Development Assessment Panels: Good, Bad or Ugly?

The State Government recently announced plans to introduce Development Assessment Panels (DAPs) to the Tasmanian planning process.

Under the current system, development applications are considered and determined by local councils, with the exception of declared major projects. The introduction of DAPs will result in some development application decisions being made by DAPs rather than local councils.

DAPs currently exist and form part of the major project assessment process. For example, the Bridgewater Bridge involved the establishment of a DAP as that project was declared to be a major project under the Land Use Planning and Approvals Act 1993 (LUPAA).

Draft legislation is still being prepared, so the full extent and consequences of the proposed reforms are unknown. However, Premier and Acting Minister for Planning, the Honourable Jeremy Rockliff, has provided the following details in respect of the proposed reform:

DAPs would be determined by the independent Tasmanian Planning Commission;
the type and scale of projects eligible for the new process are yet to be determined, but are expected to include housing, social housing, large-scale developments and other proposals of community interest. Further, a value floor will be implemented for non-prescribed projects, including projects valued over $10 million in urban centres and over $5 million in rural areas.
proponents will be able to opt-in and choose whether a council or a DAP makes the final decision on their project; and
councils will have the option of referring the final decision to DAPs.