Design Review Panel and Development Assessment Panel (DAP)

Design quality is important to the City of Stirling and allows solutions to be collaborative, gaining expert independent advice on the design quality of significant and complex development application proposals and strategic instruments.

Integrating design review into the planning system is a key component of the implementation and operation of State Planning Policy 7.0 – Design of the Built Environment.

The Design Review Panel will:

• Attend regularly scheduled meetings at the City of Stirling Administration Centre, or via videoconference link if required.
• Provide independent expert design advice on various development proposals and strategic instruments against the 10 Design Principles within State Planning Policy 7.0 – Design of the Built Environment.
• Provide, through the Chairperson, independent, impartial, expert advice on design quality which will be presented to proponents, decision-makers and the community in a formal written report and recommendation against the 10 Design Principles of State Planning Policy 7.0 – Design of the Built Environment.
• The roles and responsibilities of the Chairperson and the Panel members are outlined in the City of Stirling Design Review Panel Terms of Reference.

The appointed panel of 15 members, with a minimum of 3 for any such meeting will be in place for a 2-year term. Panel members are paid for attendance per meeting attended.

Suitably qualified professionals with demonstrated expertise in the following field/s:

• Architecture
• Heritage
• Landscape Architecture
• Planning
• Sustainability and Environmental Design
• Urban Design.

The following matters may be referred to the Panel:

• Development Applications valued at $2 million and over excluding:
  • Single House applications
  • Grouped Dwelling applications
  • Warehouse applications.
  • Where located within the Industry Zone unless referred to the Panel by the Manager Development Services
  • Where located within the Service Station Zone unless referred to the Panel by the Manager Development Services
• Multiple Dwelling Applications equal to or greater than 10 dwellings
• Local Development Plans
• Structure Plans
• Activity Centre Plans
• Any proposed relevant Local Planning Scheme amendment or Local Planning Policy (including design guidelines) where referred by the Director Planning and Development
• Any proposed Development Application which requires the exercise of judgement where referred by the Manager Development Services
• Any City Project where referred by a member of the City’s Executive Team.

Early engagement with the Design Review Panel process is encouraged. This engagement, and any subsequent feedback, will be provided by relevant City officers to an applicant within 10 working days following the Design Review Panel meeting. Amendments by applicants in response to feedback provided may be further reviewed by the Design Review Panel in light of the initial issues raised.

For formal applications, the Design Review Panel’s views and recommendations will be provided to the applicant and outlined in a formal report prepared by the City, such as a Council Report or Development Assessment Panel (DAP) Responsible Authority Report. The Panel meeting notes will also be provided for consideration by the decision maker.

Lodgement of a Development Application

The City will present your application to the Design Review Panel for consideration following lodgement of a development application or pre development advice request. Your application must meet the following thresholds;

• Development Applications valued at $2 million and over excluding:
  • Single House applications
  • Grouped Dwelling applications
  • Warehouse applications
  • Developments located within the Industry Zone unless referred to the panel by the Manager Development Services
  • Developments located within the Service Station Zone unless referred to the panel by the Manager Development Services.
• Multiple Dwelling Applications equal to or greater than 10 dwellings
• Any proposed Development Application which has been referred by the Manager Development Services.

Development Applications can be lodged via the City’s website from the lodge an application page.  Alternatively you can lodge via post to Development Services, 25 Cedric Street Stirling WA 6021 or in person at the City’s Administration Centre. A Pre Development Application can be lodged on the City’s website from the Planning Pre-lodgement advice page.

The following information is to be provided when seeking the Design Review Panel’s comments following lodgement of a development application:

1. Site Context Analysis & Design Response
2. Full set of plans/drawings provided in PDF format and drawn to appropriate scale
3. Colour Perspectives of proposed development
4. Assessment against SPP 7.0 Design Principles
5. Assessment against City’s Planning Framework.

Following receipt of a pre-lodgement advice request to attend a Design Review Panel meeting and submission of the above information, City Officers will advise the applicant of the meeting date and attendance time.

The City’s Design Review Panel is a free service for the first meeting. Each subsequent meeting incurs a cost of $1,250 to a proponent.

Design Review Panel meetings are not open to the public and can only be attended by applicants only. The meeting will also be attended by City Officers and Design Review Panel members.

The Design Review Panel Chairperson will conduct the meeting in accordance with the meeting format outlined below. The recommended meeting duration for an item is 50 minutes, including a briefing. A longer duration can be allowed for complex projects. The format for discussion of individual items includes:

1. Panel briefing and pre-review Panel discussion - 15 minutes
2. Welcome and Introductions - 5 minutes
3. Proponent presentation - 10 minutes
4. Panel questions and clarifications - 5 minutes
5. Panel discussion - 10 minutes
6. Confirmation of advice/recommendations - 5 minutes.

The Design Review Panel will produce a recommendation report on the development proposal and will be compiled in the following way:

• Compiled as a draft during the meeting, using the template provided electronically with projection, to enable the intent of recommendations to be generally agreed upon at the meeting.
• Record conflicts of interest of Design Review Panel members.
• Record key issues and Design Review Panel recommendation
• The Design Review Panel report will be referred to the Chairperson for final review and ratification
• The ratified Design Review Panel report will be provided to the Proponent within 10 working days of the meeting.

In accordance with the Terms of Reference endorsed by Council at its Ordinary Meeting held 9 May 2023, Design Review Panel Items relating to preliminary proposals (not including plans) and development applications (including plans) will be summarised and provided on the City’s website. Should a development application be presented to the Design Review Panel for comment on more than one occasion, the plans and Design Review Panel summary for each Design Review Panel discussion will be provided on the City’s website.

Every proponent will be provided a copy of the Design Review Panel minutes to assist in the development of the design right through from the preliminary proposal process and development application.

Minutes from formal referrals will be published via the relevant reporting process (Council Reports or DAP Reports). Minutes in respect of pre-application matters will not be made available.

For development applications, the panel recommendations should also include one or a combination of the following statements:

The design is supported The design is supported and is of sufficiently high quality to meet the relevant provisions of a particular planning instrument The design is supported subject to the following conditions The design is not supported giving clear reasons.

Each Panel comprises five members; three specialist members, one of which is the presiding member, and two local members (Elected Members), nominated by the local government.

At a meeting of a DAP, a quorum is constituted by three members of the DAP, including the Presiding Member.

Alternate Members

There are alternate (deputy) members for both local members and specialist members. Alternate (deputy) members are used when an issue of quorum arises or when a DAP member is unable to act because of illness, absence, or other causes. Deputy local members cannot sit in the place of specialist members, just as deputy specialist members cannot sit in the place of local members

All DAP members are appointed by the Minister for Planning.

• has an estimated cost of $2 million or more; or
• is or includes community housing that is to be provided by a registered community housing provider.

Irrespective of the construction values specified above, the following types of applications cannot be referred to the DAP for determination:

A single house and any associated carport, patio, outbuilding and incidental development.

Developments being undertaken by a local government or the Western Australian Planning Commission.

Development applications requiring DAP determination are lodged with the City of Stirling. The City then notifies the DAP that a development application has been received and will undertake an assessment in accordance with the relevant planning legislation.

The assessment may include advertising of the application if required by the City’s Local Planning Policy 6.18 – Public Consultation. This policy can be found here.

After the City has finalised its assessment of the application, the City’s Planning Officers will prepare a report known as a Responsible Authority Report (RAR), including a recommendation on how the application should be determined.

A RAR contains a detailed planning assessment of a proposal against the City’s planning framework including the City of Stirling Local Planning Scheme No.3, applicable Structure Plans, Local Development Plans and Local Planning Polices.

DAP applications may propose variations to the deemed-to-comply requirements or provisions of either the R-Codes or other applicable planning documents. In these cases, the DAP is required to make a discretionary decision about whether the proposal meets the broader performance-based design principles or objectives of the planning framework.

When the DAP must make a discretionary decision, the City’s RAR will include a detailed design principle and/or objective based assessment for consideration. For example, if an application proposes a variation to policy provisions for building height, the report will comment on whether the design meets performance criteria including impact on the streetscape and amenity of any adjoining residents.

A RAR also includes referral comments from internal and external parties such as the City’s Engineering and Parks and Sustainability Teams as well as external agencies such as Main Roads Western Australia.

The above assessment enables City Planning Officers to include a recommendation to DAP within the RAR on whether the application should be approved, refused, or deferred for the applicant to provide further information.

Yes. Council can review the City’s RAR prior to consideration by the DAP. Council can resolve to support the Planning Officer’s recommendation or alternatively provide a different recommendation.

Where Council’s resolution is different to the Officer’s original recommendation both are contained in the RAR that is sent to the DAP for determination. However, it is the Council’s recommendation that will act as the primary recommendation to DAP.

For example, if the City’s Planning Officer prepares an RAR recommending the application be refused, and Council resolve to recommend approval, then the RAR presented to the DAP will be for a recommendation of approval.

No. The content of the Report is not able to be altered but Council’s resolution forms part of the RAR that is sent to the DAP.

As stated in the DAP publication Making Good Planning Decisions at clause 5.3.2 (p66):

"It is improper for Councillors of a local government to influence the planning officer’s professional opinion on the assessment of the application in any way. If the local government also wishes to make a statement regarding an application before a DAP, it may do so by making a submission.”

The DAP Standing Orders 2024 also outline the role of City Officers at a DAP meeting:

"The DAP Secretariat is to invite the responsible authority officer who prepared the report for a development application to attend, or to send a representative to, a DAP meeting at which the application is to be determined. Therefore, it is likely that the author of the report or responsible authority representative will attend the DAP meeting and be required to explain the … report, including if any comments or additions are included by Council”.

The DAP is required to consider both the Planning Officer’s recommendation (based on their professional report) and Council’s resolution when considering and determining a DAP application.

Ultimately, the DAP is the decision maker and will consider all the information provided and decide to approve, refuse, or defer the application.

No. The DAP practices notes outline that it is not appropriate for City Officers to speak at the DAP meeting in support of a Council recommendation, where it differs from their recommendation.

Yes. The City will give written notice of the scheduled meeting (via email or post) to community members who had provided written submissions during any formal advertising period for a DAP application.

DAP meetings are open to the public and any interested person can attend. Community members are also able to make a deputation at the DAP meeting if they notify the DAP Secretariat at least three days prior to the meeting. Further information about how DAP meetings operate and how to make a deputation is available on the DAP website here.

Yes. For example, the Presiding Member may request the City draft an alternate recommendation for consideration at the meeting (known as a Regulation 13 request), including either conditions of approval or reasons for refusal.

The City is required to comply with these requests in accordance with the provisions of the Planning and Development (Development Assessment Panels) Regulations.

Yes. The City's RAR and Council’s resolution only provide a recommendation for the DAP as to how the application should proceed. As the decision maker, the DAP can make an alternative determination to the City's and Council’s recommendation.

No.

No. A person who is not an applicant or a respondent is known as a 'third party' and there are generally no third-party appeal rights for planning decisions in Western Australia in accordance with section 243 of the Planning and Development Act 2005.

The local government is responsible for administering any conditions of approval on a conditional approval given by a DAP.