Frequently asked questions

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 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.

Pre-lodgement discussions between the WAPC and applicant are required for all Part 11B applications. A pre-lodgement meeting for this proposal was held with the WAPC Chairman, the Government Architect, the Chair of the State Referral Coordination Group, and senior planning staff from the Department of Planning, Lands and Heritage (Department), including its State Development Assessment Unit which assesses Part 11B applications. For more information about pre-lodgement, see the information and FAQs on the Part 11B page.

Town of Claremont

Yes, consultation with the Town of Claremont will occur, 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.

Part of the site is zoned Residential under the Town of Claremont Local Planning Scheme No.3 (Scheme). Multiple dwellings (apartments) are a permitted (P) use in the Residential zone in the Scheme. The Scheme specifies a maximum building height of 6.6m on this site.

Although the site is privately owned, a part of the site adjacent to the Swan River is reserved for Parks and Recreation under the Metropolitan Region Scheme. The proposed development is contained within the Residential zoned portion of the site and will not encroach into the Parks and Recreation reserve.

A portion of the site is also located within the Swan River Development Control Area (DCA). The responsibility for the management and development within the Swan Canning river system is now part of the functions of the Rivers and Estuaries Branch of the Department of Biodiversity, Conservation and Attractions (DBCA). As such, the application will be referred to DBCA for consideration of the development’s interface with the Swan River. The WAPC’s determination of the application must be in a manner that is consistent with DBCA’s advice.

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.

Yes. Feedback from a review by the State Design Review Panel was shared with the applicant before the application was lodged, to allow them to address the design advice. 

The report from the final design review, which took place during pre-lodgement, will be included in the planning report submitted to the WAPC to help in its decision.

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), sign/s 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. The type and level of engagement and consultation also differs between proposals depending on the extent of departure from a planning framework, and the scale of a proposal and its potential impact.

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.

Yes. An application for a three-storey residential development of seven apartments and two townhouses on the site and adjacent 6A Bindaring Parade was approved by the WAPC in 2020. A subdivision application to amalgamate the lots and re-subdivide them into four lots was also approved by the WAPC at the time. The approval is valid until October 2025. 

This consultation is to gather feedback in relation to the current application, which is for a three-storey residential apartment building comprising nine apartments, basement parking and landscaping.

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.

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’s 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 page or in person at the Department’s Perth offices, 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.

Hard copies of consultation documents can also be viewed by appointment at the Town of Claremont offices, 308 Stirling Highway, Claremont, 8.30am-5pm weekdays. Call the planning department on 9285 4300 to arrange a time. Please note the office will be closed during the holiday period.