City of Stirling DA > 60 days

[freogirl]

The situation at City of Stirling for development approvals has taken a turn for the worse. Up until last Friday, you put in a development approval application. It sat unassigned for 60 days, at which point you could request escalation for it to be assigned to a planner for processing.
As at yesterday, they are no longer doing this, and state that they are processing applications in date order only - no escalation. My DA was 60 days yesterday, which means I missed out by one day in being able to have it escalated.
When I asked Stirling about how they could do this given they were clearly in breach of the statutory timeframe for the assessment of Planning Applications, (under the Planning and Development Act 2005, 60 days), their position was that if I wanted to complain on those grounds my application would be marked refused and I could take it up with the planning commission.
They are not willing to say how many applications are in front of me or give me any estimation as to when it will be assigned, let alone approval timeframe.

 

[westminster]

Aarrrgh I feel for you!
Surely now you are head of the queue almost as you have been in for 60 days?
I'm just starting the ball rolling on a CofS development that I'm 'managing' and it doesn't bode well. City of Shitte?

 

[underdev]

The situation at City of Stirling for development approvals has taken a turn for the worse. Up until last Friday, you put in a development approval application. It sat unassigned for 60 days, at which point you could request escalation for it to be assigned to a planner for processing.
As at yesterday, they are no longer doing this, and state that they are processing applications in date order only - no escalation. My DA was 60 days yesterday, which means I missed out by one day in being able to have it escalated.
When I asked Stirling about how they could do this given they were clearly in breach of the statutory timeframe for the assessment of Planning Applications, (under the Planning and Development Act 2005, 60 days), their position was that if I wanted to complain on those grounds my application would be marked refused and I could take it up with the planning commission.
They are not willing to say how many applications are in front of me or give me any estimation as to when it will be assigned, let alone approval timeframe.

Don't be afraid to take them to court. The only way councils will be reasonable and responsible is if the people hold them to account.

 

[UrbanPlanner]

ahh Stirling, by far the most dysfunctional local government in WA.

I encourage clients (and also do it myself) to lodge complaints with the elected members and/or Mayor. The way that Stirling report their DA timeframe stats is completely wrong and so the Councillors only get one side of the argument. We had one recently that was on 60 days and Stirling were telling us it's only on 21 days! so we wrote a lengthy complaint to the ward Councillor who forwarded it onto the CEO and had the approval 2 days later. I'm a strong believer in relationships getting you further than bashing the table and don't like to operate like that, but in CoS you have no choice!

Alternatively, Lodge an appeal to the SAT based on a deemed refusal (deemed refused after 60 days if no determination is made). The SAT has a member specifically set up for dealing with CoS appeals and rubbish like this (which tells you something about Stirling). The likely scenario is you will go to a directions hearing and the SAT will program orders that your DA be processed by a certain date, which Stirling are locked in to.

Depending on what your DA is for, can you bump the est. development cost to over $3m and have it determined by the Development Assessment Panel?

 

[freogirl]

ahh Stirling, by far the most dysfunctional local government in WA.

I encourage clients (and also do it myself) to lodge complaints with the elected members and/or Mayor.

Alternatively, Lodge an appeal to the SAT based on a deemed refusal (deemed refused after 60 days if no determination is made).

Depending on what your DA is for, can you bump the est. development cost to over $3m and have it determined by the Development Assessment Panel?

Urban Planner, no it is only a triplex development so well under $3m ...
I'm not sure what the SAT is?
I feel like I'm being held to ransom to not make waves as they will reject my plans OR if they are "forced" to process the application they will be pig headed about any variations to the codes that we have put forward. It is frustrating because I don't want to get off-side with them, but at the same time it really is an unacceptable situation.

 

[freogirl]

Aarrrgh I feel for you!
Surely now you are head of the queue almost as you have been in for 60 days?
I'm just starting the ball rolling on a CofS development that I'm 'managing' and it doesn't bode well. City of Shitte?

Unfortunately apparently not Westminster. Not that they would say how many are ahead of me, but they intimated that there are quite a few which is why they won't escalate anymore.

 

[Ricky]

Freogirl,
SAT is the State Administrative Tribunal.

 

[propertyVIC]

Have you considered going down the private certification route?
http://www.buildingcommission.wa.gov.au/building-approvals/keys-to-quick-approvals

 

[UrbanPlanner]

Have you considered going down the private certification route?
http://www.buildingcommission.wa.gov.au/building-approvals/keys-to-quick-approvals

private certification is fine but you need to get planning approval first and this is where Stirling fails. Unfortunately we don't yet have private planning certification in WA so you're at the mercy of the local government (unless you appeal etc but that can be expensive)