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 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 Chairperson, 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. 

The City of Stirling.

Yes, the City of Stirling 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 site is zoned ‘Development’ under the City of Stirling Local Planning Scheme No. 3 (LPS 3). The site is also included in the Scarborough Beach Special Control Area (SCA) and development Contribution Area 6. The purpose of the Scarborough Beach SCA is to facilitate redevelopment and urban renewal as set out in Schedule 13. Schedule 13 was introduced into LPS 3 via Amendment 124 (gazetted 9 August 2023) to incorporate the former Scarborough Redevelopment Scheme provisions. 

The site was previously within the Scarborough Redevelopment Area and subject to the Scarborough Redevelopment Scheme under the Metropolitan Redevelopment Authority Act 2011 (MRA Act). All policies and design guidelines made under the MRA Act have been adopted as City of Stirling Local Planning Policies. 

The Scarborough Master Plan includes the site in ‘Precinct 3 - Mixed Use’. The skyline in the master plan intends for higher built elements near the beachfront which taper down to the north, south and east, with light and openness between the taller elements of buildings. The base height for the site is 12 storeys with a bonus additional 6 storeys available where significant community benefits are provided, including:

• Exceed the baseline policies
• Provides short stay accommodation
• Exceeds minimum sustainability requirements
• Provides outstanding architectural design
• Improves public connectivity with east-west links

The City of Stirling Local Planning Strategy, endorsed by the WAPC in 2019, recognises the Scarborough District Centre within the Metropolitan Redevelopment Authority’s Scarborough Redevelopment Scheme and Master Plan. 

The Draft Local Planning Scheme No. 4 (draft LPS 4) was publicly advertised from 18 October to 24 January 2025. Under draft LPS 4, the site is zoned ‘Centre’ and included in Special Control Area 1 and Development Control Area 2. Draft LPS 4 includes the building height maps in draft Schedule 1 with all policies and design guidelines under the MRA Act for the Scarborough Redevelopment Area being retained as Local Planning Policies. It is intended that a precinct structure plan is prepared for the Scarborough district centre.

A portion of the site is within Planning Control Area (PCA) 177 to provide for a potential ‘duck and dive’ conversion of West Coast Highway.

Build-to-rent projects are typically large-scale developments that provide secure, long-term rental housing options for tenants. They are usually large-scale purpose-built and -designed developments with integrated management, which manages risks and opportunities for tenants and owners.  

Build-to-rent developments are common in many other countries and are emerging in Western Australia, with various State and federal incentives and exemptions available to support them. 

You may have provided feedback in the past on a similar development application on the site through a prior public consultation process. As the application is now going through a different assessment pathway, feedback is required to be submitted again through the options provided on this page.

A different application on the site, for a 27-storey mixed use proposal with 262 build-to-rent units, was refused by the Metropolitan Redevelopment Authority in December 2023 because it:

• Exceeded the base height limit of 12 storeys and bonus height limit of 18 storeys.
• Did not satisfy a number of Redevelopment Scheme/Design Guideline requirements, nor achieve design excellence, nor improve outcomes for the community.
• Would have a detrimental impact on the current and intended amenity of the locality, due to site coverage, bulk and scale and car parking shortfall.
• Did not meet the ‘minimum standards for apartments’ under the Residential Design Code which reduces future adaptability.

The details of this decision are available here: MRA-13893: Development Application - Lot 572 (No. 200) West Coast Highway, Scarborough Proposed 27 Storey Mixed-Use Development - DevelopmentWA - Shaping our State's future

This new application is through an alternative assessment pathway with different pre-lodgement, assessment and determination procedures, including review by the State Design Review Panel, consultation with the City of Stirling and other key stakeholders, and consideration by the WAPC. 

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.

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.

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 500m radius), 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.

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.

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 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 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.

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’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.

Local residents: The application documents can also be inspected at the City of Stirling Administration Offices, 25 Cedric Street, Stirling from 8.30am-5pm weekdays for the duration of the submission period.