INSIGHT · PLANNING & APPROVALS

Eight statutory clocks,
and three ways they run out.

27 October 2026

How long does a DA approval take? The law sets the time a council has. As read on 27 October 2026: 40 days for most NSW applications (version current on 31 October 2025), 60 days in Victoria, 35 business days in Queensland, 5 to 60 business days in SA before added periods, 60 or 90 days in WA, 42 days for a Tasmanian discretionary permit, 30 or 45 working days in the ACT. When the time runs out, NSW, WA, the ACT and the NT treat silence as a refusal that can be reviewed, and Victoria allows a review of the failure to decide; SA (planning consent) and Queensland (code assessment) allow a deemed approval on the applicant's notice, and Tasmania deems a permit granted on conditions the Tribunal sets.

Two people pointing at a house floor plan

Analysed 27 October 2026 · NSW EP&A Regulation 2021 (version current on 31 October 2025) and Act 1979 (version current on 2 March 2026) · Vic Planning and Environment Act 1987 (Authorised Version 167, 3 August 2026) and Interim Regulations 2026 (Version 002, 22 September 2026) · Qld Planning Act 2016 (current) and Development Assessment Rules Version 3.0 (18 July 2025) · SA PDI Act 2016 (30.7.2026) and General Regulations 2017 (17.9.2026) · WA Local Planning Schemes Regulations 2015 (6 October 2026) · Tas LUPA Act 1993 (current) · ACT Planning Act 2023 (R12) · NT Planning Act 1999 (10 February 2026) · NSW Statement of Expectations Order page and SA Performance Indicators Scheme Annual Report 2024-25 · all read 27 October 2026.

Key takeaways

The statutory time runs from 5 business days to 90 days: NSW and WA count days from lodgement or acceptance; Victoria counts 60 days, or 10 business days for VicSmart; Queensland and SA count business days; the ACT counts working days that skip 20 December to 10 January. The NT sets no decision deadline, only an 84-day trigger for review.
Silence ends three different ways: A refusal taken for review purposes (NSW s 8.11, WA cl 75(2), ACT s 193, NT s 112(4)) or a right to seek review (Victoria s 79); a deemed approval on the applicant's notice (SA s 125 for planning consent, Queensland s 64 for code assessment only); or a permit deemed granted on conditions the Tribunal sets (Tasmania s 59).
Information requests stop or restart most clocks: NSW stops the clock for a request made within 25 days of lodgement (Regulation s 94(2), (3)); SA's does not run until a request is complied with (Act s 119(6)(a)); Victoria restarts it from the day information is given (Interim Regulations reg 32(2)); Tasmania (s 54(2)) and the ACT (s 192(3)) stop it while the request is open.
Victoria's 2015 Regulations were revoked on 9 May 2026: The Planning and Environment Interim Regulations 2026 now prescribe the 60 days and the 10 business days for VicSmart (reg 32(1)). A file citing the 2015 Regulations cites a revoked instrument.
We would store the clock, its stops and the published average separately: A system-design recommendation: the statutory clock, the days it was stopped, and a published average are three different numbers, and a programme needs to know which one it holds.

The statutory clock,
state by state

Each instrument sets a default and lets some steps add time.

Whether a deemed refusal or deemed approval is available, or wise to use, depends on the application and is for the applicant's advisers.

State	Time to decide	How counted, and from when	When the clock stops or restarts	What happens at expiry	Instrument and version read
NSW	40 days for most development applications; 60 for designated, integrated (other than Class 1 aquaculture) or concurrence development, or with a biodiversity report reducing credits; 90 for State significant development (Regulation s 91(2) to (4))	Days, from the day the application is lodged (s 92(1)); exhibition beyond the minimum adds days for some types (s 93)	Stops from a request for more information made within 25 days of lodgement until it is answered or declined (s 94(2), (3)); similar rule for concurrence and approval bodies (s 94(6), (7))	The consent authority is taken to have refused, for appeal purposes only, and may still determine later (Act s 8.11(1), (2); Regulation s 91(1))	EP&A Regulation 2021, version current on 31 October 2025; EP&A Act 1979, version current on 2 March 2026; read 27 Oct 2026. Current text not verified (27 Oct 2026)
Victoria	60 days; 10 business days for a VicSmart application (Interim Regulations reg 32(1))	From the day the responsible authority receives the application, or the day requested information is given if the request was made in time (reg 32(2)); the time to request is 28 days, or 5 business days for VicSmart (reg 18)	Does not run while notice of the application is being given, or during a Minister's extension for a referral authority (reg 32(3))	The applicant may apply to the Tribunal for review of the failure to grant the permit within the prescribed time (Act s 79)	Planning and Environment Interim Regulations 2026, Version 002 as at 22 September 2026; Act Version 167 as at 3 August 2026; read 27 Oct 2026
Queensland	35 days, or a further period agreed, from the end of the last relevant part (DA Rules s 22.1); includes up to 10 days taken to make an information request (s 22.3, 22.4)	Business days; a day between 26 December and 1 January is not one (DA Rules, Schedule; Act Schedule 2)	Stops and restarts for some changed circumstances (DA Rules s 23)	Code assessment only: the applicant may give a deemed approval notice, and on receipt the assessment manager is taken to have approved (Act s 64(1), (3), (5)); exclusions include variation requests and building assessment (s 64(2)). Otherwise a deemed refusal (Schedule 2), appealable at any time after it happens (s 229(3)(b))	Planning Act 2016, current (3 September 2026); Development Assessment Rules Version 3.0, commenced 18 July 2025; read 27 Oct 2026
South Australia	Planning consent: 5 business days for deemed-to-satisfy, 20 for performance assessed, 60 for restricted; land division of 10 allotments or less with no new road, 30; building consent for Class 1 or 10, 20; any other case, 60 (reg 53(1)(a) to (e))	Business days, from the verification notice or, if later, payment of fees (reg 53(2)); periods are added for assessment panels, notification and referrals (reg 53(1)(f) to (k))	Does not run between a request for further information and compliance with it (Act s 119(6)(a)); for some deemed-to-satisfy dwelling work no request may be made (s 119(4), reg 33(1)); a verification finished early or late adds or subtracts days (reg 53(4a))	Planning consent: the applicant may give a deemed consent notice and is taken to have planning consent on its receipt; the authority may grant itself, with conditions, within 10 business days, or apply to the Court within 1 month to quash (Act s 125(2) to (7)). Other consents: a Court order after 14 days' notice (s 125(8)). Section 125 does not apply to impact assessed development where the Minister is the relevant authority, or to some land divisions in an environment and food production area or a character preservation area (s 125(10))	PDI Act 2016, version 30.7.2026; PDI (General) Regulations 2017, version 17.9.2026; read 27 Oct 2026
WA	60 days; 90 days if advertised or referred to an authority; or longer by written agreement (Sch 2 cl 75(1))	From the day the application is accepted for assessment (cl 75(1))	Not stated in cl 75	Taken to have refused; the local government may still decide later (cl 75(2), (3)); review by the State Administrative Tribunal (cl 76)	Planning and Development (Local Planning Schemes) Regulations 2015, version 01-a0-00 (6 Oct 2026); read 27 Oct 2026
Tasmania	Discretionary permit: 42 days from receipt, 56 if the Heritage Council needs more time, or longer if agreed in writing (s 57(6)(b)); a permit the authority is bound to grant: 28 days (s 58(2))	Days, from the day the planning authority received the application	Does not run while a request for more information is unanswered (s 54(2)); the request must be made within 21 days for a discretionary permit, 14 otherwise (s 54(1))	Deemed to be a decision to grant a permit on conditions to be determined by the Appeal Tribunal (s 59(1))	Land Use Planning and Approvals Act 1993, current version as read 27 Oct 2026
ACT	30 working days if no representation is made, 45 if one is; 60 for significant development; 10 for a concurrent application (s 192, table 192); 10 more if referred to the Commonwealth Minister (s 192(2))	Working days, excluding weekends, ACT public holidays and 20 December to 10 January (s 192(5)); from submission or amendment	Stops while requested information or a response to pre-decision advice is outstanding (s 192(3), (4))	The decision-maker is taken to have refused, for ACAT review, and may still approve until ACAT decides (s 193)	Planning Act 2023, Republication No 12 effective 1 October 2026; read 27 Oct 2026
NT	No fixed period: the consent authority determines as soon as practicable (s 53)	84 days from making the application, for the review trigger (s 112(2)(b))	Not stated in s 112	If no notice of consent or refusal within 84 days, the applicant may apply to the Tribunal; the application is taken to be refused for the review, and may still be determined before the Tribunal decides (s 112(2), (4), (5))	Planning Act 1999, as in force at 10 February 2026; read 27 Oct 2026

What the published figures measure,
and what they leave out.

Two states publish a statewide performance figure that we could read. They measure different things from the statutory clock, and from each other.

The NSW average and the 40-day deemed refusal period are not the same measure. The average counts gross calendar days including time waiting for information; the statutory period stops for an early information request.

State	Published figure	What it counts	Instrument and version read
NSW	Average assessment time down from 115 days to 84 days, as of 31 May 2026; expectations of an average of 90 days from 1 July 2026, 80 from 1 July 2027 and 65 from 1 July 2028	Calendar days from lodgement to determination, averaged over applications determined; gross days, with no deduction for stop-the-clock time	Department of Planning, Housing and Infrastructure, Statement of Expectations Order page; the Order 2026 took effect 1 July 2026; read 27 Oct 2026
South Australia	90% of planning consent decisions within the statutory timeframe in 2024-25 (92% in 2023-24); 31,461 decisions; 4 deemed consents	Decisions made within the reg 53 timeframe, by pathway and authority type (indicators 3.1 to 3.3)	Performance Indicators Scheme Annual Report 2024-25; read 27 Oct 2026
Victoria	Not verified (27 Oct 2026)	Planning Permit Activity Reporting is published as an interactive dashboard, which we could not read as text	Department of Transport and Planning, Planning permit activity reporting page; read 27 Oct 2026
Queensland	No official statewide figure located (27 Oct 2026)	Not applicable	None located; searched 27 Oct 2026
WA	No official statewide figure located (27 Oct 2026)	Not applicable	None located; searched 27 Oct 2026
Tasmania	No official statewide figure located (27 Oct 2026)	Not applicable	None located; searched 27 Oct 2026
ACT	No official statewide figure located (27 Oct 2026)	Not applicable	None located; searched 27 Oct 2026
NT	No official statewide figure located (27 Oct 2026)	Not applicable	None located; searched 27 Oct 2026

Why a deemed outcome
is a dated event, not a status.

Where the law allows a deemed approval, it happens on a day, triggered by a notice the applicant gives. Where it treats silence as refusal, the authority can usually still decide. Either way, the date matters for the next step.

SA and Queensland: the applicant's notice is the trigger: SA's deemed planning consent is taken to be granted on the day the authority receives the deemed consent notice (s 125(3)); the authority then has 10 business days to grant it itself or add conditions, and 1 month to apply to the Court (s 125(4), (7)). Queensland's deemed approval happens on the day the assessment manager receives the notice, and the assessment manager may give a decision notice with conditions within 10 business days (s 64(5), (6)).
NSW, WA, the ACT and the NT: refusal for review, decision still possible: Each instrument lets the authority decide after the period ends (NSW s 8.11(2); WA cl 75(3); ACT s 193(2); NT s 112(5)). A deemed refusal opens a review; it does not close the application.
Tasmania: a permit on conditions not yet known: Section 59 deems a decision to grant, with conditions set by the Appeal Tribunal, and requires the planning authority to serve notice within 7 days (s 59(2)).

What we would put in a system

Where agents help here is narrow. A document intelligence agent can read a lodgement receipt, an information request or a decision notice, extract the dates and pathway, and propose the end date from the stored rule; a person confirms it. No agent decides whether a deemed outcome is available, whether to give a deemed approval notice, or whether to appeal. Those are for the applicant, the authority, a tribunal and your advisers.

Field	Why it is load-bearing
Instrument, pathway and the period that applies	40, 60 or 90 days in NSW; 5 to 60 business days by pathway in SA; 30 or 45 working days in the ACT depending on representations. The pathway sets the clock.
Start date, and the event that set it	Lodgement, acceptance, receipt, verification and fees, or the end of the last relevant part. Victoria's starts again from the day information is given.
Each stop and restart, dated	Information requests and notification periods move the end date. Without the dates, the end date cannot be recomputed.
Computed end date, and the expiry rule	Refusal for review, a right to review, a deemed approval on notice, or a deemed grant on Tribunal conditions.
Published averages, stored apart	A gross-day average and an on-time percentage are different measures from the statutory clock and from each other.

Questions worth asking
of your own application records

For a developer with applications in several states: does each record show which clock it runs on and the date it started?

The base period runs from 5 business days to 90 days and starts on different events. A record holding only the lodgement date cannot recompute the end. General information as read on 27 October 2026, not legal or planning advice.

For a planning consultant in NSW: is the date of each information request stored, and was it within 25 days of lodgement?

The NSW assessment period stops for a request only if it is made within 25 days after lodgement (Regulation s 94(3)). A later request does not stop it.

For a builder programming a Victorian job: is the programme using the 60 statutory days, or a published average?

The 60 days runs from receipt or from the day information is given, and pauses during notice. It is the point at which review can be sought, not a forecast of the decision.

For a developer in SA or Queensland: if a deemed approval notice is given, where is its date of receipt recorded?

The deemed outcome takes effect on the day the authority receives the notice, and follow-up periods run from it. Whether to give one is for you and your advisers.

Questions people ask
about how long a DA approval takes

How long does a DA approval take in NSW?

The EP&A Regulation 2021 (version current on 31 October 2025) gives a consent authority 40 days from lodgement for most development applications, 60 for designated, integrated or concurrence development and some others, and 90 for State significant development, after which it is taken to have refused for appeal purposes (s 91). The department reports an average of 84 days as of 31 May 2026, counted in gross calendar days from lodgement to determination. As read on 27 October 2026; general information, not legal advice.

How long does a council have to decide a planning permit in Victoria?

60 days, or 10 business days for a VicSmart application, under reg 32 of the Planning and Environment Interim Regulations 2026 (Version 002, 22 September 2026). After that the applicant may apply to the Tribunal for review of the failure to grant (Act s 79). The 2015 Regulations were revoked on 9 May 2026. General information, not legal advice.

How long does a development application take in Queensland?

The Development Assessment Rules Version 3.0 (commenced 18 July 2025) give the assessment manager 35 business days, or a further agreed period, from the end of the last relevant part (s 22.1). For code assessment, the applicant may then give a deemed approval notice (Planning Act s 64). As read on 27 October 2026; general information, not legal advice.

What is a deemed consent in South Australia?

Under s 125 of the PDI Act 2016 (version 30.7.2026), if planning consent is not decided within the time set by reg 53, the applicant may give a deemed consent notice and is taken to have planning consent on the day it is received. The authority may grant it with conditions within 10 business days or apply to the Court within 1 month to quash it. The 2024-25 Performance Indicators Scheme report counts 4 deemed consents. General information, not legal advice.

What happens if a WA council does not decide a development application in time?

Schedule 2 clause 75 of the Planning and Development (Local Planning Schemes) Regulations 2015 gives 60 days, or 90 if the application is advertised or referred, from acceptance. After that the local government is taken to have refused, which can be reviewed by the State Administrative Tribunal, and it may still decide later. As read on 27 October 2026; general information, not legal advice.

What this analysis
does and does not show.

Evidence note

What it shows: The statutory time to decide a development application, how it is counted and stopped, and what the instrument says happens when it ends, in all eight states and territories, at the versions listed, as read on 27 October 2026; and the statewide performance figures published by NSW and SA.
Key facts quoted: NSW 40, 60 or 90 days (Reg s 91), refusal for appeal (Act s 8.11). Vic 60 days, VicSmart 10 business days (Interim Regs reg 32), review s 79. Qld 35 business days (DA Rules s 22.1), deemed approval for code assessment (s 64). SA 5 to 60 business days (reg 53), deemed consent (s 125). WA 60 or 90 days, refusal (cl 75). Tas 42 or 28 days, deemed grant (s 59). ACT 30 or 45 working days, refusal (s 193). NT 84-day review trigger (s 112). NSW average 84 days at 31 May 2026; SA 90% on time in 2024-25.

NSW was read from Internet Archive copies: the Regulation as captured on 31 October 2025 and the Act as captured on 2 March 2026. The live register blocked automated access on 27 October 2026, so later amendments are not verified.
South Australia, the Queensland Development Assessment Rules and parts of the Victorian and NSW department sites were read through a rendering proxy because those sites block automated access. All texts are saved with the article.
Only the general council or local assessment pathway was read. State significant, major project, Crown, VicSmart detail beyond the period, DAP and ministerial pathways have other rules.
Victoria's permit activity dashboard could not be read as text, and no statewide figure was located for Queensland, WA, Tasmania, the ACT or the NT.
Nothing here is legal or planning advice. It does not recommend giving a deemed approval notice or appealing a deemed refusal, and it does not predict how long any application will take.

Bring us one application
and the date your programme assumed.

Send us a lodgement receipt, any information requests and the decision date your programme carries. We will show you which clock the application runs on, where it stopped, and whether your records hold the dates needed to recompute it.

General information about published legislation and government reports only. It is not legal or planning advice, it does not recommend any deemed approval, deemed refusal or appeal step, and it does not predict any decision. Provisions and figures as read on 27 October 2026 at the versions listed in the sources.

Send us the application · Document intelligence

Sources

Suggested citation: planning legislation of NSW, Victoria, Queensland, South Australia, WA, Tasmania, the ACT and the NT at the versions listed, the NSW Statement of Expectations Order page and the SA Performance Indicators Scheme Annual Report 2024-25, as read 27 October 2026. Derived figures: none.

Eight statutory clocks, and three ways they run out.