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 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 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, see the information and FAQs on the Part 11B page.

No. The WAPC Chairperson confirmed at the pre-lodgement meeting that design review was not required.

No. The applicant’s planning report outlines that the proposal is capable of being considered under the existing planning framework.  

Shire of Capel (Shire).

Yes, the Shire has been consulted as the responsible local government authority for comment on the application, along with the City of Bunbury, as the proposal has adjoining local government boundaries. Part 11B applications are required to be referred to the relevant local governments for 60 days to give them an opportunity to make a submission.

The site is zoned Urban Development under the Shire of Capel Local Planning Scheme No. 8 (LPS 8) which does not identify any permissible land uses in the zone, however due regard is to be given to any structure plan or local development plan.  The site is subject to several Special Control Areas (SCA2, SCA4, SCA6, SCA7 and SCA8) under LPS 8 and abuts the Bussell Highway which is a Primary Regional Road.

The site is located within the Dalyellup East Structure Plan area, which earmarks the site for residential purposes with a small portion for public purposes. 

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. 

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 500m radius, signs placed on site and a 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 differ between proposals depending on the extent of departure from a planning framework, and the scale of a proposal and its potential impact.

Your submission and contact information will not be published and they will not be shared with the Shire or applicant.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

Local residents: The application documents can also be viewed at the Shire of Capel offices, 31 Forrest Road, Capel weekdays 8.30am–4.30pm and the City of Bunbury offices, 4 Stephen Street, Bunbury weekdays 8.30am–5pm for the duration of the submission period.