Frequently asked questions
FAQs- Click to read
- 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.
What is the Part 11B Significant Development Pathway?
Part 11B was introduced in March 2024 as a tailored assessment pathway for complex and significant development proposals. It replaces the temporary Part 17 Significant Development Pathway which closed in December 2023.
Applicants with development proposals valued at $20 million or more in the Metropolitan or Peel Region Scheme or Swan Valley Planning Scheme areas and $5 million or more in other parts of the State can apply through the pathway for the proposal to be determined by the Western Australian Planning Commission (WAPC). In making its decision, the WAPC is able to apply additional discretion.
For more information about the pathway, please see the Part 11B page, including the FAQs.
Has there been any pre-lodgement engagement on the application?
Pre-lodgement discussions between the WAPC and applicant are required for all Part 11B applications. A pre-lodgement meeting about this proposal was held with the WAPC Chairperson, the Chair of the State Referral Coordination Group, and senior planning staff from the Department of Planning, Lands and Heritage (Department), including its Significant Development Assessment Unit which assesses Part 11B applications. For more information about pre-lodgement, please refer to the information and FAQs on the Part 11B page.
Has the proposal been subject to design review?
Yes. Feedback from design review was shared with the applicant before the application was lodged, to allow them to address the design advice.
The review was provided through the new Stream B design review pathway, introduced for Part 11B proposals that do not require review by the full State Design Review Panel. Stream B reviews are conducted by Department staff with expertise in design rather than an external panel.
The report from the final design review, which will take place during the assessment period, will be included in the planning report submitted to the WAPC to help in its decision.
Is this application seeking additional discretion under section 171R of the Planning and Development Act 2005?
Yes. The applicant’s planning report outlines that additional discretion under section 171R(1)(c) of the Planning and Development Act 2005 is being sought on the basis that the applicant considers 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. Any proposal seeking additional discretion must demonstrate how it ensures orderly and proper planning and preserves the amenity of the locality to which the application applies.
In which local government area is this proposed development located?
The Town of Victoria Park.
Will the local government be consulted?
Yes, the Town has been consulted as the responsible local government authority for comment on the application. Part 11B applications are required to be referred to the relevant local government for 60 days to give them an opportunity to make a submission.
What does the Town's planning framework say about the site?
The Town of Victoria Park Local Planning Strategy, endorsed in 2022, identifies Albany Highway as a key urban infill and activity corridor, intended to accommodate future population and employment growth. The Strategy identifies the site as falling within a proposed secondary activity centre.
The Town of Victoria Park’s Local Planning Scheme No. 2 (LPS 2), gazetted in 2024, zones the majority of the site ‘Mixed Use’, while Lot 100 is zoned Residential. Under LPS 2, a hotel is a discretionary use subject to advertising requirements (‘A’ use) within the Mixed Use zone (Lots 9, 10, 11 and 991), and is capable of approval. However, a hotel is a prohibited use (‘X’ use) within the Residential zone.
LPS 2 Scheme Amendment No. 2 has been adopted by the Town and is currently under assessment by the WAPC for consent to advertise. Scheme Amendment No. 2 proposes to rezone Lot 100 from Residential to Mixed Use.
The site is subject to the draft Albany Highway Precinct Structure Plan (draft PSP) which is considered a ‘seriously entertained’ planning document. The draft PSP has been prepared to guide the transformation of Albany Highway into a Secondary Activity Centre.
Under the draft PSP, the site falls within the ‘Central Sub Precinct’ and is designated as Mixed Use. The draft PSP also identifies the adjoining lot to the south (Lot 101) as Mixed Use.
What consideration will the WAPC give to the planning framework requirements and local concerns?
As with other development assessment pathways, the WAPC 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 WAPC 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:
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.
How is this application being advertised to the public?
Consultation occurs in accordance with the Planning and Development (Significant Development) Regulations 2024 and the Part 11B Application Guide. It involves a public consultation period of at least 28 days, including letters to nearby property owners and occupants within a 200m radius, signs placed on site and public notice published in a local newspaper. Information has also been posted on the Department website and WAPC and Department social media accounts.
Will my submission be shared with the Town or applicant?
Your submission and contact information will not be published, and they will not be shared with the Town or applicant. A summary of the feedback from all submissions, covering the themes and key issues raised, will be shared with the Town and applicant so they have an opportunity to respond to the matters raised. A summary of submissions is included in the report presented to the WAPC for determination. To assist in its deliberations, details of all submissions are shared with Commission members on a confidential basis.
How is the development application assessed?
The Department’s assessment will include extensive public consultation and referrals to relevant State Government agencies, and will take into account feedback from all submissions received. Once the assessment is complete, the Department will prepare a report, along with a recommendation, for the WAPC’s consideration. The report will either recommend that the application be approved (with or without conditions) or be refused.
Who is the decision-maker for this application?
The application will be determined by the WAPC’s Statutory Planning Committee (SPC) at a meeting which is open to the public, and the SPC must give reasons for the decision.
When will this application be determined?
Part 11B applications are required to be determined within 120 days of lodgement unless otherwise agreed between the WAPC and applicant. The meeting date will be scheduled once feedback has been received from the community, key stakeholders, local government and State agencies, and the Department’s assessment is complete.
Once a meeting date is confirmed, any person who made a submission on the development application will be advised and offered the opportunity to attend the meeting either in person or online. Agenda papers will be published on the Department’s website a minimum of five business days before the meeting and interested parties can apply to make a presentation (deputation) to the WAPC.
Will I be advised about the outcome of the application?
If you agree to be contacted when you make your online submission, you will be notified of the application outcome.
Where can I get more information?
While public advertising is open, the development application can be viewed on this page or in person by appointment at the Department’s Perth offices, Level 2, 140 William Street, Perth.
Appointment requests and any enquiries related to the application should be directed to the Department, via sdauconsultation@dplh.wa.gov.au or (08) 6551 9450.