Who will decide this development application?
The decision-maker for this planning application is the Metropolitan Inner-North Joint Development Assessment Panel (JDAP). JDAP is administered by the Department of Planning to determine planning applications, if the development value is over a certain threshold.
The City will provide a recommendation on the proposal to the JDAP.
What's a Joint Development Assessment Panel?
Development Assessment Panels have independent technical experts and local government elected members who are appointed to determine some development applications.
The panel composition provides a balance between the local knowledge of elected members and the technical expertise of the independent members in determining significant development applications.
DAPs are required to make decisions based on the local planning scheme and associated planning policies.
For more information on Development Assessment Panels, please visit the Department of Planning website, (External link)(External link)email firstname.lastname@example.org or phone (08) 6551 9919.
Shouldn't a development comply with the requirements?
Proposed developments within the City are assessed under the City of Vincent Town Planning Scheme, relevant planning policies or the Residential Design Codes which:
- aims to control and guide development and growth in a responsible manner and
- accommodate and respond to change.
Whilst the Local Planning Scheme and relevant planning policies aim to respond to best practice planning principles, they cannot cater for all development scenarios. For this reason they have been developed with a focus on what they are trying to achieve rather than on how to achieve it. This is more clearly explained in the next section. This approach, which is called a performance based approach, may require the City to exercise some discretion. Where discretion is required the application will be advertised, generally for a minimum of 14 days, in accordance with the City's Stakeholder Engagement Policy.
Following the period of consultation, the City‟s Officers will consider the merits of the application to ensure that the proposal is appropriate and will not have an undue impact on the amenity of the area. All comments or submissions received by the City will be considered when determining any development application/proposal, in the context of the City‟s legal responsibilities, the interests of the affected community and the reasonable expectations and rights of the applicant.
Can I obtain more information about the Proposal?
Yes. Large scale site plans, plans, elevations and other relevant information is available for public viewing at the Administration and Civic Centre, 244 Vincent Street (cnr Loftus Street), Leederville between 8.00am and 5.00pm, Monday to Friday (excluding public holidays) or at the Library and Local History Centre during opening hours.
You may also contact the Senior Urban Planner, whose name appears on the consultation letter.
What should my submission say?
Your submission should clearly state the reasons why you object to, or support the development proposal and should relate directly to the variations proposed by the development to the standards of the Scheme, the Codes or any relevant planning policies as identified in the referral letter. Typical variations that may arise include privacy; overshadowing; height, bulk and scale; streetscape and character; and car parking.
A good submission is:
- Brief and to the point: If your submission needs to be lengthy because of the issues involved or a number of grounds for objection, then it is a good idea to include a single page summary sheet for easy reference.
- Supported by reason and facts: Take the time to gather the facts. Talk to the Planning Officer who is dealing with the application prior to writing your submission and make sure that you understand what is proposed. Base your submission on the facts, not on hearsay. Once you are sure of the facts, prepare your submission based on how the proposal will affect you and the enjoyment of your property.
As the responsible planning authority, the City is not authorised to consider non-planning matters. Therefore, submissions which are based on civil or non-planning matters will not be considered. Examples of such matters include possible impact on property values, vistas or dividing fences.
What if I am satisfied with the proposed development application? Do I have to make a submission?
No. You should judge whether or not the proposal will affect you. This may involve some discussion with the Planning Officer handling the application. If you are satisfied with the proposed development, there is no need to make a submission (however, you may wish to do so). In any case, a Planning Officer will make an assessment of the proposal. This includes matters such as overshadowing, privacy, noise, traffic and building design.
What will happen to my submission?
Your submission, along with others received, will be considered as part of an overall assessment. In some cases the concerns raised in submissions may be forwarded to the applicant for their response (your personal details will not be disclosed). Sometimes this leads to a redesign of the development.
The submissions received form part of the assessment of an application and must be balanced with the City's statutory obligations.
If you make a submission and elect to be kept informed on the Community Consultation Form, we will keep you updated on the progress of the application and we will advise you the date of the JDAP meeting. You are welcome to attend the JDAP meeting and may wish to take the opportunity to address the Panel.
You can also contact the Planning Officer handling the application for information on any changes to the proposed development following on the community consultation process.
Will the applicant or anyone else know that I have made a submission?
The Council has a policy relating to Privacy Management and will not disclose names and other personal information to a third party, without your prior consent. The Council is subject to the Freedom of Information laws and does not publish the names or addresses of those who make submissions. However, in some circumstances the applicant may be advised of the source and issues raised in the submissions to enable them to resolve any problems raised. You will be advised in such cases.
Can a decision be appealed?
Once a decision has been made, the applicant can appeal that decision or any element of the decision to the State Administrative Tribunal (SAT) if they are dissatisfied with the outcome.