Planning Permit Applications in Australia: Complete Developer's Guide

Property developers in Australia may encounter one of the most fragmented planning systems in the developed world, with each state and territory operating under distinct legislation, terminology, and approval pathways. A development that qualifies for a streamlined 10-day approval in Victoria could require a 90-day assessment in New South Wales under an entirely different framework—and understanding these variations is typically essential for accurate feasibility modelling and project timelines.

This comprehensive guide covers what developers may need to know about planning permit applications across all eight Australian jurisdictions, from Victoria’s VicSmart fast-track system to Queensland’s code-assessable pathways and Western Australia’s significant development framework. Whether you’re lodging your first dual occupancy application or navigating a complex multi-dwelling development, this resource aims to provide the practical guidance that government websites often lack.

Understanding Australia’s Planning Framework

Australia’s planning system operates on a federated model where each state and territory maintains independent control over land use planning. While the Commonwealth Government may influence planning through national environmental legislation and infrastructure funding, the day-to-day approval of development applications remains firmly within state jurisdiction.

Why Planning Permits Exist

Planning permits serve as the primary mechanism for councils and state authorities to assess whether proposed developments align with strategic planning objectives, local character, and community expectations. The system aims to balance property rights with broader public interests including neighbourhood amenity, environmental protection, and infrastructure capacity.

For property developers, the planning permit process typically represents a critical path item that may directly impact project feasibility through holding costs, design requirements, and approval conditions.

Terminology Across States

One of the most confusing aspects of Australian planning is the inconsistent terminology used across jurisdictions:

Despite the different names, these approval types generally serve similar functions—authorising land use changes, buildings, and works that require assessment against planning controls.

Victoria: Planning Permits and VicSmart

Victoria’s planning system is governed by the Planning and Environment Act 1987 and administered through 79 local planning schemes that incorporate state-wide provisions alongside council-specific controls.

When a Planning Permit May Be Required

In Victoria, a planning permit is typically required when development:

• Involves land use changes (such as converting residential to commercial)
• Proposes buildings or works in certain zones or overlays
• Affects native vegetation or significant landscapes
• Triggers requirements under planning scheme overlays (heritage, environmental, flooding)
• Involves subdivision of land
• Deviates from ResCode standards for residential development

The Victoria Planning Provisions contain the core provisions that appear in all planning schemes, while individual councils may apply additional local policies and schedules.

Victorian Planning Permit Fees (2024-2025)

Planning permit application fees in Victoria are set by the Planning and Environment (Fees) Regulations 2016 and are typically based on the estimated cost of development:

Developments exceeding approximately $1.3 million (2025-26 threshold) within metropolitan Melbourne may also attract the Metropolitan Planning Levy at 0.13% of development value, payable to the State Revenue Office.

Statutory Timeframes

Under the Planning and Environment Act, councils generally have 60 statutory days to determine a standard planning permit application. However, this timeframe may be affected by:

• Further information requests (which stop the clock)
• Referral authority response times
• Advertising and public notification periods
• Council meeting schedules for complex applications

In practice, multi-dwelling developments in metropolitan Melbourne may commonly take 6-12 months from lodgement to decision, with complex or contested applications potentially extending beyond this.

VicSmart: Victoria’s Fast-Track Pathway

VicSmart is Victoria’s streamlined planning permit process for eligible minor applications, offering a guaranteed 10 business day decision timeframe. Introduced in September 2014, VicSmart may significantly reduce approval times for qualifying developments.

How VicSmart Differs from Standard Permits

VicSmart Fees

VicSmart applications typically attract lower fees than standard permits:

What May Qualify for VicSmart

Common VicSmart-eligible applications include:

• Boundary realignments between two existing lots
• Front fences within 3 metres of the street
• Buildings and works in Commercial, Industrial, or Mixed Use Zones (within thresholds)
• Certain tree removal applications
• Advertising signs meeting specific criteria
• Extension of time for existing permits
• Two-lot subdivisions where development has been approved and substantially commenced

VicSmart Eligibility Requirements

To qualify for VicSmart processing, an application must satisfy three prerequisites:

1. Listed in local planning scheme: The application type must be specified as a VicSmart class in Clause 59 of the relevant planning scheme
2. No covenant breach: The permit, if granted, must not result in a breach of a registered restrictive covenant
3. Pre-obtained referral authority approvals: Any required referral authority consents must be obtained before lodging the application

What Doesn’t Qualify

VicSmart is generally not available for:

• Multi-dwelling residential developments
• Complex subdivisions requiring new roads or infrastructure
• Applications requiring public advertising
• Heritage applications (unless specifically scheduled)
• Any application that would breach a restrictive covenant

Victorian Planning Appeals

Applicants dissatisfied with a council decision may appeal to the Victorian Civil and Administrative Tribunal (VCAT). Appeal timeframes are typically:

• Applicant appeals: Within 60 days of the decision
• Objector appeals: Within 28 days of receiving the Notice of Decision
• Failure to decide: After 60 statutory days have elapsed

VCAT hearing costs may typically range from $3,500-$5,000 for a half-day hearing to $5,000-$8,000+ for full-day hearings, excluding legal representation fees which could add $2,000-$5,000 per day.

Recent Victorian Reforms (2024-2025)

Victoria has implemented significant planning reforms that may affect development approvals:

• Small second dwellings exemption: Dwellings of 60 square metres or less may now be exempt from planning permits in most residential zones (December 2023)
• Activity Centre pilots: Ten activity centres are trialling new Housing Choice and Transport Zones with streamlined approval pathways
• ResCode updates: The former ResCode has been renamed “Townhouse and Low-Rise Code” with new Clause 57 provisions for “4 Storey Apartment Standards”
• Deemed to Comply: A new assessment system allowing faster approvals for compliant developments commenced in March 2025

New South Wales: Development Applications

New South Wales operates under the Environmental Planning and Assessment Act 1979—Australia’s oldest planning legislation—with applications lodged through the NSW Planning Portal.

Development Application Types

NSW classifies development into several categories:

• Exempt development: No approval required (minor works meeting specific standards)
• Complying development: Streamlined approval via Complying Development Certificate (CDC)
• Development requiring consent: Standard DA pathway
• State Significant Development: Major projects assessed by the Department of Planning
• Designated development: High-impact developments requiring Environmental Impact Statements

NSW Development Application Fees

DA fees in NSW are calculated based on the estimated cost of development:

Statutory Timeframes

NSW operates a deemed refusal system where applications are automatically considered refused after:

• Standard DAs: 40 days
• Designated/integrated development: 60 days
• State Significant Development: 90 days

However, councils may “stop the clock” by requesting additional information, and practical timeframes often extend considerably beyond statutory periods. Some Sydney councils reportedly average 200+ days for complex applications.

Complying Development Certificates

NSW’s Complying Development Certificate (CDC) pathway offers faster approvals for developments that meet predetermined standards:

Key advantages of the CDC pathway include:

• May be issued by private certifiers (typically faster than council assessment)
• Combined planning and construction approval
• No public notification or objection rights
• Certainty of outcome if standards are met

CDCs may be available for new dwellings (1-2 storeys), dual occupancies, secondary dwellings (granny flats), and certain alterations and additions. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 sets out the detailed requirements.

NSW Planning Appeals

Appeals against DA refusals or conditions are heard by the Land and Environment Court:

• Filing fees: Range from $1,179 to $8,936 depending on development value and applicant type
• Median completion time: Approximately 179 days
• ADR resolution rate: Around 77% of appeals may be resolved through Alternative Dispute Resolution without proceeding to full hearing

2025 NSW Reforms

The Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 passed in October 2025 introduces several changes that may affect development applications:

• Establishment of a Housing Delivery Authority for priority projects
• Reduced public exhibition periods for certain development types
• Expanded complying development pathways
• Streamlined state agency referrals

Queensland: Code and Impact Assessment

Queensland’s planning system operates under the Planning Act 2016 with a distinctive assessment framework that categorises development into clear pathways.

Assessment Categories

The distinction between code and impact assessment is significant for developers. Code-assessable applications typically offer faster approval times, no advertising requirements, and no third-party appeal rights—making them considerably more predictable for feasibility purposes.

Queensland Timeframes

Fast-Track Options

Queensland offers several accelerated pathways:

FastTrack5 (SARA): Applications involving state referrals through the State Assessment and Referral Agency may qualify for 5 business day processing with 50% reduced fees for low-risk referrals.

RiskSMART: Some councils offer 5 business day processing for applications that demonstrate 100% compliance with applicable codes.

Queensland Appeals

Appeals against decisions may be lodged with the Planning and Environment Court within 20 business days of the decision. Development Tribunals provide an alternative avenue for building and plumbing matters without requiring legal representation.

Currency Period

Queensland development approvals may remain valid for 6 years from the approval date—longer than most other jurisdictions—providing developers with greater flexibility in project timing.

Western Australia: Development Applications

Western Australia’s planning system operates under the Planning and Development Act 2005 with significant reforms implemented in recent years through the Planning Online portal launched in March 2024.

Land Use Classifications

WA uses a classification system that determines approval requirements:

WA Development Application Fees

Statutory Timeframes

Fast-Track Options

Deemed-to-Comply: Single houses meeting all R-Codes deemed-to-comply provisions may not require a development application. Councils typically provide deemed-to-comply checks with responses within 14 days.

Significant Development Pathway: Projects exceeding $20 million in metropolitan areas or $5 million in regional areas may be determined by the Western Australian Planning Commission within 120 days.

WA Appeals

Appeals are heard by the State Administrative Tribunal (SAT) within 28 days of the decision. Notably, WA has limited third-party appeal rights compared to eastern states—a factor that may reduce approval uncertainty for developers.

Recent WA Reforms

Development Assessment Panel (DAP) reforms have reduced panels to three and made DAP assessment fully opt-in for developments over $2 million. The Part 11B Significant Development Pathway is now operational, and R-Codes have been updated to support housing diversity.

South Australia: Planning and Design Code

South Australia’s planning system has undergone substantial reform with the Planning, Development and Infrastructure Act 2016 replacing the previous Development Act. All applications are lodged through PlanSA—a fully online platform.

The Planning and Design Code

SA now operates a single statewide Planning and Design Code, which has been recognised by the Business Council of Australia as a leading planning framework. This unified approach may simplify requirements compared to the previous council-by-council Development Plans.

Assessment Pathways

The Deemed-to-Satisfy pathway offers particularly rapid approvals, with Accredited Professionals able to act as decision-makers for qualifying applications.

SA Appeals

Appeals may be lodged with the Environment, Resources and Development (ERD) Court. SA operates a “no-cost jurisdiction” where parties generally bear their own legal costs regardless of outcome—potentially reducing the financial risk of appeals.

Tasmania: Planning Permits

Tasmania operates under the Land Use Planning and Approvals Act 1993 with the Tasmanian Planning Scheme progressively replacing interim planning schemes across councils.

Assessment Categories

Permit Duration

Tasmanian planning permits may lapse after 2 years if development has not substantially commenced. Councils may grant up to two 2-year extensions upon application.

Appeals

Appeals are determined by TASCAT (Tasmanian Civil and Administrative Tribunal) with a 14 calendar day appeal period.

Northern Territory: Development Permits

The Northern Territory’s planning system is unique in that planning functions are retained by the NT Government rather than local councils. Applications are lodged through the Development Applications Online (DAO) system.

Development Consent Authority

The Development Consent Authority (DCA) determines applications at monthly public meetings. This centralised approach may offer consistency but also requires alignment with the DCA meeting schedule.

Key Features

• Planning governed by the Planning Act 1999
• NT Government controls all planning decisions
• Appeals heard by NTCAT within 28 days
• Recent reforms (October 2025) reduced notice periods from 14 to 7 days for certain applications

Australian Capital Territory: New Planning Framework

The ACT underwent major planning reform with the Planning Act 2023 replacing the previous 2007 legislation. Applications are lodged through planning.act.gov.au.

Fee Structure (2024-2025)

Dual Planning Regime

The ACT operates under a unique dual planning system where the National Capital Authority (NCA) holds full approval responsibility for Designated Areas including the Parliamentary Zone, Lake Burley Griffin surrounds, main avenues, and diplomatic precincts. Developments in these areas require NCA approval in addition to or instead of standard ACT approvals.

Timeframes

• Standard DAs: 30 working days target
• Significant DAs: 60 working days target (median actual: approximately 117 days)

Application Requirements: What You May Need to Submit

Standard Documentation

While requirements vary by jurisdiction and development type, planning permit applications typically require:

Site Analysis Plans (minimum 1:500 scale):

• All boundaries with setback dimensions
• North point orientation
• Existing and proposed buildings with heights
• Ground levels to Australian Height Datum
• Easements, drainage lines, and power lines
• Existing vegetation (distinguishing retained from removed)
• Driveways, parking areas, and pedestrian access
• Any proposed cut and fill

Architectural Plans:

• Floor plans at 1:100 or 1:200 scale
• Elevations of all facades
• Cross-sections showing internal floor levels
• Materials and finishes schedule
• Site coverage and floor area calculations

Supporting Reports (when triggered):

• Traffic impact assessments for significant traffic generators
• Flora and fauna assessments where native vegetation is affected
• Bushfire Management Statements in designated overlay areas
• Cultural heritage assessments in sensitive locations
• Acoustic reports for noise-sensitive or noise-generating uses
• STORM reports (Victoria) or BASIX Certificates (NSW) for sustainability compliance

Shadow Diagrams

For developments exceeding single storey, shadow diagrams are typically required showing overshadowing at 9am, 12pm, and 3pm on September 22 (equinox). Most planning schemes require a minimum of 2 hours direct sunlight to neighbouring properties’ principal private open space.

Common Reasons for Refusal

Understanding why applications fail may help developers avoid costly redesigns and delays. The most common grounds for refusal typically include:

1. Non-compliance with zone requirements: Exceeding height limits, floor space ratios, or site coverage percentages
2. Insufficient car parking: Not meeting required rates without justified reduction
3. Neighbourhood character: Building bulk, scale, or materials inconsistent with local character
4. Privacy and overlooking: Habitable room windows or balconies overlooking neighbouring private open space
5. Overshadowing: Excessive shadow cast on adjoining properties
6. Inadequate private open space: Dimensions or total area below minimum requirements
7. Incomplete applications: Missing plans or required documentation
8. Traffic and access: Unsafe access arrangements or inadequate sight lines
9. Heritage impacts: Unacceptable impact on heritage fabric or streetscape
10. Native vegetation: Unjustified clearing without adequate offsets
11. Bushfire risk: Non-compliance with Bushfire Attack Level (BAL) requirements
12. Referral authority objection: Formal objection from VicRoads, CFA, Melbourne Water, or similar authorities

Amending Planning Permits

Development plans often evolve during detailed design or construction. Understanding amendment pathways may help manage changes efficiently.

Victoria

Secondary Consent: For minor changes to endorsed plans only. Typically processed in 1-4 weeks with fees around $450-$800. No public notification required.

Section 72 Amendment: For changes to permit conditions or substantial plan changes. May require re-advertising and takes 60+ statutory days. Full assessment process applies.

New South Wales

• Section 4.55(1): Minor error corrections with minimal fees
• Section 4.55(1A): Modifications with minimal environmental impact that result in a development remaining “substantially the same”
• Section 4.55(2): Other modifications with higher fees and 40-day deemed refusal periods

Extension of Time

Planning permits typically include deadlines for commencement and completion. Missing these deadlines may void your approval.

Victorian Extension Rules

• Development not yet started: Apply before or within 6 months after permit expiry
• Development commenced: Apply within 12 months after permit expiry
• Outside these timeframes: Extension cannot be granted by any authority—a new application is required

Typical Permit Duration

Developer Strategies for Faster Approvals

Pre-Application Meetings

Engaging with council planning officers before lodgement may significantly reduce assessment times and redesign costs. Pre-application meetings typically cost $200-$500 and could potentially save $3,000-$5,000+ in redesign fees by identifying issues early.

When to Engage a Town Planner

Professional town planning assistance may be essential for:

• Multi-dwelling developments
• Heritage-affected properties
• Sites with complex overlays
• VCAT appeals or objection management
• Developments requiring multiple referral authority consents

Typical Town Planner Fees:

• Simple residential applications: $2,000-$5,000
• Multi-dwelling developments: $5,000-$15,000
• Commercial developments: $10,000-$25,000
• VCAT representation: $3,500-$8,000 per hearing day

Referral Authority Pre-Approval

For VicSmart applications and complex developments, obtaining referral authority consents before lodgement may streamline assessment. Key referral authorities include:

• Melbourne Water (flooding and drainage)
• VicRoads/Department of Transport (road access)
• Country Fire Authority (bushfire areas)
• Heritage Victoria (registered heritage places)
• Environmental Protection Authority (contamination or industrial uses)

Managing Objections

Not all objections carry equal weight. Valid planning grounds typically include amenity impacts, traffic, overlooking, and overshadowing. Objections based solely on property values, competition, or personal disputes are generally not valid planning considerations.

Feasibility Implications

Planning permit timelines and conditions may directly impact development feasibility through:

Holding Costs: A 6-month delay on a $1 million site at 6% interest represents approximately $30,000 in additional holding costs. Accurate timeline estimation is essential for feasibility modelling.

Unexpected Conditions: Permit conditions may add significant costs including infrastructure contributions ($10,000-$50,000+ per dwelling in growth areas), Section 173 agreements ($2,000-$5,000 in legal fees), and engineering works ($5,000-$30,000 for drainage or crossover requirements).

Quick Reference: State Comparison

Frequently Asked Questions

How long does a planning permit take?

Timeframes vary significantly by state, development type, and complexity. Simple residential applications may take 4-8 weeks, while multi-dwelling developments commonly require 6-12 months. VicSmart applications in Victoria are guaranteed within 10 business days for eligible developments.

Can I start building before the permit is issued?

Generally, no. Commencing development without the required approvals may result in enforcement action, stop-work orders, and potentially orders to demolish unauthorised works. Some states offer “at risk” commencement provisions for minor works, but these carry significant legal and financial risk.

What’s the difference between a planning permit and building permit?

A planning permit (or development application) assesses whether development is appropriate for the site from a land use and amenity perspective. A building permit assesses whether the design complies with the National Construction Code and structural requirements. Both are typically required, though they may sometimes be combined (as with NSW’s CDC pathway).

Can neighbours stop my development?

Objections are part of the planning process but do not automatically result in refusal. Councils assess applications against planning scheme requirements, considering objections that raise valid planning grounds. Objectors may appeal approved applications to tribunals in most states, though VicSmart and code-assessable developments typically exclude objection rights.

How much does a planning permit cost?

Application fees range from a few hundred dollars for minor works to $60,000+ for major developments over $50 million. Additionally, professional fees for architects, town planners, and specialist consultants may add $10,000-$50,000+ depending on project complexity.

Conclusion

Australia’s fragmented planning system presents both challenges and opportunities for property developers. Understanding the distinct requirements, timeframes, and fast-track pathways available in each jurisdiction may significantly improve project feasibility and reduce approval risk.

The key takeaways for developers include:

• Know your pathway: Fast-track options like VicSmart, CDCs, and code assessment may dramatically reduce approval times for eligible developments
• Engage early: Pre-application meetings and early referral authority consultation may prevent costly redesigns
• Budget realistically: Factor in professional fees, potential delays, and unexpected conditions when modelling feasibility
• Understand appeal risks: Third-party appeal rights vary significantly between states and development types
• Stay current: Planning reforms are ongoing across all jurisdictions—what applied last year may have changed