Warringah Development Assessment Panel (WDAP)

• Meeting Schedule and Agenda and Reports 2009
• View Agendas and Reports 2008
• Warringah Development Assessment Panel (WDAP) Code of Conduct
• Warringah Development Assessment Panel (WDAP) Charter
• Meeting Presentation Procedures (WDAP)

What is the Warringah Development Assessment Panel (WDAP)?
The Warringah Development Assessment Panel is NSW's first independent determination Panel for major development applications where decisions on developments are made independently of Council. The Panel is comprised of a Chairperson (Environmental Law expert), an Urban Design expert, an Environmental expert and a pool of Community representatives.

Why do we have WDAP?

• For the determination of major development applications by experienced and highly skilled professionals;
• To provide increased transparency in the development application assessment process and to provide stakeholders (applicants, the community and objectors) with increased involvement in the outcomes of the assessment process;
• To undertake an independent assessment of proposed developments classified as Category 3 under Clause 15 of the WLEP 2000.

How is WDAP different to IHAP?
The Independent Hearing and Assessment Panel (IHAP) made recommendations to Council on development applications which were then determined at the following Council meeting. The Warringah Development Assessment Panel (WDAP) has delegated authority to determine applications, except for Category 3 applications.

When was WDAP set up?
At the Council meeting of 8 July 2008, Council adopted a new panel model with full delegation to determine applications. At the Council meeting of 22 July 2008, Council adopted the Warringah Development Assessment Panel (WDAP) Charter which becomes effective from 2 August 2008.

Appointment of Panel members
Council at is meeting held on 12 May 2009 resolved to appoint new Panel members for 2009-2010 term.

Can I contact the Panel members?
No. Panel members cannot discuss items on the meeting agenda with any person outside the forum of the public hearing. All enquiries should be directed to the Development Panel Coordinator on 9942 2313.

When does WDAP meet?
The Panel meetings are generally held on the second Wednesday of each month at 6pm in the Council Chambers, Civic Drive at 725 Pittwater Road, Dee Why. Further meetings may be scheduled if required.
All meetings are open to the public. Arrangements to address panel members during the meeting should be made by 4pm the day of the meeting by contacting the Development Panel Coordinator on 9942 2313.
Details of meeting schedules --> click here

What Development Applications does the WDAP deal with?
(1) The WDAP will determine development applications for: -
         (a) The erection of a new building or buildings* with an construction cost 
         exceeding $1,000,000 and where there are more than 2 relevant objections
         * with the exception of: -

• developments classified as Category 3 developments under Clause 15 of the WLEP 2000
• development consisting of one dwelling
• development consisting of one dwelling and a granny flat
• non habitable buildings such as a private garage, carport, shed or the like
• non habitable structures such as a fence, mast, antenna, retaining or free standing wall, swimming pool or the like

(b) The subdivision of land (excluding subdivision, community title subdivision or strata subdivision of an existing building or approved building works) with a net increase of 5 or more allotments, and where there are more than 2 relevant objections*.

*Definitions: For the purposes of the Warringah Development Assessment Panel (WDAP), new building or buildings mean:

(a) the construction of a building or buildings, or
(b) the re-building or alteration or addition of a building or buildings which, in the opinion of the Director of Planning and Development Services, provide for an increase of more than 50% of the existing floorspace of the existing building or buildings. This does not include internal alterations and additions the fitout or occupation of an existing building.

*relevant objection means:

written submission in response to Council’s notification/exhibition of a development application, which in the opinion of the Director of Planning Development Services raises specific issues for the refusal of the application or would otherwise require significant changes or restrictions to the proposed development.

(2) The WDAP determines applications for:-

a modification of a consent under Section 96(2)* of the EP&A Act 1979 and where the original consent was determined by the WDAP.

*Note: Section 96(2) refers to modifications which involves changes considered to be more than minimal environmental impact.

What is the role of the General Manager in this new process?
The General Manager has delegation to determine:-

• Development applications classified as Category 3 developments under Clause 15 of the WLEP 2000 following an independent public hearing by WDAP.
• Development applications except those required to be determined by WDAP
• Applications for modifications of consent under Section 96 (1), 96(1A), 96 (2) and 96(AA)of the EP& A Act 1979, except those required to be determined by WDAP [Section 96(2)]

 

The General Manager may sub-delegate his authority to determine applications to the Director Planning and Development Services or another employee of Council.

Secondly the General Manager may refer development applications to the Warringah Development Assessment Panel (WDAP) for determination which would ordinarily not be required to be determined by WDAP.

Thirdly he or his sub-delegate may refer applications to WDAP for their findings and recommendations only. The latter will then be determined by the General Manager or his sub-delegate.

The new delegations have been reported and adopted by the Administrator during the Council meeting held 22 July 2008 and can be viewed on Council’s webpage.
Click on Link: Item 4.3 Administrator’s Minute 15/2008 – New charter to replace IHAP

What is the process when items go to a WDAP meeting?
Council staff, or a consultant, assesses the proposal and prepares a report with recommendations to the Panel. The Panel members are given all written submissions to read along with the staff assessment report and any other relevant documents that are needed to help them with their assessment.

The staff assessment reports, including recommendations, are available on Council’s web page for all interested parties prior to the Panel meeting. The Panel conducts a site inspection, then proceeds to the public hearing and afterwards retires to a closed session to deliberate the items on the agenda. The outcomes will be recorded in the Minutes of the Warringah Development Assessment Panel (WDAP) and are available on Council’s webpage the week after the meetings.

For items considered as Category 3 under Clause 15 of the WLEP 2000, the Warringah Development Assessment Panel (WDAP) makes a recommendation which is presented by the Director of Planning and Development Service (PDS) to the General Manager, who then determines the application. No further consultation will be undertaken with the applicant or objectors following the WDAP Meeting unless both the Director PDS and the Panel require submission of additional information to determine the application. A report determining the Category 3 items signed by the General Manager will be available on Council’s webpage the week after the Panel meeting.

How are items that are going to a WDAP hearing advertised?
All applications that are reported to WDAP are notified in the Manly Daily, on Council’s website, and on the Council Notice Board at the Civic Centre main entrance.

Letters are sent to all residents who have made submissions, along with the applicant and owners, informing them of the date and time of the meeting, where they can view the assessment report and information relating to addressing the Panel meeting.

How can I address the WDAP hearing?
Only verbal submissions by the applicant and other interested persons will be considered at the public hearing. The Panel shall hear submissions from persons who identify prior to a hearing that they wish to make a submission. Requests to address the Panel are made by calling the Development Panel Coordinator on
9942 2313.

What happens at the WDAP public hearing?
At the public hearing the Chairperson calls up each item on the meeting agenda. Interested persons speak first, and the applicant and/or their representatives speak second. The Panel may ask questions of anyone addressing the Panel. After all speakers have been heard, the meeting is closed and the Panel retires to make their assessment in private.

How can I get a copy of the Panel recommendations and/or determinations?
Generally, the Warringah Development Assessment Panel (WDAP) Minutes can be viewed online 7 (seven) working days after the meeting. The Minutes contain determination decisions on the 3.0 Item applications and recommendations on Category 3 items.
The report of the General Manager contains the determination decision of the Category 3 items and can be viewed 7 (seven) working days following the WDAP Minutes.

For further assistance in retrieving a copy of a report, please contact the Development Assessment Panel Coordinator on 9942 2313.