{"id":"planning-and-development-part-11b-fees-notice-2024","name":"Planning and Development (Part 11B Fees) Notice 2024","slug":"planning-and-development-part-11b-fees-notice-2024","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181585,"registerId":"wa-planning-and-development-part-11b-fees-notice-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning and Development (Part 11B Fees) Notice 2024","content":"![Crest]()Western Australia\n\nPlanning and Development Act 2005\n\nPlanning and Development (Part 11B Fees) Notice 2024\n\nWestern Australia\n\nPlanning and Development (Part 11B Fees) Notice 2024\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Fees 2\n\n5. Reduced fees for particular entities 4\n\n6. Refund of fees if application withdrawn 4\n\n7. Refund of fees if design review not conducted 5\n\nSchedule 1 — Fees\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nPlanning and Development Act 2005\n\nPlanning and Development (Part 11B Fees) Notice 2024\n\n##### 1. Citation\n\n\t\tThis notice is the *Planning and Development (Part 11B Fees) Notice 2024*.\n\n##### 2. Commencement\n\nThis notice comes into operation on the day on which the *Planning and Development Amendment Act 2023* section 11 comes into operation.\n\n##### 3. Terms used\n\n(1) In this notice —\n\napplication to amend an approval means an application made under section 171X(2)(a), (b), (c) or (d) of the Act;\n\napplication to cancel an approval means an application made under section 171X(2)(e) of the Act;\n\nappropriate design reviewer means a committee, person or body of a kind referred to in paragraph (a) or (b) of the definition of ***design review*** in section 171H(1) of the Act;\n\ndesign review fees has the meaning given in clause 4(4);\n\nGovernment Architect means the person holding office as the Government Architect or, during a vacancy in that office, the acting chairperson of the State Design Review Panel;\n\nregistered community housing provider means a community housing provider that is included on the register under the *Planning and Development (Development Assessment Panels) Regulations 2011* regulation 50;\n\nregistered not‑for‑profit entity means an entity that is included on the Australian Charities and Not‑for‑profits Register under the *Australian Charities and Not‑for‑profits Commission Act 2012* (Commonwealth) Chapter 2;\n\nState Design Review Panel means the committee called the State Design Review Panel established under Schedule 2 clause 1 of the Act.\n\n(2) If a term used in this notice is given a meaning in section 171H(1) of the Act, it has the same meaning in this notice.\n\n##### 4. Fees\n\n(1) The fees set out in Schedule 1 are the fees set to be charged in respect of the following applications —\n\n(a) a significant development application;\n\n(b) an application to amend an approval;\n\n(c) an application to cancel an approval.\n\n(2) A fee set under subclause (1) is payable to the Commission by the applicant.\n\n(3) Subclause (4) sets the fees to be charged if —\n\n(a) before making a significant development application, the prospective applicant requests an appropriate design reviewer to conduct a design review of the development to which the application relates under the *Planning and Development (Significant Development) Regulations 2024* regulation 6(1)(b); or\n\n(b) for the purposes of the Commission’s consideration of a significant development application under section 171P(1) of the Act, the Commission requests an appropriate design reviewer to conduct a design review of the development to which the application relates; or\n\n(c) for the purposes of the Commission’s consideration of an application to amend an approval, the Commission requests an appropriate design reviewer to conduct a design review of the development to which the application relates.\n\n(4) The fees (the design review fees) are —\n\n(a) if the Commission advised the person by whom the fees are payable that the appropriate design reviewer is to be the State Design Review Panel —\n\n(i) $12 000; and\n\n(ii) if the number of design reviews is more than 3 — $6 000 per design review after the 3rd design review;\n\nor\n\n(b) if the Commission advised the person by whom the fees are payable that the appropriate design reviewer is to be the Government Architect —\n\n(i) $5 000; and\n\n(ii) if the number of design reviews is more than 3 — $2 500 per design review after the 3rd design review.\n\n(5) However, if subclause (3)(a) and (b) apply in relation to the same significant development application —\n\n(a) the person by whom the design review fees are payable is liable for the fees only once in relation to the application; and\n\n(b) the design review fees are to be calculated based on the total number of design reviews of the development to which the application relates.\n\n(6) The design review fees are payable to the Commission by —\n\n(a) if subclause (3)(a) applies — the prospective applicant requesting the design review; or\n\n(b) if subclause (3)(b) applies — the applicant for the significant development application being considered by the Commission; or\n\n(c) if subclause (3)(c) applies — the applicant for the application to amend an approval.\n\n##### 5. Reduced fees for particular entities\n\nA fee set under clause 4 is reduced by 50% if the fee is payable to the Commission by a registered community housing provider or a registered not‑for‑profit entity.\n\n##### 6. Refund of fees if application withdrawn\n\n(1) This clause applies if an applicant withdraws any of the following applications —\n\n(a) a significant development application;\n\n(b) an application to amend an approval;\n\n(c) an application to cancel an approval.\n\n(2) If the applicant paid a fee set under clause 4(1) in respect of the application, the Commission may refund the fee (in whole or in part).\n\n(3) If the applicant paid the design review fee set under clause 4(4)(a)(i) or (b)(i) for up to 3 design reviews of the development to which the application relates —\n\n(a) the Commission must refund the fee if the Commission is satisfied that none of the design reviews were started before the application was withdrawn; or\n\n(b) the Commission may refund the fee (in whole or in part) if the Commission is satisfied that —\n\n(i) a design review was started before the application was withdrawn; and\n\n(ii) none of the design reviews were completed before the application was withdrawn.\n\n(4) If the applicant paid the design review fee set under clause 4(4)(a)(ii) or (b)(ii) for a design review of the development to which the application relates —\n\n(a) the Commission must refund the fee if the Commission is satisfied that the design review was not started before the application was withdrawn; or\n\n(b) the Commission may refund the fee (in whole or in part) if the Commission is satisfied that —\n\n(i) the design review was started before the application was withdrawn; and\n\n(ii) the design review was not completed before the application was withdrawn.\n\n##### 7. Refund of fees if design review not conducted\n\n(1) This clause applies to each of the following applications —\n\n(a) a significant development application;\n\n(b) an application to amend an approval.\n\n(2) If the applicant paid the design review fee set under clause 4(4)(a)(i) or (b)(i) for up to 3 design reviews of the development to which the application relates, the Commission must refund the fee if the Commission is satisfied that —\n\n(a) none of the design reviews will be conducted; or\n\n(b) none of the design reviews were conducted by the time the application was determined.\n\n(3) If the applicant paid the design review fee set under clause 4(4)(a)(ii) or (b)(ii) for a design review of the development to which the application relates, the Commission must refund the fee if the Commission is satisfied that —\n\n(a) the design review will not be conducted; or\n\n(b) the design review was not conducted by the time the application was determined.\n\n(4) This clause does not apply if the applicant withdraws the application.\n\nSchedule 1 — Fees\n\n[cl. 4]\n\n[Heading inserted: SL 2025/125 cl. 4.]\n\n| **Item** | **Application** | **Fee** |\n| --- | --- | --- |\n| 1. | Significant development application for which the estimated cost of the development is — |  |\n|  | (a) less than $2 million | $11 057 |\n|  | (b) not less than $2 million but less than $5 million | $16 851 |\n|  | (c) not less than $5 million but less than $10 million | $25 683 |\n|  | (d) not less than $10 million but less than $15 million | $36 170 |\n|  | (e) not less than $15 million but less than $20 million | $42 648 |\n|  | (f) not less than $20 million but less than $50 million | $47 059 |\n|  | (g) not less than $50 million | $69 382 |\n| 2. | Application to amend an approval | $311 |\n| 3. | Application to cancel an approval | $311 |\n\n\n[Schedule 1 inserted: SL 2025/125 cl. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Planning and Development (Part 11B Fees) Notice 2024* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Planning and Development (Part 11B Fees) Notice 2024* | SL 2024/28 21 Feb 2024 | 1 Mar 2024 (see cl. 2) |\n| *Planning and Development (Part 11B Fees) Amendment Notice 2025* | SL 2025/125 27 Jun 2025 | cl. 1 and 2: 27 Jun 2025 (see cl. 2(a));   Notice other than cl. 1 and 2: 1 Jul 2025 (see cl. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplication to amend an approval 3(1)\n\napplication to cancel an approval 3(1)\n\nappropriate design reviewer 3(1)\n\ndesign review fees 3(1), 4(4)\n\nGovernment Architect 3(1)\n\nregistered community housing provider 3(1)\n\nregistered not-for-profit entity 3(1)\n\nState Design Review Panel 3(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose of setting fees for significant development applications and related processes under Part 11B of the Planning and Development Act 2005. The 2025 amendment (SL 2025/125) merely inserted the fee amounts into Schedule 1, which were presumably placeholders in the original 2024 version. The scope has not expanded beyond administrative fee-setting for the designated application types."},"complexity_factors":["Straightforward fee schedule with clear dollar amounts in Schedule 1","Only 8 defined terms in clause 3(1), with minimal cross-referencing to the parent Act","Simple conditional logic for design review fees (tiered pricing after 3 reviews)","Clear refund provisions with binary conditions (started/not started, completed/not completed)","Single straightforward concession (50% reduction) for two specific entity types","No nested exceptions or complex temporal provisions","Short document (8 pages) with single-purpose focus on fee-setting"],"plain_english_summary":"This Western Australian regulation sets out the fees that must be paid when applying for approval of major building projects (called \"significant developments\"), or when seeking to change or cancel an existing approval.\n\n**Who it affects:**\n- **Property developers** proposing large-scale projects (costing $2 million or more)\n- **Community housing providers** and **not-for-profit organisations** (who get a 50% discount on fees)\n- The **Western Australian Planning Commission** (which collects the fees)\n- **Design review panels** and the **Government Architect** (who assess the design quality of projects)\n\n**What it does:**\n- **Sets application fees** based on project size, ranging from $11,057 for small projects (under $2 million) up to $69,382 for major developments ($50 million or more)\n- **Charges separate fees for design reviews** — expert assessments of a project's architectural quality. These cost $12,000 per review (or $6,000 for reviews beyond the third) when done by the State Design Review Panel, or $5,000 per review (or $2,500 beyond the third) when done by the Government Architect\n- **Offers refunds** if applications are withdrawn before work starts, or if design reviews don't actually take place\n- **Provides discounts** for affordable housing providers and charities\n\n**Why it matters:**\nThis creates a user-pays system where developers fund the expert assessment of their projects. The design review process ensures major developments meet high architectural standards before approval, while the fee structure aims to prevent frivolous applications and ensure serious proposals only."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. Based on the title alone, a Part 11B Fees Notice would typically have a narrow and specific scope — setting prescribed fees for defined planning processes — with little likelihood of significant scope drift from its original purpose. However, this is inference only."},"complexity_factors":["No actual legislative content is available to analyse — the source page returned a 404-style error","Only the title and a broken-link notice were provided","Any complexity assessment would be speculative based solely on the instrument's title"],"plain_english_summary":"This Notice would set the fees payable under Part 11B of the Planning and Development Act 2005 (WA), governing development assessment panels and related planning applications. It primarily affects developers, landowners and planning consultants who lodge applications subject to those panels.\n\nThe actual instrument text is unavailable (webpage returns “page no longer available”), so the specific fee amounts and details cannot be examined here."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The 2025 amendment (SL 2025/125) inserted Schedule 1 and related headings setting specific fee amounts and tiering for significant development applications and recorded the amended commencement details (see Schedule 1 insertion notes and compilation table). That amendment updated the practical scope by fixing the monetary fees and tier structure established under cl.4."},"complexity_factors":["Multiple tiered fee bands for significant development applications based on estimated cost (Schedule 1; cl.4(1), Schedule 1).","Separate design‑review fee structure depending on the reviewer: State Design Review Panel vs Government Architect, with stepped charges after the 3rd review (cl.4(4)).","Different payer depending on context: prospective applicant for voluntary review, applicant when Commission requests review, and applicant for amendments (cl.4(6)).","50% fee reduction for registered community housing providers and registered not‑for‑profit entities, altering effective price schedule for those entities (cl.5).","Refund regime mixes mandatory refunds and Commission discretion depending on whether reviews were started or completed and whether the application was withdrawn (cls.6–7).","Cross‑references to multiple provisions of the Planning and Development Act 2005 and subordinate regulations (eg. sections 171H, 171P; Planning and Development (Significant Development) Regulations 2024) increase interpretive dependence (cl.3(2), cl.4(3)).","Commencement linkage to another Act provision (commences when s.11 of the Planning and Development Amendment Act 2023 operates) may affect timing (cl.2).","Amendment and compilation history requires reading inserted headings and schedules to determine current fees (compilation notes; SL 2025/125 references)."],"plain_english_summary":"Sets the fees charged by the Planning Commission for significant development applications, and for applications to amend or cancel approvals, and prescribes separate design‑review charges depending on whether the State Design Review Panel or the Government Architect conducts the review (cl.4). Fees are payable to the Commission; registered community housing providers and registered not‑for‑profit entities pay 50% (cl.5). The notice also sets out when the Commission must or may refund fees for withdrawn applications or design reviews not conducted (cls.6–7)."}},"importantCases":[],"_links":{"self":"/api/acts/planning-and-development-part-11b-fees-notice-2024","history":"/api/acts/planning-and-development-part-11b-fees-notice-2024/history","analysis":"/api/acts/planning-and-development-part-11b-fees-notice-2024/analysis","conflicts":"/api/acts/planning-and-development-part-11b-fees-notice-2024/conflicts","importantCases":"/api/acts/planning-and-development-part-11b-fees-notice-2024/important-cases","documents":"/api/acts/planning-and-development-part-11b-fees-notice-2024/documents"}}