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Part 11B Significant Development Pathway

The Part 11B pathway which became operational on 1 March 2024 is a streamlined version of the temporary Part 17 pathway, designed to better suit a post-COVID environment.

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Henderson Wharf Extensions determined under the Part 17 pathway.

Part 11B Significant Development Pathway

The permanent Part 11B Significant Development Pathway which became operational on 1 March 2024 provides a tailored assessment option for complex and significant development proposals.

Part 11B is a major initiative of the Planning Reform program which came into effect through the Planning and Development Amendment Act 2023 and Associated Regulations

Image: Henderson Wharf Extension determined under the Part 17 Significant Development Pathway.

The Part 11B application process is a refined version of the temporary Part 17 pathway which incorporates its strengths, such as the pre-lodgement and coordinated State agency referral processes – and streamlines it for a post-COVID environment. The temporary Part 17 pathway closed to new applications on 29 December 2023. For more information visit the Part 17 Significant Development Pathway page. 

All Part 11B applications will be coordinated by the State Development Assessment Unit (SDAU) within the Department of Planning, Lands and Heritage (Department). The pathway will have access to the new State Referral Coordination Unit (SRCU), which will collaborate with referral agencies to consider proposals strategically from a State-wide perspective. The SRCU will manage stakeholder inputs and provide a single, coordinated whole-of-government response on applications. This will lead to proactive case management of referrals to State agencies and local governments and ensure timely determination of proposals.

Eligibility

Eligibility

The Part 11B pathway is open to developments valued at: 

  • $20 million or more for proposals either wholly or partly in the Perth or Peel region scheme or Swan Valley Planning Scheme areas 
  • $5 million or more in other parts of the State 

The pathway is not available for proposals in improvement scheme, planning control or redevelopment authority areas, or for public works.

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.

See the FAQs section on this page for more information about eligibility.

While any development that meets the value threshold can be assessed through the Part 11B pathway, applications that are likely to benefit most are those that:  

  • present issues of State or regional importance
  • involve referral to multiple State Government agencies and would be assisted by coordination, and/or 
  • align with State Government policies and priorities but are restricted by an out-of-date local planning framework

Part 11B applications are generally determined by the Statutory Planning Committee (SPC), a committee of the Western Australian Planning Commission (WAPC).

SPC Agendas and Minutes  

Contact

Contact

State Development Assessment Unit (SDAU)

The Western Australian Planning Commission (WAPC) is supported in determining Significant Development Pathway applications by the State Development Assessment Unit (SDAU).
Application process

The application assessment process is set out in Part 11B of the Planning and Development Act 2005 (PD Act), the Planning and Development (Significant Development) Regulations 2024 (Regulations) and the Part 11B Significant Development Pathway Application Guide (Application Guide), and is generally as follows: 

Application process

1

Mandatory Pre-lodgement consultation with the WAPC

Proponent approaches WAPC > Where required, WAPC requests appropriate design review be undertaken > Options for the flexible pre-lodgement process can be scaled to suit t...

Proponent approaches WAPC > Where required, WAPC requests appropriate design review be undertaken > Options for the flexible pre-lodgement process can be scaled to suit the proposal and proponent’s desired level of certainty > Options include: A high-level pre-lodgement meeting; Request for detailed written pre-lodgement advice; Tailored process developed in collaboration with the applicant > The pre-lodgement meeting and advice request have no compulsory submission requirements, but the quality and detail of advice provided will be relative to the level of information submitted > Pre-lodgement advice request can be forwarded to State agencies for a coordinated response on applicant request.

2

Lodgement – Form 11B-1

A completed Significant Development Form 11B-1 is lodged along with other required supporting information through the Planning Online portal > The assessment and 120-day ...

A completed Significant Development Form 11B-1 is lodged along with other required supporting information through the Planning Online portal > The assessment and 120-day determination timeframe commence once all required information has been submitted and the application fee paid.

3

Part 11B Application Assessment

Proposal assessed by Department and referred to local government for 60 days and the SRCU > Assessment may involve design review depending on the nature of the proposal a...

Proposal assessed by Department and referred to local government for 60 days and the SRCU > Assessment may involve design review depending on the nature of the proposal and extent to which matters were addressed during pre-lodgement > Public consultation is undertaken on all applications, for at least 28 days > All applications are referred to the Minister for Planning for comment > Additional information may be sought during assessment if required > SDAU prepares a report based on all feedback and provides a recommendation to the SPC.

4

Determination by Statutory Planning Committee

Part 11B applications generally determined by SPC > Meeting agenda published with SDAU’s recommendation at least seven days before meeting > Meetings are open to members ...

Part 11B applications generally determined by SPC > Meeting agenda published with SDAU’s recommendation at least seven days before meeting > Meetings are open to members of the public who can request to make a presentation (deputation) along with other stakeholders, including the applicant > Minutes are published online within 14 days of the meeting, and the applicant, local government, referral agencies and submitters are notified of the outcome.

5

Amendments – Form 11B-2

Proponents can apply to amend an approved development, including an extension to the substantial commencement period > Amendment applications may be referred to State age...

Proponents can apply to amend an approved development, including an extension to the substantial commencement period > Amendment applications may be referred to State agencies, local government and the Minister for Planning > Public consultation may be required depending on the nature and scale of the amendment > Applications are determined by the SPC, or under delegated authority by the WAPC Chairperson or Department officers.

6

Clearance of Conditions

Proponents first liaise with State agencies or the local government for advice on relevant approval conditions > Proponents submit to SDAU a Clearance of Conditions matri...

Proponents first liaise with State agencies or the local government for advice on relevant approval conditions > Proponents submit to SDAU a Clearance of Conditions matrix and documentation as specified in approval conditions, along with final working drawings > SDAU reviews documents to ensure they satisfy approval conditions > SDAU will generally within 30 days notify the proponent whether conditions have been satisfied > Clearances can be staged, subject to Western Australian Planning Commission (WAPC) approval.

Fees and forms

Fees and forms

To view/download Part 11B forms, find out more about the application steps and fees, visit the following page:

Part 11B Fees and Forms

FAQs

FAQs

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. 

What is a Review Readiness meeting?

Review Readiness meetings are offered by the Government Architect to Part 11B Significant Development Pathway proponents after the Pre-lodgement meeting, where the WAPC has decided that it is appropriate for the State Design Review Panel (SDRP) to review the proposal. 

This optional session is offered to assist proponents in preparing for their first SDRP session, in the spirit of working collaboratively to help streamline the design review process and maximise the value of the review advice. 

The more responsive a proponent is to feedback provided at the Pre-lodgement meeting, the more value they will get from the Review Readiness meeting.

What does the Proponent need to prepare for this meeting?

Proponents who accept the offer of a Review Readiness meeting will need to submit a draft of their SDRP design review presentation to the State Development Assessment Unit (SDAU) a minimum of 3 business days before the meeting.

The design review presentation should depict the proposal in a manner that will allow the SDRP to assess it against the Design Principles of State Planning Policy 7.0: Design of the Built Environment, including the following:

  • Project vision
  • Architectural and landscape concept design diagrams
  • Clear and comprehensive context analysis 
  • Key architectural drawings: plans, site and building sections, elevations from all orientations (including elevations and sections of the proposal in context) 
  • Built form and massing studies 
  • Options analyses
  • Consideration of the proposal from key vantage points
  • Realistic and relevant precedent imagery 

 Information provided outside of this presentation, or at a later date, will not be able to be considered.

It is recommended that the applicant ensures that the design team is present at the meeting, and attendance in person is preferred, where possible.

What happens during the Review Readiness meeting?

The Government Architect, or representative, provides verbal feedback without prejudice on the submitted draft design review presentation. 

The meeting will typically be 30 minutes long and the focus will be on the Government Architect, or representative, providing feedback. Given the short duration, it will not be an opportunity for the proponent to ‘re-pitch’ the proposal or engage in an interactive ‘pre-review’. Please note that meeting notes will not be issued for this meeting. 

After the meeting, the SDAU and Design Review teams will be in contact regarding upcoming timing and submission deadlines for formal design review by the SDRP.

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, policy 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.