No, technically you are correct, so long as the breaker in the switchgear meets the criteria for Article 430.52 regarding the OCPD for the motor circuit.
HOWEVER...
If this could be considered an "industrial control panel", then it falls under Article 409 as well, and that means you will need to be able to show an SCCR (Short Circuit Current Rating) for the ASSEMBLY that is equal to or greater than the Available Fault Current at the line terminals.
The problem then becomes that you will find out that the OVERLOAD relay in that starter is only going to be rated for 5kA SCCR all by itself and the way SCCRs work, the overall rating is the LOWEST rating of any power device in the assembly. It CAN however be used in a listed series circuit with fuses or a circuit breaker, but not with a non-fused disconnect. Then, those will be SPECIFIC fuses or circuit breakers that have been TESTED AND LISTED by the mfr of the OL relay. Next you will find out that in most cases, the mfr of the OL relay will ONLY list it in series with THEIR OWN circuit breaker. So if for example you have a Square D panelboard with the breaker in it, and you use an Eaton starter in your box, that Eaton OL relay will not have a series listing with a Square D breaker, only with an Eaton breaker.
As a general rule, it's just easier to use a combination starter now so that you can show an SCCR that meets or exceeds your Available Fault Current. If you do insist on "rolling your own", do so with components that match up with your mfrs Series Listings for SCCR.