JDAP for Refurbishment of Perth Oval at 310 Pier Street, Perth.
· Various conditions of approval granted by the Pilbara JDAP for an iron ore handling plant, overland conveyor system, rail loop and train load out facility at BHP's Mineral Lease ML244 SA, Ore Body 24, Newman.
· Various conditions of approval granted by the Metropolitan North West JDAP for redevelopment of the Innaloo Megaplex Centre for mixed commercial and entertainment uses (retaining the existing cinema) at 57 Liege Street, Innaloo.
(b) The State Solicitor's Office represents the DAP in a SAT review.
(c) Regulation 31(3) of the
Planning and Development (Development Assessment Panels) Regulations 2011
provides for fees to be paid to DAP members for attending proceedings at SAT. The fee is $500 for the presiding member and $400 for any other member attending a SAT proceeding. To date, one payment has been made to a presiding member.
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