8 Planning Approval (DA) Flashcards
Do you need to speak with the authorities prior to lodging DA?
For larger projects, advisable to meet with council prior to lodgement to discuss proposal
Any glaring issues will be raised and can be dealt with prior to submission - and may avoid long delays in approval process
What requires a Development Application? What does not?
Needed for construction of new buildings, extensions, change of use or conducting business from home
Single residential developments complying with R-Codes do not require planning approval
What are the requirements for a DA submission?
Application form signed by owners of land
Drawings (site plan, floor plan, elevations, maybe perspective)
Covering letter to explain any departures from normal requirements
Certificate of Title
Fees (Council & DAP, if required)
Refer checklists on council websites for exact requirements
Additional information may be requested during assessment
What are Development Assessment Panels (DAPs) and when do they apply?
Application assessed by DAP if project over $7m ($15m in city of perth), but can opt-in if $3-7m ($10-15m in perth)
May decide to opt-in to avoid “political element” of councils when applying for controversial development
Council writes report for DAP application, DAP will generally follow recommendation.
What is the Metropolitan Redevelopment Authority (MRA)?
Applies to East Perth, Subiaco, Armadale and Midland
Applications in these areas are assessed by MRA, not councils or DAPs
Overrides local planning scheme
What is considered in the assessment of DA applications?
DAP/Council determines whether application complies with:
Councils Town Planning Scheme
Residential Design Codes of WA (if applicable)
Any relevant policy strategy or plan
Municipal Heritage Inventory
May be referred to council’s engineers, design advisory consultants and state govt agencies as required
May also require neighbour consultation
By what process is the DA application determined?
Determined by Planning Officer (delegated authority) or determined st monthly council meeting
Turnaround: 60 days normally, 90 if neighbour consultation req’d
If referred to council meeting, will receive letter informing of date of meeting and other relevant information
Applications are either approved with conditions or refused
Conditions may be authority requirements (western power, water corp)
Precedent or economic factors do not count as “valid planning considerations” - I.e, cannot argue on their own, but may be included in with other arguments when arguing determination
What is the DA Appeals process?
If decision made by delegated officer originally, can choose to have Council review decision/conditions of approval
If decision made by council, can apply to the State Administrative Tribunal… And can appeal that decision in Supreme Court
