Frequently asked questions

The Part 11B Significant Development Pathway 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 Perth 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

City of Rockingham

Yes the City of Rockingham is being 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/s for 60 days to give them an opportunity to make a submission.

Your submission and contact information will not be published and they will not be shared with the City or Applicant. A summary of the feedback from all submissions, covering the themes and key issues raised, will be shared with the City 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.

The City of Rockingham’s new draft Local Planning Strategy identifies the land is within the Baldivis East Urban Expansion Area. The City supports the Department of Planning, Lands and Heritage (Department) in undertaking detailed planning for the Expansion Area through the draft North East Baldivis District Structure Plan, which was released for public consultation from December 2023 to February 2024.

Under the City of Rockingham Local Planning Scheme 2 (LPS2), the land is zoned Rural. The WAPC is progressing Amendment 1427 which seeks to rezone the land from the Rural zone to the Urban Deferred zone in the Metropolitan Region Scheme (MRS). Following the lifting of Urban Deferment in the MRS, a local planning scheme amendment application will need to be made to LPS2 along with local structure planning and subdivision approval.

The draft North East Baldivis District Structure Plan (draft DSP) is the next stage of strategic planning investigations for the Baldivis East Urban Expansion area, to guide future land uses, coordination of major infrastructure, activity centres, educational facilities, open space distribution and the protection of environmental assets. The draft DSP will enable 6,000 new dwellings and up to 1,260 jobs, areas for open space, conservation reserves, schools, local and neighbourhood centres and roads.

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: 

• 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. 

All Part 11B applications must undergo pre-lodgement discussions between the WAPC and applicant. A pre-lodgement meeting about this proposal was held with the WAPC Chairman, the Chair of the State Referral Coordination Group, and senior planning staff from the Department, including the State Development Assessment Unit which assesses Part 11B applications.

The development application will undergo assessment by the Department, including extensive public consultation and referrals to relevant stakeholders.  

The assessment will take into account submissions received during the advertising process. 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.

The WAPC is the decision-making authority for Part 11B Significant Development Applications. 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.

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 website a minimum of five business days before the meeting and interested parties can apply to make a presentation (deputation) to the WAPC.

If you agree to be contacted when you make your online submission, you will be notified of the application outcome.

While public advertising is open, the development application can be viewed on this web page or in person at the Department, Level 2, 140 William Street, Perth (by appointment). 

Appointment requests and any enquiries related to the application should be directed to the Department, either by email to SDAUconsultation@dplh.wa.gov.au or by phone to (08) 6551 9450.