Taylor Burrell Barnett

LDAP/JDAP – How Does this Affect Your Projects?

Author

Rachel Chapman
Director

10 May 2021

Since 1st July 2011, certain Development Applications are no longer determined by the Local Government or Western Australian Planning Commission. Instead, your application may be determined by a LDAP or JDAP.

We've developed this brief introduction to LDAP/JDAP to get you started. Understanding the application and assessment process upfront can make all the difference to your project.

What is a DAP?

Development Assessment Panels (DAPs) are an initiative to streamline the planning approvals process in Western Australia. Each DAP comprises a mix of independent technical experts and elected local government representatives with the power to determine applications for development approvals. DAPs can determine approvals in place of the former decision-making authority. There are two different types of DAP:

LDAP – Local Development Assessment Panel – established to service a single, high-growth local government, ie City of Perth LDAP
JDAP – Joint Development Assessment Panel – established to service two or more local governments and currently comprising:

  • Metropolitan Inner South JDAP
  • Metropolitan Inner North JDAP
  • Metropolitan Outer
  • Regional

Cabinet approved the appointment of 15 specialist members to various LDAPs and JDAPs; each comprises 5 members (3 specialist and 2 Local Government members) for a two year term (2020 – 2022).

Is Your Project Affected?

Mandatory – Based on Construction Value and Type of Application

Any Development Application which falls within the class prescribed and has a construction value greater than $10 million (or greater than $20 million in the City of Perth) must be determined by the relevant JDAP or LDAP.

Opt-In

There is also an optional ‘opt in’ for developers in the City of Perth where the construction value is between $2m & $20m and between $2m and $10m for the rest of State. This provides the applicant with the choice to proceed down the DAP pathway or Local Government approval process. We can assist you to understand the pros and cons of each approval pathway depending on your application and project timeframes.

Local Government Delegated Applications

The WAPC and local governments may choose to delegate their decision-making authority for applications which fit the optional ‘opt in’ criteria outlined above. This can be achieved through formal writing, outlining the extent to which the WAPC or local government would like to transfer authority to the DAP.

Excluded Projects

Specific development which is excluded from LDAP or JDAP determination are single houses, less than 10 grouped or multiple dwellings, sheds, outbuildings, carports and shade sails, any development within an improvement scheme or development being undertaken by local government or the WAPC.

How can we help?

Our team have extensive experience with the DAP process from its inception.

In 2020, three TBB team members were appointed by the Minister for Planning to sit on a DAP for a term of two years. Presiding, Deputy Presiding and Specialist Members are appointed from a list of appropriately qualified persons and provide inputs on consistent, accountable and professional decision-making.

  • Rachel Chapman – Metro Inner South JDAP, Deputy Presiding Member
  • Jarrod Ross – City of Perth LDAP, Deputy Presiding Member
  • Karen Hyde – Specialist Member (alternating between DAPs)

We would be happy to discuss the implications of the LDAPs and JDAPs on your projects. Get in touch with Rachel Chapman to learn more.

More Information

Detailed information can be found at the Department of Planning, Lands and Heritage website - Development Assessment Panels

Author

Rachel Chapman
Director

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