What is a Development Application (DA)?

A Development Application (DA) is an application made to the City seeking consent to carry out development including construction, demolition, change of use, display of advertising, subdivision, or making alterations or additions to a property or premises. A DA is required so that the City can assess the likely impacts of a proposal. 

Why has the City allowed this application to be proposed?

The City cannot refuse to accept an application for assessment. The City must follow the correct assessment process and will assess the application according to the planning process and make a recommendation with the final decision made by the Metro Central Joint Development Assessment Panel (DAP).

Who is the developer?

The applicant for this project is Element Advisory Pty Ltd (Element). The development companies are subsidiaries of Finbar Group Ltd (Finbar) – South Perth Civic Triangle Pty Ltd and 1 Mends Street Pty Ltd.

What is the Civic Site?

The Civic Site refers to the land bounded by Labouchere Road, Mends Street and Mill Point Road, South Perth. This land has previously been referred to as the Civic Triangle. The City commenced strategically acquiring the lots that constitute the Civic site in 1986 with the longer term objective and vision to facilitate and enable a vibrant mixed use development that incorporates retail, residential, commercial and public open space on this strategic landmark location. The City ultimately obtained eight of the nine Civic Site lots and sold these eight lots to the Finbar Group Ltd entity South Perth Civic Triangle Pty Ltd, with settlement in September 2014. Australia Post sold the Post Office property to South Perth Civic Triangle Pty Ltd, with settlement in June 2015.

Is this application the same as the previous ‘Civic Heart’ proposal on this site?

The current proposal is a new design and is a separate application to the previous ‘Civic Heart’ proposal on this site. The 2015 approval for the previous ‘Civic Heart’ proposal has expired.

How are the building heights measured?

Tower Height in Storeys:   This calculation is including the enclosed roof top services and the podium levels.

Tower Height in Metres:  This measurement is from the lowest and highest ground level to the highest point of the tower.

AHD:  Refers to the height in metres above Australian Height Datum.

Podium Height in Metres:  This measurement is from the lowest and highest ground level to the top of the perimeter balustrading for the upper roof deck on the podium.

What shadow will the proposed building create?

The application includes Overshadowing Diagrams (Element development application report page 83). 

What about car parking? How will the area cope with all the extra residents and visitors to this proposed development?

All car parking for the development must be contained on site, no reliance on street or other public parking shall be permitted.

What about the extra traffic that will be generated by this proposed development?

The application includes a Traffic Impact Assessment (Appendix G of the Element development application report, pages 143-186).

What effect does Scheme Amendment No. 46 have on this Development Application?

Scheme Amendment No. 46 was approved by the Minister for Planning in January 2017 and the new development controls (Schedule 9A of the City’s Town Planning Scheme No. 6) came into effect in February 2017. The development controls contained in Schedule 9A will not apply to this application as a site specific scheme amendment (Amendment No. 56) was approved in early 2019 which removed the Civic Site from Special Control Area 1. 

What effect does Scheme Amendment No. 56 have on this Development Application?

Scheme Amendment No. 56 was approved by the Minister for Planning on 9 January 2019 and the new development controls will be in effect at the time this application is determined. As a result, the Civic site is now located within the newly created Special Control Area 2 and accordingly the proposed development must comply with the development controls applicable to this site.

Find out more about Scheme Amendment No. 56.

What effect do the South Perth Activity Centre Plan and Scheme Amendment No. 61 have on this Development Application?

The proposed development will not be required to comply with the development controls contained in the draft planning documents for the South Perth Activity Centre. In the event that either the draft Activity Centre Plan or the Scheme Amendment have progressed sufficiently to meet the threshold to be considered as a seriously entertained planning proposal at the time of determination of this application, the DAP will be required to have due regard to these documents when deciding whether to approve or refuse the application.

Find out more about the South Perth Activity Centre Plan.

What effect do the recent planning refusals in the South Perth Station Precinct have on this Development Application?

These other projects, such as the 44 storey proposal refused in December 2018 at the corner of Labouchere Road and Lyall Street, were seeking substantial levels of discretion to the prescribed building height limit (25 or 41 metres). The planning guidelines for these sites did not provide guidance as to ultimately how tall buildings should be and what the future growth should look like and ultimately these projects were deemed not to be compatible with its setting.

The Civic Site has had a site-specific scheme amendment and planning guidelines adopted, which includes a maximum 96 metre building height limit, with scope to consider variations above this height limit. As the planning guidelines have envisaged a landmark development on this site and there are site specific controls for this site, the reasons as to why these other projects were refused are not applicable to this application. The assessment and determination of this application will need to consider the compatibility of the proposed development with its setting and the amenity of the locality.

The City and the DAP will have due regard to all of relevant matters listed in clause 67 of the Deemed Provisions when considering this application.

What is the City’s view of this application – will it be supported?

The City follows a process for each Development Application received. The application must be assessed according to the provisions of the Town Planning Scheme, external referrals will be made, advice will be sought on design quality and the submissions will be considered prior to the City forming a view on this application. A report and recommendation is then presented to the Metro Central Joint Development Assessment Panel (DAP), who is the final decision maker. The City’s responsible authority report (RAR) is published on the DAP’s website at least 7 days prior to the relevant DAP meeting.

What is the Council’s (Elected Members) view of this application – will it be supported?

If requested by Council, the City’s report and recommendation to the DAP is presented to a Council meeting held prior to the DAP meeting. The Council have the opportunity to endorse the City’s recommendation or make an alternative recommendation to the DAP. 

How can I make a submission or be heard by the Council or the Development Assessment Panel (DAP) on this matter?

Submissions can be made via the Submit Your Feedback Online tool, or in writing by email to enquiries@southperth.wa.gov.au.

At the relevant Council meeting and Development Assessment Panel (DAP) meeting, applications can be made to make deputations and speak at the meeting.

When will a decision be made?

This application has a 90 day statutory timeframe from the lodgement date for the DAP to make a decision, which would result in the DAP meeting being held in March 2019. The DAP meeting may be deferred to a later time if further information and /or amended plans are required. The City will advise all submitters of the meeting details once confirmed.

What is the process this application will follow?

1. City receives Development Application (DA)

  • The applicant submits a Development Application (DA) to the City of South Perth.
  • DA is recorded and an initial review is made by a City planning officer.
  • City officer forwards information to the Development Assessment Panel (DAP) at the WA Department for Planning, Lands and Heritage for lodgment.

2. Consultation and referrals

  • CONSULTATION: The DA is advertised according to the City's Consultation Policy P301. Submissions received by the City are collated, summarised and considered by the City planning officer according to the criteria and planning guidelines/schemes.
  • REFERRALS: The DA is referred to internal relevant departments within the City for review and comment.
  • The DA referred to an external group - the City’s Design Review Panel (DRP) for comment on the overall design of the proposed development.
  • The DA is referred to affected state government agencies for comment.
  • Further information or amendments may be requested of the applicant as part of the referrals process.

3. Assessment

  • The City's planning officer conducts an assessment of the proposal against any relevant development controls and legislation applicable to the DA.
  • Further information and/or amended plans may be requested of the applicant following assessment.

4. Responsibility Authority Report (RAR)

  • In consideration of all the above consultation, referrals and the City's planning officer's assessment according to the procedure and protocol, the officer prepares a Responsible Authority Report (RAR). This report provides the City's recommendation of conditional approval or refusal of the DA to the DAP to consider.
  • The City officer may request an extension of the timeline if further information and/or amended plans are required.

5. Council Meeting

  • Council can request that the RAR be presented to a Council Meeting or Special Council Meeting for comment on the City’s recommendation. The applicant and submitters can provide deputations at the Council Meeting. 

6. DAP Meeting and DA determination

  • Following the submission of the RAR, the Development Assessment Panel (DAP) secretariat organises a meeting time and place for the determination and the applicant and any submitters are made aware as they are welcome to attend the meeting and provide deputations if desired.
  • The DAP members (consisting of a Chairperson, two independent appropriate professionals - usually architects or planners and two representative City Elected Members) consider the proposal, responsible authority report and any deputations before providing their determination of the application.
  • The decision is made for or against the application (with conditions and reasoning stated) by the DAP and the decision communicated to the City and the relevant applicant.