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

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 Chairman, the Government Architect, the Chair of the State Referral Coordination Group, and senior planning staff from the 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.

City of Busselton.

Yes, the City 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/s for 60 days to give them an opportunity to make a submission.

• Local Planning Scheme 21 (LPS21) was gazetted on 15 October 2014 and zones the site Industrial Development. 
• Schedule 3 of LPS 21 identifies the site as being within the Special Provision Area 48 (SP48) and supports the use of the site for a service commercial and mixed light industrial precinct. 
• SP48 identifies a series of Permitted uses. Permitted uses of relevance to the proposal include a Convenience Store, Lunch Bar, Industry - Light, Garden Centre, Bulky Goods Showroom, and Warehouse / Storage. SP48 states that all other uses are not permitted. 
• A minimum building setback of 24m is required to the Busselton Bypass. 
• SP48 specifies that the Structure Plan shall also include requirements relating to vehicle access, service roads and shared parking and access, protection of sites of significance, built form guidelines, and design requirements for landmark buildings. 

• The Ambergate Industrial / Service Commercial Area Structure Plan was approved by the WAPC in March 2019 and applies to the whole site subject to the development application. 
• The Structure Plan includes a number of development requirements for the site, including:
  • Preparation of a Mosquito Management and Implementation Strategy.
  • Preparation of a developer contribution and staging plan for contribution to service infrastructure. 
  • Landscaping requirements including buffers to the Busselton Bypass and Vasse Diversion Drain.
  • Integrate outcomes derived from the Local Water Management Strategy and Fire Management advice. 
  • Undertake a risk assessment for the site of the likelihood of flooding of the Vasse Diversion Drain.
  • Connection to reticulated water and sewer.
  • Preparation of a local development plan for the southern part of the site. 

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 Government Architect 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 will take place during the assessment period, 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 (in this case, within a 1,000m 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. In this case, eight days have been added to the usual 28-day consultation period due to the Christmas-New Year holiday period.

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 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.

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 SPC determination 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 SPC.

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

The application documents can also be inspected at the City of Busselton Administration Building, 2 Southern Drive, Busselton from 8.30am-4.30pm Monday to Friday for the duration of the submission period.