Draft Operational Policy 1.13 - Significant Development Pathway - Public Interest Considerations

Closes 19 Jul 2024

Opened 17 May 2024

Overview

 

The Department of Planning, Lands and Heritage (DPLH), on behalf of the Western Australian Planning Commission (WAPC), is seeking public comment on  Draft Operational Policy 1.13 - Significant Development Pathway - Public Interest Considerations (OP 1.13). 

This policy has been prepared to provide contextual guidance for WAPC assessment of Significant Development Pathway proposals seeking a determination 'in the public interest', Part 11B of the Planning & Development Act 2005. 

OP 1.13 is also intended to assist proponents with the information that will need to be provided with relevant applications, as well as provide an understanding of what is meant by 'public interest' to the wider community. 

More broadly speaking, we are also seeking to create awareness of this policy  to ensure that it is referenced appropriately by proponents once introduced. 

The WAPC is aiming to implement this policy in the second half of 2024 and is seeking feedback on its content from key stakeholders and other interested parties.  

Submissions on draft OP 1.13 close Friday 19 July, 2024

Key documents

Frequently asked questions:

Why is this proposal being advertised?

We are seeking feedback from key stakeholders and other interested parties, and also to create awareness of the proposed policy. All proposed operational policies are required to be advertised for a period of 60 days.

Why has this policy been prepared?

Operational Policy 1.13 has been prepared with the aims of:

 

•  providing contextual guidance for WAPC assessment of relevant Significant Development Pathway proposals seeking a decision under public interest principles, in the manner permitted by section 171R(1)(a) of the Planning & Development Act 2005;

•  assisting proponents with information requirements for applications seeking a decision in the ‘public interest’ under the Significant Development pathway; and

•  facilitating a clearer understanding to proponents and the wider community of what ‘public interest’ means in the context of this pathway.

 

The draft OP 1.13 is deliberately high level, in acknowledgement of the broadness of the term, whilst also being based on case law of relevance to planning and development, including State Administrative Tribunal (SAT) cases. To assist with ease of use and implementation, assessable criteria are provided in Appendix 1 of the policy, with supporting matters of case law included as Appendix 2.

 

Additionally, it is proposed to update the recently published Significant Development Pathway Application Guide, as applicable, to include reference to OP 1.13 along with any additional supporting information requirements to enable WAPC Statutory Planning Committee's assessment of proposals. Amendments to the Guide will be undertaken subsequent to stakeholder consultation on this policy and based on feedback received.

What is the role of DPLH in this project?

DPLH has prepared this policy to assist the WAPC with implementing Part 11B of the Planning & Development Act 2005 where significant development proposals of state or regional importance can be determined where in the 'public interest'. 

Who are the key stakeholders?

Everyone who may interact with the significant development pathway process; developers, planning consultants, local government and general public.

Has there been any community consultation on this project already?

This is the first consultation that has been undertaken on this policy. 

What is the process for this project to be determined?

Following the consultation period, feedback will be incorporated into policy if required. The policy will then be considered by the WAPC for final determination.

 

Have your say

Areas

  • WA state-wide

Audiences

  • Residents
  • Business Operators
  • Land Owners
  • Community Organisations

Interests

  • Part 17
  • Part 11B