Ordinary Meeting of Council 10 April 2019
3.1 ESTABLISHMENT OF A DESIGN REVIEW PANEL FOR THE CITY OF SWAN
Ward: (All Wards) (Strategic Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning & Development)
KEY ISSUES
• The Department of Planning, Lands and Heritage released stage one of Design WA which included the following documents:
- State Planning Policy 7.0 Design of the Built Environment
- State Planning Policy 7.3 Residential Design Codes Volume One Apartments
- Design Review Guide
• State Planning Policy 7.3 Residential Design Codes Volume One Apartments replaces Part 6 of the current R-Codes in regards to the assessment of Multiple Dwellings.
• The Design Review Guide provides non-statutory guidance to local governments on how to establish, run and maintain a Design Review Panel.
• Although only strongly recommended, already 22 out of 29 metro councils have implemented or are in the process of setting up a Design Review Panel.
It is recommended that the Council establish a Design Review Panel with a partial fee cost recovery system.
BACKGROUND
The Department of Planning, Lands and Heritage released stage one of Design WA on the 18 February 2019. The documents included:
• State Planning Policy 7.0 Design of the Built Environment • State Planning Policy 7.3 Residential Design Codes Volume One Apartments • Design Review Guide
The purpose of this report is to provide Council with further information about the Design Review Guide relating to the establishment and terms of reference of a Design Review Panel (DRP).
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DETAILS
The Department of Planning, Lands and Heritage in conjunction with the Office of the Government Architect produced the Design Review Guide to provide local governments with a guide on how to establish and run a DRP. This guide does not have statutory weight and is only recommending the establishment of a DRP to local governments. In saying this, it is strongly recommended and already 22 out of 29 metro councils have implemented or are in the process of setting up a Design Review Panel.
The purpose of Design Review Panel is to independently evaluate the design quality of a built environment proposal. The proposal is reviewed by a panel of multi-disciplinary built environment professionals who are experienced in offering objective and constructive design advice. The advice is guided by performance based design principles as set out in State Planning Policy 7.0 "Design of the Built Environment". A performance approach to evaluation provides the flexibility needed for the assessment of complex, multi-faceted projects.
State Planning Policy 7.0 identifies the following 10 principles with the purpose to establish a definition of ‘good design’ that can inform the design, review and decision making process for built environment proposals:
1. Context and character 2. Landscape quality 3. Built form and scale 4. Functionality and build quality 5. Sustainability 6. Amenity 7. Legibility 8. Safety 9. Community 10. Aesthetics Proposals should include a design statement, providing an affirmation of how the proposal addresses these Design Principles.
Purpose/Role of a Design Review Panel
A DRP is formed to provide independent expert advice to the respective local government and applicants on the design and site planning of specified development proposals preferably prior to the submission of a development application. A DRP seeks to facilitate an improvement in urban design and the quality of the built environment within the local government area. This is done through the provision of information, expert advice and recommendations via professional and technical advice, in an adversarial and informal manner. Accordingly DRP's perform an advisory function only and do not make decisions on, or approve applications.
Matters to be referred to the Design Review Panel
The types of proposals and the scale of design review should be determined by the local government and may be included in the terms of reference and/or an appropriate local planning policy. The Design Review Guide has outlined a threshold table, which can be used as guidance to determine the mode of design review best suited to a particular development.
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Meeting Details
DRP meetings are usually held once per month during office hours but as required to deal with matters that have been referred for advice.
Each item is allocated 45 mins for the City to present the item, the applicant to present the item and then for the panel to discuss.
The Design Review Guide recommends that the DRP view each proposal three times. Once at the concept stage, once at the design stage and once at the building permit stage to check the final plans before it is built. It is important that the DRP see the proposal pre-lodgement because it is easier for the developer and architect to make changes at the concept stage rather than once the development application is lodged. Also, this program is outside of the statutory process so it does not affect the limited time frames.
It will be local government’s responsibility to coordinate the Design Review Panel meeting. The Guide recommends the following roles need to be organised by the City to run the meeting.
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Panel Coordinator
A senior planning staff member is usually the panel coordinator. Their responsibility is to prepare the agenda, circulate the plans as well as the feedback, organise any additional information for the panel meetings, organise the fees and payments for the DRP.
Senior Planning Staff
Senior planning staff (such as manager or director of planning services) should provide the necessary administrative support and advice to the meeting including managing the meeting opening and closing proceedings and providing governance advice where requested by the panel Chair. The Chair should manage and facilitate the interactive design review discussion and identify the key recommendations for reporting. (Note that the senior planning officer can also fulfil the role of chairperson).
Presenting Planning Officer
For each proposal under consideration, a planning officer should present an overview of the site (or proposal) including history, current and future surrounding context as well as compliance with planning controls and relevant design criteria. They will also convey any concerns raised through internal referral pathways (e.g. heritage, stormwater, traffic/parking) if available.
Report writer
Local government is responsible for ensuring that notes or minutes are taken for all panel meetings. The report writer should liaise with the panel coordinator in the preparation and finalisation of the meeting notes and the design review report.
Membership of a Design Review Panel
It is recommended by the Design Review Guide for the panel members to have a range of design and built environment expertise. While local knowledge is useful for context, the members should not be made up of any decision makers or elected members.
It is recommended at least 4 panel members attend a meeting to provide a variety of industry experience and knowledge. The local government may engage with a pool of members which can be called on for different applications.
The following disciplines are recommended:
• Architecture (essential) • Landscape architecture (essential) • Urban design (Essential) • Heritage • Sustainability and environmental design • Engineering • Accessibility • Transport planning • Planning • Public Art
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It is recommended that the DRP membership contain between four and six members, including a chair person. The local government may engage with a pool of members who can then be called on for different applications. The appointment of all members is ratified by Council as is the selection of the chairperson.
The term of office for DRP members is generally two years, although any member may be reappointed.
Appointment of Panel Members
Member appointment processes should demonstrate rigour to ensure a high degree of confidence in the Panel. The Office of the Government Architect can provide recommendations of experienced panel members to form part of the City’s DRP or that can be called for once off meetings. Alternatively the local government can undergo an independent appointment process. By undertaking an independent process, there is greater scope for Council to appoint local architects who have an intimate and knowledgeable appreciation of the City and its unique characteristics. In the event this process is chosen, it is recommended that:
• Provide for the establishment of a DRP in a new Local Planning Policy. • A Terms of Reference for the DRP is prepared and endorsed • A formal EOI process is undertaken; • An appropriately skilled selection panel is formed; • After a shortlisting exercise, an interview process should be undertaken that confirms design review expertise; • Members are appointed for an agreed term; • All terms of the appointment are confirmed, including remuneration details for each member; and • A formal member induction is held. Panel Member Remuneration
Remuneration should reflect the professional standing of panel members and their time taken to prepare for and participate in meetings. The local government should determine the remuneration for panel members at the time of appointment. The Office of the Government Architect recommends the following guide:
1. Pay by the hour
The local government sets a standard professional rate per hour of the meeting plus one hour of preparation. The panel Chair is paid above standard hourly fee in recognition of the additional responsibility.
The office of the Government Architect recommends the hourly rate to be between $200 and $250.
Or
2. By Meeting
The maximum meeting duration of three hours could be assumed and “per meeting” remuneration could be set. Additionally an hourly rate for the panel Chair for time spent on additional briefings and reporting should be provided for.
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Review of Current Arrangements by other Local Governments
The City investigated the terms of reference of a DRP or similar, established at other local governments (Cities of Melville, Wanneroo, Vincent, Joondalup, Stirling, Bayswater, Rockingham and Town of Victoria Park). The City also discussed this matter with the Department of Planning, Lands and Heritage and Office of the Government Architect. The outcome of these investigations is addressed in the below table and comments.
It should be noted that this is how the other local governments currently operate but it is expected that they will align their panels with the provisions of Design Review Guide.
Local Fee charged to Number of Cost of Panel Frequency of Government applicant. panel Meeting. members City of Vincent Yes 2-4 members Chairperson Once a month. from a pool of $500 per
10. meeting. $800 per Member $400 meeting. per meeting. Plus $200 an hour when attending the State Administrative Tribunal. City of Yes 4-6 members. Not publically Once a month. Bayswater available. $2500 for unlimited number of meetings. City of Yes Minimum 3 Chairperson Once a month Wanneroo members from $250 per hour plus more if One free a pool of 7. capped to a necessary. meeting pre maximum of 2 lodgement. hours plus one After that: hour of preparation. Additionally, pre lodgement is Member $200 $400 per per hour capped meeting to a maximum of 2 hours plus one Post lodgement hour of is $846 per preparation. meeting. $200 for
attendance at the State Administrative Tribunal (to a maximum of four hours).
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Local Fee charged to Number of Cost of Panel Frequency of Government applicant panel members Meeting
City of Stirling No 5 members Chairperson No more than from a pool of $275 per hour. one per 10. fortnight. Member $240 per hour.
Plus one paid hour of preparation.
City of No Minimum of 3 Not publically Once a month. Joondalup members. available.
City of No Minimum of 3 Chaired by the On a need Rockingham members from Director of basis. a pool of 5. Planning.
Members: 2 consultants which are charged out at their normal rate.
Town of Victoria No Minimum of 4 Not publically Once a month. Park panel available. members.
City of Melville No Minimum of 3 Not publically One a month members available. minimum.
CONSULTATION
No consultation has yet occurred with the public on this matter.
ATTACHMENTS
The following documents are available as additional resources:
• State Planning Policy 7.0 Design of the Built Environment
• State Planning Policy 7.3 Residential Design Codes Volume One Apartments
• Design Review Guide
Please see the Department of Planning, Lands and Heritage website: https://www.dplh.wa.gov.au/designwa
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STRATEGIC IMPLICATIONS
In accordance with the City of Swan Strategic Community Plan 2017-2027, the following applies:
• Theme: Built Environment
• Objective B1.2: Enhance Public Realm
• Strategies B1.2.1: Build a sense of place through public realm and improved streetscapes
STATUTORY IMPLICATIONS
To make the Design Review Panel a requirement for the eligible applications it will need to be implemented into the Local Planning Scheme No. 17 or done through a Local Planning Policy.
As part of that, the City will also have to produce a ‘Terms of Reference’ for the Design Review Panel which outlines the following requirements of the Design Review Panel:
• The role of design review • The role of the panel members • Panel management • Matters to be reviewed by the panel • Timing and number of meetings • How the panel is appointed • Remuneration • Meeting procedure • Code of conduct
FINANCIAL IMPLICATIONS
The actual cost of establishing and operating a DRP is dependent on various factors based on the terms of reference including the type and number of applications referred to the DRP, the type and number of DRP members, and the frequency and number of DRP meetings.
The 2018-2019 Budget has not allocated any funds for the establishment and operation of a DRP.
If 2018 was used as an example, the City received 5 DAP applications which would have been eligible to be evaluated by the DRP.
Taking into consideration other local governments and the Design Review Guide, the cost of each item attending a panel would be in the range of the calculations below:
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The panel needs at minimum 4 members including a chairperson. Three panel members would be paid at the same rate and the Office of the Government Architect recommends $200 to $250 an hour. In addition, it is recommended the chairperson be paid above the standard rate due to extra responsibility.
It should also be noted that each panel member is paid an additional hour for preparation. If there was more than one item going to the panel this cost would be divided per item, however due to the low application numbers it has been assumed there would only be one item per meeting.
Cost of Design Review Panel
Three Panel members at $200 an hour (this price has been picked as it is within the recommended range by the Office of the Government Architect).
3x 1 hour for the meeting 3x 1 hour for the preparation =$1200
Chairperson at $250 an hour ($50 above other panel member’s rate)
1x 1 hour for the meeting 1x 1 hour for the preparation =$500
Total cost = $1700 for one item to be seen by the DRP.
The Office of the Government Architect recommends that each item is seen three times by the DRP however, this would depend on the complexity of the application and how the applicant operates.
$1700 x 3 meetings = $5,100
Over the last three years, the City has on average received 14 development applications that would have to be referred to the DRP. This would cost the City approximately $71,400.00 annually.
It should also be noted that the DRP will also need internal resources from the City including at least three staff to run the meeting, present items and take the minutes.
Looking at how other local governments operate, the DRP meeting is carried out within office hours so overtime would not be necessary.
Fee Costs and Recovery
There are four options for the City of Swan to deal with the DRP fees:
Option 1: The City does not set up a Design Review Panel
Although it is a Design Review Guide not a policy, the State Government has made it clear it is best practise and so this option is not recommended.
In the event the City does not set up a Design Review Panel, the State Government can provide a pool of members the City can use which will cost the City $250 per member per hour. These will be members who already meet the criteria in the Design Review Guide and can provide advice for ad hoc meetings.
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Option 2: Total Fee Recovery
The City will charge the applicant for the cost of the Design Review Panel. A ‘bond’ of the cost of three meetings ($5,100) could be taken at the first Design Review Panel the application attends and any remaining money could be refunded. This will need to be included in the City’s Fees and Charges Schedule and the fee would be $5,100 per application.
(Note: Only the City of Bayswater aims to recover all costs through the fees).
Option 3: No fee recovery, City funded
The City will pay entirely for the Design Review Panel. This option is recommended by the Office of the Government Architect on the basis that when local governments fund design review, applicants may be more likely to seek design review earlier in the design process. This is also how the majority of other local governments operate, however this option is the most onerous on the City.
Considering that over the last 3 years, the City has on average received 14 development applications that would have to be referred to the DRP. This would cost the City approximately $71,400.00 annually.
Option 4: Partial Fee Recovery
The City will cover part of the DRP cost and charge the remainder to the applicant.
To incentivise applicants to use the DRP, the City could offer one free meeting pre- lodgement. Any additional meetings pre or post lodgement could then be fully charged to the applicant. To fully recover costs of the panel members it would be $1700 per meeting.
Providing one free DRP will encourage applicants to use the process early on. It will also motivate their architects to aim to satisfy all the criteria prior to the DRP to get the most value from one meeting. The pre-lodgement process also encourages applicants to resolve any outstanding concerns from the Local Government to make the assessment of the application a smoother process once submitted.
If on average the City received 14 applications, and one free meeting is provided, the cost to the City would be $1700 x 14 applications = $23,800.00. This will need to be included in the City's Fees & Charges Schedule and the fee would be $1700 for each subsequent meeting.
There also needs to be consideration in future budgets of the cost of the DRP where the City is a land owner of the application and will have to bear the cost of sending applications to DRP.
Option 4 is recommended as this process will incentivise consultation early in the process which will relieve pressure on timelines during the formal development assessment process.
VOTING REQUIREMENTS
Simple majority
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RECOMMENDATION
That the Council resolve to:
1) Progress the establishment of an independent Design Review Panel in accordance with the guidance provided in the “Design Review Guide” released as part of the WA Design suite of documents.
2) Approve the inclusion of $50,000.00 in the draft 2019/2020 Annual Budget for the operation of an independent design review panel.
3) Provide for a partial cost recovery through a design review application fee of:
1. One free pre-lodgement assessment by the Design Review Panel for each application; and
2. For additional meetings, charge the applicant $1700 for the full cost of the Design Review Panel meeting and include this in the draft 2019/2020 Annual Budget and the Fees & Charges Schedule.
CARRIED
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