Development Assessment Panels – new project assessment pathway
Background
Currently, under the Land Use Planning and Approvals Act 1993 (Tas) (LUPAA), local councils in Tasmania serve as the ‘planning authorities’ responsible for determining development applications.
In a bid to remove political influence from planning decisions, the Premier announced plans in July 2023 to amend planning legislation, enabling an independent Development Assessment Panel to assess and determine more complex or contentious development applications.
To support this initiative, a Position Paper on the proposed DAP framework was published for consultation from 19 October to 30 November 2023, attracting over 540 submissions. These submissions informed the preparation of the draft LUPA Amendment (Development Assessment Panels) Bill 2024 (DAP Bill).
The State Planning Office has now released the draft DAP Bill, with public consultation open from 7 October to 12 November 2024.
What is a Development Assessment Panel?
A Development Assessment Panel (DAP) will be established by the Tasmanian Planning Commission for an individual project. However, DAPs are not a novel concept – they currently exist under the Major Project assessment pathway under LUPAA. So how are these DAPs different? It appears that this process is aimed at social / affordable housing projects and other proposals of community interest.
What projects are eligible?
The DAP Bill introduces an alternative pathway for the assessment and approval of eligible development applications by an independent panel, rather than by local councils.
A development application may qualify if:
- it is an application for subdivision to accommodate social and affordable housing; or
- the applicant or planning authority chooses for the development application to be determined by a DAP then the following application cost thresholds must be met:
- Metropolitan Areas: For DAP eligibility, projects in metropolitan areas must exceed $10 million.
- Non-Metropolitan Areas: Projects in non-metropolitan areas qualify if costs exceed $5 million.
- Local Council as Applicant: If a local council is the applicant, projects qualify if costs exceed $1 million; or
- the Minister, upon request of the applicant or planning authority, determines that the development application is suitable for DAP determination due to its significance to the local area, complexity, controversial nature or perceived bias of planning authority.
Not all projects can be assessed through this process and the vast majority will continue to be assessed and determined by the Planning Authority.
What is the role of the Planning Authority?
Local councils will retain a consultative role in DAP-assessed applications. Under the current DAP Bill, all development applications considered by a DAP must be referred to relevant ‘reviewing entities,’ including local councils, the Heritage Council, and other regulated entities, for their feedback and recommendations.
Following input from reviewing entities, the DAP will conduct an initial assessment of the application against the provisions of the planning scheme. It is essential to note that the DAP Bill does not alter the planning scheme rules against which all applications are assessed.
If the DAP’s preliminary assessment supports approval, a draft report, including a draft permit and conditions, will be released, and the application will be open for public comment for 14 days. Should representations be made, the DAP will hold a hearing to address raised concerns. After the hearing, the DAP will issue its final decision on the application.
Planning Authorities will no longer be the decision maker for eligible projects. However, they will still play a role. Importantly, the applicable provisions of the planning scheme will still need to be met by the project under this new development assessment process.
What are the timeframes?
The approval process timeframe is set at a maximum of 91 days for applications involving social and affordable housing and 112 days for other applications.
Pursuant to s. 57(6)(b) of LUPAA, a Planning Authority has 42 days to determine a discretionary permit under the usual assessment process.
You can read more about the draft DAP Bill here.
Read our earlier article here.
What happens now?
The DAP Bill remains open for consultation until the 12 November 2024. Following this, the State Planning Office will review the submissions and revise the Bill, based on the feedback received. The draft DAP Bill is proposed to be tabled in Parliament at the end of November 2024.
Page Seager can assist with any queries regarding current legislation and the proposed amendments, including preparing submissions to the DAP Bill.
