Part 11B Significant Development Pathway

What applications are eligible to use the Part 11B significant development pathway?

To be eligible under the Planning and Development (Significant Development) Regulations 2024, proposals must have an estimated value of:

• $20 million or more in the Perth Metropolitan or Peel Region Scheme, or Swan Valley Planning Scheme areas; or
• $5 million or more in other areas

Projects that do not meet the value threshold but raise issues of State or regional importance can also be authorised for entry into the pathway by the Premier, on the recommendation of the Minister for Planning.

What is involved in pre-lodgement?

The proponent must meet with the WAPC as part of Part 11B requirements prior to lodging an application. Options for the flexible pre-lodgement process can be scaled to suit the proposal. The process can be as simple as a meeting to discuss high-level points or concept plans, or more detailed and include pre-lodgement assessment of a proposal followed by written pre-lodgement advice. More detail about the options is contained in the Application Guide. 

Is Design Review required? 

The WAPC can require a proposal be referred for Design Review and typically makes this decision in consultation with the Government Architect, who chairs the State Design Review Panel (SDRP), and proponent during pre-lodgement. Where a proposal is referred for review, this can occur in parallel with other pre-lodgement advice requests or referrals. The level and timing of Design Review sessions will be discussed during pre-lodgement and will be informed by the context of the application. It may be undertaken by the SDRP or the Government Architect. 

How do I lodge a development application?

Proponents must consult with the WAPC prior to lodging a Part 11B significant development application. Consultation can be a meeting to discuss a development concept or a proponent can request written pre-lodgement advice. Refer to the Application Guide for more information.

Once pre-lodgement requirements are satisfied, an application is submitted through the Planning Online Portal along with an application form, other required technical documents and fees. Assessment commences once all required materials have been submitted and the fee paid. Applicants will be contacted by the SDAU if any documents or the fee is missing.

What fees apply?

A fee will need to be paid in accordance with the published fee schedule. Fees are exempt from GST. Payment details will be provided when the application is lodged.

How do I calculate the fee?

The application fee is based on the estimated cost of the proposed development excluding GST.

There may be instances where the estimated cost of a proposal needs to be clarified or is just over the threshold - that is $20 million n the Perth Metropolitan or Peel Region Scheme, or Swan Valley Planning Scheme areas, and $5 million elsewhere in the State. In these cases, the SDAU may require the proponent to provide a construction cost schedule which may also be subject to independent review.

What consideration will be given to local planning scheme requirements, poly and local concerns?

As with other development assessment pathways, the SPC must have due regard for the local planning framework in determining Part 11B applications, including any discretion available.

Some requirements of local planning schemes are not open to any discretion through the local government or Development Assessment Panel (DAP) pathways. Unlike these other pathways, the SPC can determine a Part 11B application in a way that conflicts with the local planning scheme if it is of the opinion that one or more of the following applies: 

• The proposal raises issues of State or regional importance and the decision would be in the public interest 
• The local planning scheme has not been reviewed in accordance with legislative requirements 
• The conflict with the planning instrument is minor and the decision would be consistent with the relevant State Planning Policy, State Planning Code and Region Scheme, and the local planning strategy

When making a decision that would conflict with the local planning scheme, the WAPC must have due regard for the principles of orderly and proper planning and the preservation of the amenity of the locality.   

What impact does a review by the Environmental Protection Authority (EPA) have on the development assessment process?

Proposals likely to have a significant effect on the environment, referred to by the EPA as "significant proposals", may be considered for environmental impact assessment. View the EPA assessment process. As with other development assessment pathways, the SPC cannot make a decision on a Part 11B application that would allow the proposal to be implemented until a Public Environmental Review process is complete and any Ministerial Statement has been issued. The SPC is unable to make a decision that would be contrary to any Ministerial Statement issued in accordance with the Environmental Protection Act 1986. 

Will applications be advertised for public comment?

Yes. Following initial planning, design and technical consideration by the SDAU and stakeholders, applications are released for public comment. Plans and supporting documents are released on the Department's website and where possible at the local government offices in regional areas, for the community to view and provide feedback. Notices are also published in local newspapers, letters sent to the owners and occupiers of nearby properties, and a sign/s installed at the site during consultation with an illustration of the proposed development.

How long do I have to make a comment?

There is no prescribed timeframe for public consultation however it is expected that all Form 11B-1 applications will be advertised for a minimum of 28 days and the closing date for submissions is included in the consultation notices.  

Where revised development plans are submitted after the initial consultation, and depending on the extent of changes proposed, a proposal may be re-advertised. This will be determined on a case-by-case basis with consideration given to a range of factors, including the 120-day determination timeframe. 

Which organisations and agencies are consulted on the application?

The SDAU will refer the application to the local government and Federal authorities, and the SRCU to coordinate relevant State agency referrals. State agencies could include the Environmental Protection Authority, Main Roads Western Australia, Public Transport Authority, Department of Transport, Department of Biodiversity, Conservation and Attractions, Department of Fire and Emergency Services, Department of Water and Environmental Regulation and others. 

What is the local government's role in Part 11B applications?

Part 11B applications will be referred to the relevant local government/s for 60 days, providing an opportunity to make a submission. While there is no prescribed format for local government submission, they could include:

• Commentary on the proposal with respect to the local context and perspective
• Input from technical officers on matters relating to building, engineering, and environmental health
• A recommendation on planning grounds, including recommended approval conditions

Local government officers may be invited to attend pre-lodgement, State Design Review Panel (SDRP) and/or SRCU meetings.

What are the State Referral Coordination Unit (SRCU) and State Referral Coordination Group and what role do they play in Part 11B applications?

The SRCU is a team within the Department that centrally manages and coordinates State agency referral advice about Part 11B development applications. The State Referral Coordination Group consists of senior agency representatives nominated by the respective Director General to attend meetings convened by the SRCU. The SRCU manages stakeholder inputs and provides a single, coordinated whole-of-government response on applications. It can help identify and resolve potential conflicts early in the planning process. 

For more information about the SRCU, visit the State Referral Coordination Unit page.

Who determines Part 11B applications?

The WAPC has delegated the SPC authority to undertake all its functions in relation to Part 11B applications, including determination. The WAPC has also delegated certain functions to the WAPC Chairperson and Department officers, including determining amendments to approved Part 11B developments. 

How long does the SPC have to make a decision?

Decisions on Part 11B applications are to be made within 120 days of the day the application is accepted for assessment, or a longer period where this is agreed between the applicant and the WAPC.

What form will SPC decision-making meetings take?

Once assessment is complete, Part 11B applications are presented to an SPC meeting for determination. Meetings are open to the public to attend in person or online via the Zoom platform. 

Information about the meeting is made available along with the agenda papers on the Department’s website a minimum of seven days before the meeting. Members of the public who provided comments on the proposal are informed directly of the meeting date and details. 

The order of business is set out in the meeting agenda. Presentations (deputations) can be requested. Information about applying to make a presentation is available on the Department website.  

The outcome of the meeting and the reasons for the decision are published within 14 days of the meeting.

Will the recommendation to the SPC and the determination be publicly available?

Yes. Information will be published online including the:

• SPC meeting agenda with the SDAU’s recommendation at least seven days before meeting
• SPC decision including reasons
• Unconfirmed minutes of the SPC meeting available within 14 days of the meeting

How can I make a presentation (deputation) at an SPC meeting?

Applications to make a presentation (deputation) at an SPC meeting are to be made in writing using the application form. Forms must be submitted no later than 9.30am two business days before the meeting.

What decisions can the SPC make on Part 11B applications?

The SPC may make one of the following decisions:

• approve the application
• approve the application subject to conditions
• refuse the application

Is the decision of the SPC final?

The proponent may apply to the State Administrative Tribunal (SAT) for review of a decision made on a Part 11B application. An application for review can relate to a decision to refuse the development, or to the approval conditions.

The Governor, on advice from the Premier, may cancel or amend a decision.

Who is responsible for administering any approval conditions?

The SDAU, on behalf of the WAPC, works with the applicant and relevant regulatory agencies to ensure all necessary conditions before a building or occupancy permit are issued. Conditions over the life of the approval may be administered by the WAPC and the local government.

How do I make an amendment to my development approval?

Proponents who would like to amend or cancel their approved Form 11B-1 development application are required to complete a Form 11B-2 – Application to Amend or Cancel Development Approval and submit it through the Planning Online Portal.

An amendment can include modifications to the development plans and changes to approval condition/s, including an extension to the specified period for substantial commencement.

Can I comment on an amendment application?

Advertising requirements for a Form 11B-2 amendment application can be varied or waived, and the extent of advertising will be determined on a case-by-case basis dependent on the nature and extent of the modification/s being proposed.

Where revised development plans related to a Form 11B-2 application are advertised, those who made submissions on the original development application will be directly notified in writing and invited to comment.