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

The City of Joondalup

Yes, the City of Joondalup 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 Urban Development under the City of Joondalup Local Planning Scheme No. 3 (LPS 3). It is in a Residential zone of LPS3 which allows a Discretionary (D) use for Multiple Dwellings (apartments).

The site is subject to Structure Plan No. 20 - Hillarys Structure Plan, which was endorsed by the WAPC in March 2000 and is set to expire in 2025. The structure plan allocates a residential R50 coding to the site.

Yes, the structure plan for the site is a ‘due regard’ document, which means that building height, density, as well as all other aspects of the proposed development, can be subject to a merit-based assessment.

All Part 11B applications must undergo pre-lodgement discussions between the WAPC and applicant. 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 the 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.

Yes. Feedback from the State Design Review Panel’s design review was shared with the applicant before the application was lodged, to allow them to address the recommended design changes. The report from the final design review will be included in the planning report submitted to the WAPC to help in its decision. 

Prior to the application being lodged in the Part 11B pathway, the proposal was considered twice by the local government design review panel. 

Yes, submissions are being invited specifically in relation to the current application, which is for a seven-storey residential apartment building comprising 83 multiple dwellings, basement parking, communal facilities and landscaping. 

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.

The development application will undergo assessment by the Department, including extensive public consultation and referrals to relevant stakeholders. 

The assessment will take into account submissions received during the advertising process. 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.

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. 

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 online on this web 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. 

The application documents can also be inspected at the City of Joondalup Administration Building, 90 Boas Avenue, Joondalup in office hours during the submission period.