Planning and Development (Significant Development) Regulations 2024

Prescribed significant development: Regulation 5 defines the classes of development treated as “prescribed significant development” for the purposes of s 171I(1) of the Act. The basic cost thresholds are $20 million for development in the Swan Valley Planning Scheme area (regulation 5(2)(a)) and for development in areas covered by the Metropolitan Region Scheme or Peel Region Scheme (regulation 5(2)(b)(i)), and $5 million for other areas (regulation 5(2)(c)(i)). There are alternative capture routes based on use and location for lower cost developments: developments that include multiple dwellings with at least 5% provided as community housing by a registered community housing provider (the definitions of community housing and registered community housing provider are imported from the Development Assessment Panels Regulations 2011) and which meet density and location criteria are also prescribed significant developments even if below the monetary threshold (regulation 5(3) and (4)). Those density and location criteria reference the R‑Codes and local planning scheme zoning (regulation 5(3)(c) and (4)(c)), railway station proximity (800m) and being within a defined activity centre (regulation 5(3)(d) and (4)(c)). The amended regulation 5 (inserted SL 2025/14) also ties capture to local commercial/centre/mixed‑use zoning in some cases (regulation 5(4)(c)).

Design review: “Design review” is a defined concept in the Act (regulation 3(2) imports the definition from s 171H(1) of the Act) and these regulations allow the Commission to require a design reviewer to carry out a review either before an application is made (regulation 6(1)(b)) or after lodgement (regulation 12(1)). The Commission may specify the matters to be considered in a design review and the reporting form (regulations 6(2) and 12(2)). The regulations therefore create a two‑stage model for design scrutiny: pre‑application and post‑lodgement, at the Commission’s discretion.

Pre‑application consultation and owner authorisation: Applicants must consult with the Commission prior to making an application and must obtain any Commission‑required design review (regulation 6(1)). A significant development application must be signed by the owner of the land (regulation 7(1)). Regulation 7(2) lists who may sign for freehold land , the owner as defined by the Local Planning Schemes Regulations, an authorised strata company, a community corporation under the Community Titles Act 2018, a person authorised under another written law, or an agent (regulation 7(2)(a)-(e)). The note cross‑references s 267A of the Act for signing in the State’s name for Crown land.

Procedural timelines and interaction with further information requests: On receipt of an application the Commission must decide whether the application complies with the regulations and Commission requirements and must notify the applicant in writing within seven days either that it has been accepted for assessment or that the applicant must amend the application (regulation 9(1)(a)-(b)). If the Commission does not advise within seven days the application is taken to be accepted for assessment (regulation 9(2)). Once accepted, the Commission may request further documents or information by written notice and must specify a period of at least 21 days for provision of that material (regulation 10(1) and (3)). The applicant may agree to or refuse that request within seven days of the request (regulation 11(1)). If the applicant agrees, the period during which the applicant has agreed to provide the information is excluded from the calculation of the statutory determination period under s 171T(1) and regulation 16 (regulation 11(3)-(4)). If the applicant refuses, the Commission may not decline to determine the application merely because the applicant refused the request, and the statutory determination period is not suspended (regulation 11(5)).

Consultation obligations and public advertising: The Commission must consult the Minister and, if required by the Minister, give the Minister a reasonable opportunity to make submissions and must have due regard to any such submissions (regulation 13(2)). Specified statutory consultees are the Heritage Council where heritage places may be affected and the Swan River Trust where land abuts or is within that development control area or where waters may be affected; the Commission must have due regard to submissions or advice from those bodies (regulation 13(3)). The Commission must give the relevant local government an opportunity to make submissions in a Commission‑specified period and must have due regard to any submissions made (regulation 13(4)). The Commission must advertise the application in the manner it considers appropriate, specify a submissions period and have due regard to submissions (regulation 13(5)). Where no submission is made within the specified period the Commission may proceed on the basis no submission exists (regulation 13(6)).

Decision period and extensions: The Commission must determine a significant development application within 120 days of acceptance for assessment, subject to any written longer period agreed between the applicant and the Commission (regulation 16).

Closed meetings: Regulation 18 lists matters for which meetings need not be open to the public under s 171ZB(3) of the Act, including legal advice and commercially sensitive information or matters that could reasonably be expected to impair enforcement methods, endanger security or prejudice public safety protections (regulation 18(1)(a)-(c)). The regulation clarifies that subregulation (1)(b) does not apply to a trade secret held by the Commission (regulation 18(2)).

Applicants and prospective applicants: The regulations primarily affect anyone proposing development that meets the monetary, use or locational thresholds in regulation 5. That includes developers proposing large‑scale commercial, mixed‑use or residential schemes in the Metropolitan Region Scheme, Peel Region Scheme, Swan Valley Planning Scheme or other areas where the lower $5 million threshold applies (regulation 5(2)). Applicants for multiple dwelling developments may also be caught where the development includes at least 5% community housing provided by a registered community housing provider and meets the density/location rules (regulation 5(3)-(4)).

Landowners and titles bodies: A significant development application must be signed by the owner of the land (regulation 7(1)). Where land is strata or community titled, a strata company or community corporation may sign the application only if authorised under scheme by‑laws (regulation 7(2)(b)-(c)). Leasehold schemes require written consent of the owner of the leasehold scheme for a strata company to act (regulation 7(2)(b)(ii)). Agents may sign for owners under regulation 7(2)(e). Crown land is addressed by reference to s 267A of the Act in the notes to regulation 7.

Registered community housing providers and social housing providers: The multiple‑dwelling capture route in regulation 5(3)-(4) specifically imports the definitions of “community housing” and “registered community housing provider” from the Development Assessment Panels Regulations 2011 (regulation 5(1)). That creates an explicit role for registered community housing providers as a factor that can trigger Commission jurisdiction even for developments that might otherwise be below monetary thresholds.

The Western Australian Planning Commission: The Commission is the procedural gatekeeper. It decides pre‑application requirements, can require a design review, assesses whether a lodged application is formally acceptable within seven days, can request further information, arranges consultation and advertising, may require applicants to pay for advertising or erect signage (regulations 6, 9-15), and determines applications within statutory time limits (regulation 16). The Commission also has discretion about how to carry out advertising and which additional persons or bodies to consult (regulation 13(5) and regulation 14).

Minister and statutory advisers: The Minister for Planning is to be consulted and may be given a reasonable opportunity to make submissions; the Commission must have due regard to Ministerial submissions (regulation 13(2)). Heritage Council and Swan River Trust have prescribed consultation roles in heritage and Swan River contexts (regulation 13(3)). Local governments are given an express opportunity to make submissions for the district in which the development is proposed (regulation 13(4)).

Design reviewers: The regulations envisage involvement of “appropriate design reviewers” as defined in the Act and allow the Commission to require a design review before application lodgement (regulation 6) or after lodgement (regulation 12). The Commission may also specify what matters the reviewer must consider and the form of their report (regulation 6(2) and regulation 12(2)).

Members of the public and specific community groups: The public may be invited to make submissions when the Commission advertises an application; the Commission specifies the period and manner of advertising (regulation 13(5)). Where no response is received within the specified advertising period, the Commission may proceed on the basis no submission exists (regulation 13(6)). The regulations therefore affect resident groups, nearby businesses and other stakeholders who rely on public consultation processes.

Other consultees: Regulation 14 expressly permits the Commission to consult any other person or body it considers appropriate and to set submission periods. This catches utility providers, environmental authorities, Aboriginal heritage stakeholders, consultants and other technical advisers in practice, depending on the subject matter of the proposal.

Finance providers and contractors: While not named, developers’ financiers and contractors will be affected operationally by pre‑application design reviews, timeframes for determination and the potential for Commission‑imposed advertising costs or site signage obligations (regulations 6, 10-11, 15-16). These procedural steps affect project timetables and conditionalities in financing and contracting.

Applicant duties and rights

• Pre‑application consultation: A prospective applicant must consult with the Commission before lodging a significant development application and, if the Commission requires, must request a design reviewer nominated by the Commission to carry out a design review (regulation 6(1)). The Commission may specify what the design review must consider and the form of its report (regulation 6(2)). This is a pre‑condition to lodging an application.
• Signing and authorisation: Applications must be signed by the landowner (regulation 7(1)). For freehold land, who qualifies as owner is specified (regulation 7(2)): the formal owner as defined in the Local Planning Schemes Regulations, a strata company or community corporation authorised under scheme by‑laws, a person authorised under other written law, or an agent. The note references s 267A of the Act for Crown land signatories.
• Responding to requests for further information: If, after acceptance, the Commission issues a written request for further documents or information it must allow at least 21 days for provision (regulation 10(3)). The applicant has seven days to agree or refuse the request in writing (regulation 11(1)). If the applicant agrees, the period during which the applicant supplies the material is excluded from the statutory 120‑day determination clock (regulation 11(3)-(4)). If the applicant refuses or fails to respond within seven days, they are taken to have refused and the Commission may not refuse to determine solely because of that refusal (regulation 11(2), (5)(a)). A refusal does not pause the determination clock (regulation 11(5)(b)).
• Advertising costs and signage: The applicant may be required to pay the Commission’s advertising costs or to erect signage giving notice of the development in lieu of Commission‑erected signs (regulation 15).

Commission duties and rights

• Initial compliance check and seven‑day notice: On receipt the Commission must assess whether the application complies with the regulations and Commission requirements and must notify the applicant in writing within seven days either that it has accepted the application for assessment or that amendments/additional documents are required (regulation 9(1)(a)-(b)). Silence beyond seven days means deemed acceptance (regulation 9(2)).
• Power to request further information: The Commission may request further documents/information after acceptance, specify at least 21 days for provision and may make more than one request (regulation 10(1), (3), (5)). The Commission and applicant may agree to extend that period (regulation 10(4)).
• Power to require and specify design review: The Commission may require an appropriate design reviewer to conduct a design review either before application or at any time after application is made (regulations 6(1)(b) and 12(1)). The Commission may specify matters to be considered and the form of the report (regulations 6(2) and 12(2)).
• Consultation and advertising: The Commission must consult the Minister (and allow a reasonable opportunity for Ministerial submissions where required) and must consult the Heritage Council and Swan River Trust where prescribed circumstances apply; it must give local government an opportunity to make submissions and must advertise the application as it considers appropriate (regulation 13). The Commission must have due regard to submissions from these bodies and the public (regulation 13(2)-(5)). The Commission may proceed on the basis no submission exists where none is made in the specified period (regulation 13(6)).
• Cost recovery and signage: The Commission may require the applicant to pay advertising costs or to erect signage (regulation 15).

Statutory timing

• Determination period: The Commission must determine a significant development application within 120 days after acceptance for assessment unless a longer time is agreed in writing between the applicant and the Commission (regulation 16). The applicant’s agreement to provide requested information suspends the running of that period while the applicant supplies the material (regulation 11(3)).

Rights of third parties and consultees

• Opportunity to make submissions: Local government, the Minister, the Heritage Council, the Swan River Trust and members of the public have opportunities to make submissions within periods specified by the Commission (regulation 13(2)-(5)). The Commission must have due regard to such submissions but the regulations do not create a private right to veto outcomes; the Commission’s statutory duties set the weight to be accorded (regulation 13(2)(c), (3)(c), (4)(b), (5)(c)).
• Public meetings and confidentiality: The Commission may hold meetings closed to the public for legal advice, trade secrets, commercially valuable information or matters affecting enforcement, security or public safety; commercial confidentiality does not extend to trade secrets held by the Commission itself (regulation 18(1)-(2)).

Interaction with other statutory frameworks

• The regulations repeatedly import and cross‑reference definitions and procedural interactions with other planning legislation and instruments, meaning rights and duties under those instruments are operative , for example the R‑Codes and local planning schemes definitions used to determine whether a multiple dwelling development falls within the prescribed class (regulation 5(1), 5(3)(c)-(d), 5(4)(c)).

The regulations themselves do not create offences, penalties or explicit enforcement sanctions. A reading of the text shows no provision imposing fines, criminal sanctions or administrative penalties. Enforcement and remedies for procedural failure will therefore primarily be governed by the Act under which these regulations are made (the Planning and Development Act 2005) and by general administrative law principles, but specific penalty mechanisms are not contained in these regulations.

What the regulations do provide with respect to enforceable actions are procedural controls and discretionary powers exercisable by the Commission that have practical enforcement effects:

• The Commission may refuse to accept an application for assessment until required amendments or additional documents are provided; this is a procedural refusal rather than a penal sanction (regulation 9(1)(b) and 9(3) for amended applications).
• The Commission may request further documents or information and may make multiple requests; the Commission must specify a period of at least 21 days for compliance (regulation 10). If the applicant agrees to the request, the statutory determination period is suspended for the period specified under regulation 11(3)-(4). If the applicant refuses the request, the Commission must not refuse to determine merely because of the refusal (regulation 11(5)(a)), but the Commission retains the power to determine without the requested material.
• The Commission may require the applicant to pay advertising costs or to erect signage; these are cost recovery powers rather than penalties (regulation 15).
• Determination timeframes: the 120‑day determination period (regulation 16) is set as the timeframe within which the Commission must determine an application, subject to written extensions. Failure to meet statutory timeframes may have consequences under the Act (for example, deemed decisions, or entitlement to appeal or review) but those consequences are governed by the Act and are not specified in the regulations themselves. Practitioners must therefore consult the Act to identify remedies tied to statutory timeframes and any appeal or review rights.

Administrative law remedies and review: These regulations create procedural obligations on the Commission (for example, to have due regard to submissions from the Minister, Heritage Council, Swan River Trust and local government (regulation 13)). If those obligations are not followed, affected parties may have administrative law remedies (judicial review) available under general principles, but the regulations do not specify review pathways or time limits. The compilation and note sections do not record litigation history or specific enforcement actions under the regulations.

In short, enforcement under these regulations is effected through procedural controls and Commission powers rather than by criminal or fixed monetary penalties contained in the regulations themselves. For any sanctions or remedies beyond procedural measures, the Act and wider administrative and planning law frameworks must be consulted.

Cross‑referencing of definitions and instruments: The regulations repeatedly import terms and meanings from other planning statutes and regulations. Regulation 5(1) expressly pulls in the meaning of “commercial, centre or mixed use zone” and “R‑Codes” from the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 1, and “community housing” and “registered community housing provider” from the Planning and Development (Development Assessment Panels) Regulations 2011 regulation 3(1). Regulation 7(2) references the Strata Titles Act 1985 and the Community Titles Act 2018 for strata company and community corporation meanings and authorisation. The note to regulation 7(2) references s 267A of the Act for signatories for Crown land. Practitioners must therefore check each external instrument to determine whether a development meets the prescribed significant development criteria or whether an applicant is properly authorised to sign.

Interplay with local planning instruments: Whether a development is prescribed significant under the multiple‑dwelling routes depends on the “applicable planning instrument” not prohibiting multiple dwellings (regulation 5(3)(b) and 5(4)(b)), and on scheme designations (R‑codes, or whether land is designated as a commercial/centre/mixed‑use zone under a local planning scheme (regulation 5(3)(c) and 5(4)(c))). Thus the regulations operate in tandem with local planning schemes and their zoning and density codings to determine whether the Commission must handle an application as a significant development. Practitioners must therefore check relevant local planning schemes and R‑Codes to determine capture.

Heritage and river protection regimes: Regulation 13(3) requires the Commission to consult the Heritage Council if the proposed development would or would likely affect registered places, places subject to protection orders or heritage agreements under the Heritage Act 2018. Regulation 13(3)(b) requires consultation with the Swan River Trust where the development is partly in or abuts the Swan and Canning Rivers management Act development control area or would affect waters in that area. These consultation requirements embed heritage and river protection statutory regimes into the Commission’s assessment process; any statutory approvals, protections or obligations that arise under those Acts remain binding on proponents and the Commission must have due regard to their submissions (regulation 13(3)(c)).

Administrative law and ministerial inputs: The Commission must consult the Minister and, if required by the Minister, provide a reasonable opportunity for the Minister to make submissions; it must have due regard to any such submissions (regulation 13(2)). That creates a channel for Ministerial input into significant development assessments, operating alongside statutory consultation obligations to other bodies.

Design review and professional standards frameworks: The regulations import the Act’s definition of “design review” and allow the Commission to require design reviews by appropriate design reviewers, and to specify the matters and report form (regulations 6 and 12 and regulation 3(2) which imports s 171H(1)). Design review bodies may be constituted under separate contractual or professional arrangements; the regulations do not set professional standards but give the Commission the power to set the scope of the review and the report form, which creates an interface between Commission procedure and professional design review processes.

Interaction with the Act’s procedures and remedies: The regulations operate under specified Act sections (for example s 171I(1), s 171N(1), s 171P(1), s 171T(1), s 171X(2), s 171ZD(2)(c), s 171Q, s 171ZB(3)), and make procedural provision under those sections (see regulation 8 and the notes). For consequences of failing to meet timeframes, for appeals, merits review or other statutory remedies, the Act itself must be consulted; these regulations address the mechanics of procedure rather than substituting or superseding the Act’s statutory remedies.

Amendment and commencement sequencing: The compilation table and insertion note show that regulation 5 was amended by SL 2025/14 and that the amendment has staged commencement dates (insertion noted at regulation 5 and compilation table). Practitioners must confirm which version of regulation 5 is in force for a given application date because amendment timing affects capture thresholds and the locational/density tests.

Other procedural laws: Regulation 18 provides for closed meetings under s 171ZB(3) of the Act for matters such as legal advice, commercial information and law enforcement methods. This interacts with administrative transparency obligations and other public records or open meeting provisions in other statutes or local government rules. Where the Commission elects to close meetings under regulation 18, the interplay with freedom of information or other disclosure obligations may arise, but the regulations do not themselves address those other disclosure regimes.

In summary, these regulations are procedural and definitional, and they operate as part of a network of planning statutes, local planning instruments, heritage and river protection laws and administrative law principles. Any practical application requires checking the referenced external instruments and the Act for substantive approvals, penalties or rights of review.

This instrument was originally made as the Planning and Development (Significant Development) Regulations 2024 and commenced on 1 March 2024 (regulation 2). The published compilation table included with the instrument records a subsequent amendment, the Planning and Development (Significant Development) Amendment Regulations 2025, SL 2025/14. The compilation table records the following commencement pattern for the amendment: regulations 1 and 2 of SL 2025/14 commenced on 22 January 2025; the remainder of the amendment commenced on 30 May 2025 (compilation table). Regulation 5 carries an insertion note stating that regulation 5 was inserted by SL 2025/14 r. 4.

Substantive change recorded in the published text relates to regulation 5. The insertion note indicates that regulation 5 was amended by SL 2025/14. The current regulation 5 (as presented) includes a new subregulation 5(4) which prescribes an alternative capture route for multiple dwelling developments where the applicable planning instrument does not prohibit multiple dwellings and the development is in, or within 800 metres of, an area identified under a local planning scheme as a commercial, centre or mixed use zone (regulation 5(4)(a)-(c)). That addition refines the locational tests that trigger Commission jurisdiction for multiple dwelling developments with community housing components. The insertion note makes express reference to this change.

Practitioners must be attentive to the staged commencement information in the compilation table because the amendment’s operative provisions came into force on two different dates: administrative or formal provisions (r 1 and r 2) from 22 January 2025 and the rest of the amendment from 30 May 2025. The regulation text includes an explicit notation that regulation 5 was inserted by SL 2025/14 r.4, which indicates that the alteration to capture thresholds and locational criteria should be read as the operative provision after the second commencement date.

The regulations also contain several cross‑references to other instruments that can themselves be amended independently and that define key terms used in these regulations (for example the Planning and Development (Local Planning Schemes) Regulations 2015, the Planning and Development (Development Assessment Panels) Regulations 2011, the Strata Titles Act 1985 and the Community Titles Act 2018). Changes in those external instruments can affect how regulation 5 or regulation 7 operate in practice.

The compilation notes state that the regulations include amendments made by other written laws and advise readers to check the compilation table for provisions that have come into operation. The instrument carries the standard statutory attribution and Creative Commons licensing notes.

For practitioners advising clients on whether a development is a prescribed significant development or on procedural compliance, the change to regulation 5 introduced by SL 2025/14 is likely to be material because it alters the locational capture of multiple dwelling developments. Confirming the operative version of regulation 5 on an application date is thus necessary.

The published text of the Planning and Development (Significant Development) Regulations 2024, including the compilation table and amendment notes, does not record any judicial or tribunal decisions concerning these regulations. There are no cases named, no reported litigation history entries in the instrument itself, and no notes to the regulations that summarise any legal challenges or authorities interpreting the regulations.

Because these regulations operate as procedural rules under the Planning and Development Act 2005 (see regulation 8 which cites s 171ZD(2)(c) and notes that s 171Q of the Act applies to the regulations in Part 3), any litigation or review outcomes that might arise would be expected to appear in case law addressing the Act’s provisions (for example s 171P, s 171T, s 171N, s 171I etc.) or challenging administrative decisions by the Commission. The regulations themselves do not list any cases or judicial interpretations.

Practitioners seeking precedents or interpretative authorities should therefore:

• Check decisions under the Planning and Development Act 2005 and associated case law interpreting the Act sections that these regulations implement (for example s 171I, s 171N, s 171P and s 171T). The regulations reference these Act sections but do not provide substantive rules beyond procedure and definitions.
• Monitor tribunal and Supreme Court decisions for disputes about the Commission’s procedural exercise of discretion under the regulations: for example, decisions concerning whether the Commission properly exercised consultation obligations in regulation 13, whether the Commission validly required a design review under regulations 6 or 12, or whether the Commission’s requests for further information under regulation 10 were reasonable.
• Track any litigation about deemed acceptance rules: regulation 9(2) provides that failure by the Commission to give advice within seven days means the application is taken to be accepted for assessment. A dispute could arise in practice about the meaning of “received” or whether a notice was effectively given, but no decisions on those points are recorded in the instrument.

Because the instrument contains no litigation history, any assessment of legal risk should assume that key points of ambiguity could be litigated in the future and practitioners should consult contemporaneous case law and administrative review decisions. The regulations consistently reference the Act for substantive and review mechanisms, so the Act and its recorded cases are the natural source for precedential guidance.

Time counting and excluded holiday days: Regulation 3 defines “excluded holiday period day” as days between 25 December and 1 January inclusive and the seven days beginning on Good Friday. Regulation 4 then provides that excluded holiday period days are not counted when calculating any period expressed as a number of days under these regulations. Practitioners who simply count calendar days may be surprised when statutory periods lengthen over Christmas/New Year or Easter. Apply regulation 4 whenever computing the seven‑day acceptance period under regulation 9(1)(b), the 21‑day minimum for requests under regulation 10(3), the seven‑day applicant response window under regulation 11(1) and the 120‑day determination period under regulation 16.

Deemed acceptance after seven days: Regulation 9(1)(b) requires the Commission to advise the applicant within seven days of receipt whether the application is accepted or must be amended; if the Commission does not advise within seven days the application is taken to be accepted for assessment on the day after that period (regulation 9(2)). That deemed acceptance can trigger the 120‑day determination clock under regulation 16. Applicants should monitor communications and preserve proof of lodgement and service dates to rely on deemed acceptance where the Commission is silent.

Pausing and not pausing the determination clock: If, post‑acceptance, the Commission requests further documents and the applicant agrees, the period during which the applicant agrees to provide the documents is excluded from the statutory determination period (regulation 11(3)-(4)). However, if the applicant refuses the request (or does not respond within seven days), the Commission must not refuse to determine the application merely because of that refusal and the determination period is not suspended (regulation 11(5)). Practically, agreeing to requests can extend the effective assessment timeline, and refusing requests can leave the application to be decided without additional material but still within the same statutory period. Applicants should therefore weigh the benefits of agreeing to pause the clock to provide supporting material against the cost in lost certainty about timing.

Ambiguities in “owner” and authorised signatory: Regulation 7(1) states the application must be signed by the owner of the land, and regulation 7(2) enumerates who may sign for freehold land (owner as defined in the Local Planning Schemes Regulations, an authorised strata company, an authorised community corporation, a person authorised under other written law, or an agent). The regulations reference other statutes for definitions and authorisation. Practitioners should confirm the exact identity of the owner and any by‑laws or written law authorising strata companies or community corporations to act (regulation 7(2)(b)-(c)). For leasehold strata schemes, a strata company needs the written consent of the owner of the leasehold scheme (regulation 7(2)(b)(ii)). Failure to secure correct authorisation can lead to formal non‑acceptance under regulation 9(1)(b).

Design review scope and timing traps: The Commission can require a design review before application under regulation 6(1)(b) and may also request a design review anytime after lodgement under regulation 12(1). The Commission may set the matters to be considered and the form of the report (regulation 6(2) and 12(2)). Practitioners should therefore not assume that an initial design review suffices for all stages; the Commission can require additional reviews post‑lodgement and specify report formats that do not align with an earlier independent review.

Public consultation and advertising costs: The Commission must advertise applications as it considers appropriate (regulation 13(5)) and may require the applicant to pay advertising costs (regulation 15(1)). Moreover, where advertising involves erection of signs the Commission can instead require the applicant to erect those signs (regulation 15(2)). Budgeting must therefore include potential third‑party advertising fees and sign‑erection costs, and timelines must allow for the Commission’s chosen advertising methods.

Capture criteria for multiple dwellings are precise and multi‑part: The regulation 5 capture routes for multiple dwellings require a conjunctive mix of conditions: at least 5% of multiple dwellings provided as community housing by a registered provider, the applicable planning instrument not prohibiting multiple dwellings, certain density or non‑density coding, and either proximity to rail (800 metres) or inclusion in a relevant activity centre (regulation 5(3) and 5(4)). Missing any conjunctive element can alter whether the Commission considers the matter significant. Practitioners must check scheme provisions (including whether multiple dwellings are prohibited), R‑Codes, local planning scheme zoning, and the activity centre designations in State Planning Policy 4.2 Appendix 1 to determine capture.

Local government and other consultees are given “due regard” but not veto: Regulation 13 requires the Commission to have due regard to submissions by the Minister, Heritage Council, Swan River Trust, local government and the public, but it does not confer a veto. Applicants should nonetheless expect substantive input from these consultees and may need to negotiate or amend proposals to satisfy them.

Minor amendments have a lighter consultation pathway but are discretionary: For applications to amend or cancel development approvals under s 171X(2), Parts 2 and 3 and regulation 16 apply with necessary modifications (regulation 17(1)). However, if the Commission considers the amendment minor, it need not comply with regulation 13 requirements (regulation 17(2)(a)) though it may do so if it considers appropriate (regulation 17(2)(b)). The risk here is variation in how the Commission defines “minor” amendments in practice.

Confidentiality limits: Regulation 18 permits closed Commission meetings for legal advice and commercially sensitive information, but subregulation 18(2) makes clear that trade secrets held by the Commission are not covered by that confidentiality carve‑out. Parties submitting commercially sensitive material should not assume absolute confidentiality and should check whether material may be used in closed meetings.

Amendment timing: The amendment to regulation 5 was introduced by SL 2025/14 with staged commencement dates recorded in the compilation table. Practitioners advising across the amendment window must confirm which version applies on the applicable dates because the capture criteria for multiple dwellings changed (see the compilation table and the insertion note to regulation 5).

Pre‑application steps

1. Determine if the proposal is a “prescribed significant development” under regulation 5. Check the monetary thresholds ($20m in Swan Valley area or MRS/Peel Region Scheme areas; $5m elsewhere) and the alternative capture routes for multiple dwellings with community housing components (regulation 5(2)-(4)). This requires inspecting local planning schemes, the R‑Codes, State Planning Policy 4.2 Appendix 1 for activity centres, and whether multiple dwellings are prohibited in the applicable planning instrument (regulation 5(3)(b), 5(4)(b) and 5(1)).

2. Engage the Commission early. Regulation 6(1)(a) requires the prospective applicant to consult with the Commission before making a significant development application. Organise a pre‑lodgement meeting and confirm whether the Commission will require an appropriate design reviewer (regulation 6(1)(b)). If required, request the nominated reviewer and confirm the scope and form of the report the Commission will expect (regulation 6(2)).

Authorisation and signatory checks

3. Ensure the application is signed by the correct owner or authorised signatory. Regulation 7(1) mandates the owner signature. For freehold land confirm whether the signatory qualifies under regulation 7(2)(a)-(e): owner as defined in the Local Planning Schemes Regulations, authorised strata company with proper scheme by‑laws (and consent from leasehold owner where applicable) (regulation 7(2)(b)(i)-(ii)), authorised community corporation (regulation 7(2)(c)), person authorised under another written law (regulation 7(2)(d)), or an agent (regulation 7(2)(e)). For Crown land, check s 267A of the Act as noted in regulation 7.

Lodgement and immediate post‑lodgement actions

4. Lodge complete application materials. On receipt the Commission must check compliance and must notify the applicant in writing within seven days whether the application is accepted for assessment or needs amendment (regulation 9(1)(a)-(b)). Ensure accurate address and contact details for service and retain proof of lodgement and all communications, because if the Commission fails to give advice within seven days the application is taken to be accepted for assessment (regulation 9(2)).

5. If the Commission requests amendments under regulation 9(1)(b), amend and re‑lodge promptly. If further amendments are made after a defect notice, regulation 9(3) applies “as if references to the receipt of the application were to the receipt of the amended application.”

Responding to information requests

6. If the Commission issues a request for further documents or information after acceptance, note that the Commission must specify a period of at least 21 days (regulation 10(3)). You have seven days to agree or refuse the request in writing (regulation 11(1)). Decide strategically:

• If you agree to provide the material, be aware the period from agreement until provision of the documents (or until the last day of the period stated in the notice) is excluded from the 120‑day determination period (regulation 11(3)-(4)). Use that suspension purposefully if the information materially improves the application.
• If you refuse, the Commission may not refuse to determine solely because of that refusal and the determination clock continues to run (regulation 11(5)). Consider whether you can robustly defend the application on the currently available material.

Design review compliance

7. Where a design review is required pre‑application or post‑lodgement, comply with the Commission’s specification for matters to be considered and the report form (regulations 6(2) and 12(2)). Obtain the nominated reviewer or an appropriately constituted reviewer as directed by the Commission and ensure the reviewer’s report addresses the Commission’s specified matters to avoid the Commission requesting an additional review.

Consultation and advertising obligations

8. Anticipate consultation with third parties. Regulation 13 mandates consultation with the Minister (and the Minister may request to make submissions), to consult the Heritage Council if heritage impacts are likely and the Swan River Trust where the development is in or abuts the defined development control area, and to give the local government an opportunity to make submissions. Prepare correspondence and technical reports (heritage, hydrology, etc.) in advance for these bodies so responses can be timely and substantive (regulation 13(2)-(4)).

9. Budget for advertising and sign costs. The Commission must advertise in a manner it considers appropriate and may require the applicant to pay advertising costs or to erect signs instead of the Commission doing so (regulation 13(5) and regulation 15). Confirm the Commission’s intended advertising method during pre‑application consultation to estimate likely costs and erect signage where required.

Timing and extensions

10. Track statutory clocks and excluded holiday days. The Commission must decide within 120 days after the day the application is accepted for assessment unless a longer period is agreed in writing (regulation 16). Remember excluded holiday period days are not counted for periods expressed as a number of days under these regulations (regulations 3-4). If a longer assessment period is likely, negotiate and obtain a written extension from the Commission to avoid surprises (regulation 16(b)).

Amendments and cancellations

11. For applications under s 171X(2) to amend or cancel an approval, follow Parts 2 and 3 and regulation 16 with necessary modifications (regulation 17(1)). If the Commission considers an amendment minor, consultation under regulation 13 is not required, but the Commission may elect to carry it out (regulation 17(2)). Confirm with the Commission at the outset whether the amendment will be treated as minor.

Confidentiality and meetings

12. If submitting commercially sensitive or legally privileged material, note regulation 18 lists matters for which meetings need not be open to the public, including legal advice and commercial information, but the Commission may still treat trade secrets differently where the Commission itself holds them (regulation 18(1)-(2)). Seek clarity from the Commission about handling of confidential material and consider labelling and a written request that certain documents be treated confidentially, while recognising the limits set out in regulation 18.

Record keeping and proof

13. Maintain contemporaneous records: proof of pre‑application consultation, the Commission’s design review nomination and report, communications about acceptance or defect notices within seven days, any requests for further information (with dates and prescribed timeframes), written agreements to extend assessment time, advertising and signage costs invoices, and responses to submissions from the Minister, Heritage Council, Swan River Trust and local government. These records are essential for demonstrating compliance with procedural steps and for any subsequent review or enforcement interaction.

Check external instruments and amendments

14. Before lodging, check the operative versions of the Local Planning Schemes Regulations, R‑Codes, Development Assessment Panels Regulations and local planning schemes as they affect capture and authorisation. Also check the compilation table and commencement dates for any amendments (for example SL 2025/14 inserted regulation 5 amendments) to ensure the correct statutory text applies to the application timing.

By following the pre‑application consultation duty, confirming signatory authority, planning for potential design review and additional information requests, budgeting for advertising/signage, monitoring statutory timelines and excluded holiday days, and maintaining robust records, applicants can align practice with the procedural obligations and rights set out in the regulations (see regulations 3-16, 18).