State-to-State: A breakdown of the real planning differences between NSW, VIC and QLD (because nothing is ever consistent)

Different legislation, different pathways, different terminology.

Here is what actually changes when you cross a state border.

Most people assume that once they understand how planning works in one state, they have a reasonable foundation for the others. That assumption creates problems early in a project. NSW, Victoria and Queensland each operate under their own legislation, their own approval pathways, their own terminology, and their own logic for who makes decisions and when the public gets involved. Knowing which system you are in changes what you lodge, what document supports it, what happens after approval and how long the whole process takes.

What governs your site in NSW, VIC, and QLD

In New South Wales, the key instruments are the Local Environmental Plan (LEP) and the Development Control Plan (DCP). The LEP is the statutory document: it sets the zone, determines what is permissible and fixes development standards like maximum building height and floor space ratio.The DCP sits alongside it with detailed guidance on design, setbacks, parking and neighbourhood character. Above both sit State Environmental Planning Policies (SEPPs), which can override local controls across areas including housing supply, coastal management and transport corridors. The SEPP (Housing) 2021 is the one that catches people out most often, particularly where it expands permissibility for secondary dwellings, dual occupancies and low-rise medium density housing in residential zones.

Victoria operates through planning schemes built on the state-wide Victoria Planning Provisions (VPP). Every council scheme uses the same VPP structure, so the format is consistent even when the local content differs. The zone determines what is permitted and whether a planning permit is required. Overlays carry significant weight: a Heritage Overlay, Vegetation Protection Overlay or Design and Development Overlay can each change the permit trigger, the notice requirements and the decision criteria. There is no DCP equivalent in Victoria. The zone schedule and any applicable overlay schedules carry all the local detail, and both need to be read carefully before advising on a site.

Queensland planning schemes must be consistent with the Queensland Planning Provisions (QPP), the state-wide template that all local schemes must follow. Within each scheme, the category of development is the first thing to determine. That category governs whether a development application (DA) is required at all, whether the public is notified and how long the decision period is. Queensland also treats use and physical works as separate matters: a Material Change of Use (MCU) deals with how land is used, a Reconfiguration of a Lot (ROL) covers subdivision, and Operational Works (OPW) applies to earthworks, clearing, retaining and civil infrastructure. A single project can require all three, which is a structurally different concept to how NSW and Victoria handle the same scope of work.

The three pathways in NSW: exempt, CDC and DA

NSW is the only east coast state with a formal three-tier approval structure. At the base is exempt development, which covers minor works that meet the standards in the SEPP (Exempt and Complying Development Codes) 2008 and require no approval at all. Above that is the Complying Development Certificate (CDC), a fast-track pathway assessed and issued by a private certifier, typically within 10 to 20 business days. There is no council involvement, no neighbour notification and no merit assessment. The CDC also functions as both a planning and construction approval, meaning a separate Construction Certificate is not required. For straightforward residential projects that comply with the numerical standards, the CDC is genuinely fast and cost-effective. The catch is that there is no flexibility: if the proposal cannot fully comply, it cannot use this pathway.

Everything that does not qualify for exempt or complying development goes through a Development Application (DA) under Part 4 of the EP&A Act 1979. Applications are lodged through the NSW Planning Portal, which is mandatory. The core supporting document is a Statement of Environmental Effects (SEE), which assesses the proposal against the LEP, DCP and any relevant SEPPs and addresses likely environmental impacts. Once a DA is approved, a Construction Certificate (CC) is still required before building commences, followed by an Occupation Certificate (OC) before the building can be occupied or used. This post-consent sequence is one of the most commonly overlooked parts of the NSW system.

Victoria's pathways: planning permit, VicSmart and scheme amendment

If a planning permit is required, the application goes to the council as the responsible authority and council assesses it. The standard planning permit process has a statutory timeframe of 60 days from lodgement where notice is required and 40 days where it is not, though both can extend if referrals or additional information are needed. Under Section 52 of the Planning and Environment Act 1987, council determines whether the application needs to be advertised to adjoining owners and the public. Anyone who makes a submission has the right to request a merits review at VCAT, the Victorian Civil and Administrative Tribunal. That third-party right is broader than anything equivalent in NSW or Queensland and is one reason contested applications in Victoria can run well beyond the statutory clock.

For small and simple projects, Victoria has the VicSmart pathway: a fast-track permit process with a mandatory 10 business day determination period. VicSmart applies to low-impact works like minor subdivisions, single tree removal, small front fences and certain straightforward dwelling additions. The checklist for eligibility is set out in the planning scheme and it is worth confirming against it early, as proposals that appear minor can fall outside the criteria if an overlay applies. Applications are typically supported by a planning report that addresses the zone and overlay provisions, responds to the decision guidelines under Section 60 of the Planning and Environment Act 1987, and demonstrates the planning merit of the proposal. Where the existing rules need to change rather than a permit being sought, the pathway is a Planning Scheme Amendment, which involves the Minister for Planning and a public exhibition process that typically takes many months.

Queensland's categories: accepted, code and impact assessable

Queensland's framework sits on four categories of development. Prohibited development cannot be applied for under any circumstances. Accepted development requires no planning DA, though building approval may still be needed. Code assessable development requires a DA assessed only against the relevant codes in the planning scheme, without public notification in most cases, and carries a 20 business day decision period once the application is properly made. Impact assessable development requires a DA, a public notification period of at least 15 business days, and full assessment against the planning scheme and any applicable State Planning Policies (SPPs). Only submitters on impact assessable applications can appeal to the Planning and Environment Court (P&E Court).

Applications are lodged through the state's MyDAS2 portal. The supporting document is typically a planning report or assessment report. Where a proposal triggers a state interest, it is referred to SARA, the State Assessment and Referral Agency. SARA can impose binding conditions or direct a refusal depending on the trigger, which may include development near state-controlled roads, in koala habitat, near coastal areas or on contaminated land. For lower-risk code assessable applications, some councils offer a fast-track pathway called RiskSMART, which can reduce the decision period to 10 business days. This is council-specific rather than a state-wide entitlement. Post-approval, changes to an issued development permit are managed through a Section 81 minor change application for small refinements or a Section 82 application for more substantial amendments.

The terminology that does not translate between states

Beyond process, the terminology itself creates confusion when crossing state lines. In NSW you seek development consent and the decision maker is the consent authority. In Victoria you seek a planning permit and council acts as the responsible authority. In Queensland, you seek a development approval and council is the assessment manager. A Section 10.7 certificate in NSW confirms what planning controls apply to a parcel of land and is commonly required in a contract of sale. The Victorian equivalent is a Section 199 certificate. Queensland has its own planning certificate under the Planning Act 2016 that serves a similar purpose but covers different information and is structured differently. None of these are interchangeable, and using the wrong term in a report or in conversation with an assessment officer signals quickly that someone is not across the system they are working in.

How Planna supports this work

Planna prepares Planning Reports, Statements of Environmental Effects and assessment reports across NSW, VIC and QLD.

We research the applicable instruments, assess a proposal against the relevant controls and put together documentation that gives an application its best foundation. If you are working in a state you have not dealt with before, or trying to understand which pathway a project sits in before a fee is set or a programme is committed to, that is a conversation worth having early.

Talk to our team today.