Corner Stone Town Planning
Development Approval in Perth: A Step-by-Step Breakdown
This guide explores the development approval process in Perth from feasibility and design development through to approval.
Development approval
A development approval is permission from an authority, for instance a local government or Development Assessment Panel, to commence development on your land. This could be approval for a single house, mixed use development or a change of use.
In Perth there are several different pathways your application can take.
Local Government, the Western Australian Planning Commission, Development WA or a Development Assessment Panel are all authorities that may grant development approval depending on the location of the development and the approval pathway.
Step 1: Understanding the planning framework
Your first step is understanding the planning framework that applies to your site. In the first instance this means reviewing key planning documents such as:
- Local Planning Strategy.
- The zoning or reservation of the land under regional and local planning schemes.
- Local and State Planning Policies.
- Residential Design Codes.
- Local and State heritage registers.
You should also consider matters like vehicular access, environmental constraints, restrictions on the Certificate of Title and any site-specific issues that could affect your development. Understanding opportunities and challenges early will assist in design development, and alignment with the planning framework.
Step 2: Stakeholder engagement
Early engagement with key stakeholders as part of formulating a development concept is recommended. This will assist in understanding local development requirements and context, any forthcoming changes to planning controls and specific development requirements that are required to be addressed.
Step 3: Documentation
Once you understand the planning framework and have progressed through design development preparation of the relevant documentation to support the application needs to occur. The type of information required to lodge a development application varies with the type of development, and whom the application is being lodged with.
The following information is typically required:
- Architectural or technical drawings showing floor plans, elevations and a site plan.
- Covering letter or planning report describing what development is proposed, compliance with the planning framework, and justification where variations to for instance, local planning policies is sought.Supporting consultant reports, where required, for example a bushfire management plan, traffic impact statement andacoustic assessment. The type of consultant reports will depend on the nature of your application.
It is important that all required information is provided with the development application, and justification is provided for variations to the planning framework. Not having the correct information can result in the application not being accepted, or a request for further information post lodgement.
Having someone experienced in managing the preparation of a development application can make a real difference.
Step 4: Lodgement
Most development applications are lodged via e-lodgment or email depending on the requirements of the authority. Some e-lodgment platforms allow you to track the progress of the application. In some instances, a lodgement meeting may be required.
Application fees will be required to be paid, and fees vary depending on the estimated development cost and determining authority. Application fees are required to be paid before the application is accepted.
Once your application is lodged it will be reviewed to check if all the necessary information is provided to allow for assessment of the proposal. If all information is not provided the application may not be accepted for lodgment.
Step 5: Assessment
Statutory assessment timeframes vary, as a guide, most applications that are not subject to public consultation or referred to statutory, public or planning authority for comment have an assessment time of 60 days. Application subject to public consultation, or referral to statutory, public or planning authority have an assessment time of 90 days.
During the assessment of the application requests for information (RFI) can ‘stop the clock’ for the assessment time, and thus it’s important that the application contains sufficient information.
Understanding what occurs during the assessment period helps you track your application’s progress. The following is a guide:
- Planning Officer assessment of the proposal.
- Referral of the application to internal stakeholders.
- Review of the application by a Design Review Panel (for certain developments).
- Request for information. This may include clarification on elements of the development, or request modifications to certain aspects.
- Public consultation (if the application is required to be advertised).
- Review of submissions received as part of public consultation, and the applicant is provided the opportunity to comment on those submissions.
- Determination of the application.
Step 6: Determination
Once assessment is complete the application will need to be determined. Depending on the approval pathway the determining authority will vary. In many instances the determining authority will be a Local Government or Development Assessment Panel.
In respect to a Local Government, development applications may be determined under delegated authority (via Officers), or at a Council Meeting. Delegated authority to Officers varies between Local Governments.
If the application is determined at a Council Meeting or Development Assessment Panel there is generally is usually an opportunity to present in support of the application.
The application of itself will be either approved, approved with conditions or refused.
Application for Review
In Western Australia in most cases you can lodged an application for review with the State Administrative Tribunal (SAT) if the development application is refused or you are aggrieved by conditions of approval.
Once an application for review is lodged with SAT the matter will first progress to a Directions Hearing. The Directions Hearing will set out how the matter is to be dealt with.
In the first instance most applications will be scheduled for mediation, with a view to reaching a mediated outcome between the parties. A significant number of matters are resolved via mediation.
If the matter cannot be mediated, the matter can be scheduled for a hearing where the SAT will determine the matter. If the matter proceeds to a hearing an advocate or lawyer to represent you in the hearing will need to be engaged along with expert witnesses.
Having representation from someone with SAT experience makes a real difference. With Cornerstone Legal as our sister company, we can provide both planning expertise and legal representation.
Having the right support matters
Cornerstone Town Planning provides services from design feasibility and development through to completion of development approvals. Our experience can assist you in identifying opportunities and challenges early in the design process, and preparation of development applications to give your project the best possibility of success.
Every successful project starts with good planning.
Ready to get started? Contact Cornerstone Town Planning and we can discuss your proposal together.
Disclaimer – the information contained above does not constitute planning advice, and is of a general nature. You should obtain town planning advice relevant to your specific circumstances. In that regard please do not hesitate to contact Cornerstone Town Planning.
