Frequently asked questions
FAQs- Click to read
- 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.
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 then 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 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.
Has the proposal been subject to design review?
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 will take place during the assessment period, will be included in the planning report submitted to the WAPC to help in its decision.
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. However, there is a possibility that a different view will be formed during the detailed assessment stage.
In which local government area is this proposed development located?
The City of Fremantle.
Will the local government be consulted?
Yes, the City of Fremantle 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.
Given the site’s proximity to the adjacent local government area, the Town of Mosman Park has also been consulted in relation to the application.
What does the City’s planning framework say about the site?
The site is zoned ‘Development’ under the City of Fremantle’s Local Planning Scheme No. 4 (LPS 4). The site is also included in Development Area 18 (DA 18) under LPS 4. The purpose of the Development zone is to provide for development in accordance with an approved structure plan or local development plan. DA 18 seeks to accommodate a mix of medium and high-density residential and commercial uses, including apartments and community facilities.
The site is located within the ‘Former Matilda Bay Brewery Site Structure Plan’ area which identifies the site as Residential and Mixed Use. The Structure Plan provides development requirements for the site including redevelopment that incorporates medium and high-density residential, with a density code of R160, and a range of commercial and retail land uses, communal facilities and public open space. The maximum building height for the site ranges between 11-20 metres, in accordance with the City of Fremantle Local Planning Policy 3.11.
Is the site heritage-listed?
Yes, the site and place (P3649 – Matilda Bay Brewing Company) is listed on the State Register of Heritage Places.
Has there has been prior consultation on this application?
Not in relation to the current application, however in 2023 a different application for a mixed-use development including three (3) residential towers was considered by the (former) Metro Inner-South Joint Development Assessment Panel.
You may previously have provided feedback on a proposal for this site via a different development application pathway. As this is a new proposal submitted through the Part 11B pathway, any feedback is to be submitted through the online survey on this page.
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:
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.
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), 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 differ between proposals depending on the extent of departure from a planning framework, and the scale of a proposal and its potential impact.
Will my submission be shared with the City or applicant?
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.
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.
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. 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, either by email to sdauconsultation@dplh.wa.gov.au or by phone to (08) 6551 9450.