What is Council's role in assessing the East Street development?

The East Street development application is being assessed by the State Government under the Planning and Development Act. The decision is made by the Western Australian Planning Commission. The Town of East Fremantle is not the decision‑maker and does not have the authority to approve or refuse the application.

Under State legislation, the Town’s role is limited to providing planning advice to the State. This includes comments on matters such as building scale and design, privacy and overshadowing, traffic and access, and servicing. These roles are set by law.

Why isn't Council running its own community consultation or accepting submissions? 

Because the State Government is the decision‑maker for this application, the law does not allow the Town to run a separate consultation process or accept submissions for the decision. For submissions to be formally counted and considered, they must be made directly to the State during the advertising period.

What input can Council provide on the proposal? 

The Town can review the proposal from a local planning perspective and provide advice to the State. This may include recommendations about design, height and scale, privacy and amenity impacts, traffic and access arrangements, and waste and servicing. Where appropriate, the Town can suggest changes or conditions to improve planning outcomes.

Can Council take community views into account?

Town officers and elected members can listen to and understand community concerns. However, the Town cannot formally assess community submissions as part of this process. To ensure your views are considered by the decision‑maker, submissions must be lodged directly with the State.

If community concerns relate to planning matters such as privacy, traffic, or building scale, these issues can be reflected in the Town’s planning advice to the State.

Does the fact that the proposal includes social housing change how it is assessed?

In planning terms, the development is assessed as a residential (multiple dwelling) development. The Town’s planning advice to the State must focus on planning impacts such as design, scale, amenity, traffic, and servicing, rather than the tenure or ownership model of the housing.

What is the Part 11B Significant Development Pathway - process overview 

Process
Proponent / State (pre-lodgement)

• Eligibility confirmed and early engagement with the Minister (where applicable) and the State Development Assessment Unit (SDAU)
• Design review undertaken where required
  
  

Formal application stage

• Development application lodged with the Western Australian Planning Commission (WAPC)
• State-led advertising of the proposal
• Public and stakeholder submissions lodged directly with the WAPC

Local government referral

• Proposal referred to Council as a referral authority
• Administration prepares referral advice
• Council considers and deliberates on Administration advice
• Council’s corporate planning position provided to the WAPC

State assessment and determination

• SDAU assesses Council’s referral response, submissions and State agency advice
• Responsible Authority Report prepared with recommendation
• WAPC considers report, receives public deputations and determines the application

Post-decision

• Decision issued by the WAPC
• Appeal rights apply to the applicant only

How can I make my views heard? 

The most effective way to have your views considered is to lodge a submission directly with the State Government by Sunday 29 March. This ensures your submission is formally received and considered by the decision‑maker.