FAQs- Click to read

    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 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.

    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, 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.

    In which local government area is this proposed development located?

    The Town of East Fremantle. East Street is the western street frontage and is at the boundary between the Town of East Fremantle and the City of Fremantle.

    Will the local government be consulted?

    Yes, the Town of East Fremantle has been consulted as the responsible local government authority for comment on the application. As the site neighbours the City of Fremantle, the City has also been consulted. 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.

    What does the Town's planning framework say about the site?

    The site is zoned Residential with a designated R20 density code under the Town of East Fremantle Local Planning Scheme No. 3 (LPS 3) and is located in the Plympton Precinct. Additional Use ‘A9’ in LPS 3 applies to the site and provides for only residential development to the R80 density code, subject to conditions. These conditions include the preparation of a Local Development Plan to coordinate the six lots to address building bulk and scale, setbacks and frontage treatments, vehicle access and landscaping.

    The desired future character of the Plympton Precinct is for the predominant Gold Rush period buildings to be maintained and be joined by sympathetic infill in a leafy streetscape. New developments are to be of compatible form, bulk and scale to traditional development in the immediate locality. Local Planning Policy 3.1.1 – Residential Design Guidelines provides guidance on access and parking, building design, and verandahs and porches.

    The apartments are described as social housing and proposed to be managed by a Community Housing Provider. What does that mean?

    Public housing is social housing managed by the State Government.

    Community housing is social housing managed by Community Housing Providers which are usually not-for-profit organisations. Community housing is provided on both State- and privately-owned land. 

    Has there been prior consultation on this proposal?

    You may have provided feedback in the past on the draft Local Development Plan for the site through a prior public consultation process by the Town of East Fremantle. Foundation Housing also carried out community information sessions for neighbours and the broader community in late 2025.

    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:

    • 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.

    Is this application seeking additional discretion under section 171R of the Planning and Development Act 2005?

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

    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.

    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, a sign 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 differ between proposals depending on the extent of departure from a planning framework, and the scale of a proposal and its potential impact.

    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.

    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.

    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 and can be extended during holiday periods. 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 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, via sdauconsultation@dplh.wa.gov.au or (08) 6551 9450.