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.

The City of Nedlands

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.

The City of Nedlands Local Planning Strategy identifies the site within the Stirling Highway Corridor Urban Grown Area, intended for a high intensity medium-rise scale of development.

The Nedlands Stirling Highway Activity Corridor Strategy identifies the site  within the Eastern Mixed Use zone, intended for high density residential development, with activated ground floors, and land uses linking with the university and hospital.

The City of Nedlands Local Planning Scheme No.3 (Scheme) does not set height controls for this site.

Amendment 13 to the Scheme seeks to introduce building height controls for the site in accordance with RAC-1 of the Residential Design Codes. Amendment 13 is still under consideration.

Student Accommodation is not defined as a land use in the Scheme, however it may still be considered.

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 will take place following consultation, will be included in the planning report submitted to the WAPC to help in its decision.

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 Significant Development 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 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, 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. 

Local residents: The plans can also be viewed at the City of Nedlands Administration Centre, 71 Stirling Highway, Nedlands from 8.30am to 5pm weekdays.

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 that 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.