Deemed refusal timeframes: when an unanswered DA becomes refusable in AU

TL;DR

The deemed-refusal trigger is not the same number in every state. NSW goes 40 days for a standard local DA, 60 for designated development, 90 for integrated development. VIC is 60 days for a standard planning permit. WA is 60 days. SA uses 20 business days for code assessment, 40 for performance assessment. The clock is rarely as simple as it looks: information requests, public notification periods, and applicant-agreed extensions can all stop or extend the statutory clock in ways that delay when you can actually file an appeal. If you build your programme around the headline number and miss the pause provisions, you’ll lodge an appeal before your right has legally crystallised.

What this article is for

A client or builder who has lodged a DA and heard nothing for two months wants to know: can we appeal yet? The answer depends on the state, the development category, and whether anything has paused the clock. This article sets out the statutory trigger for each major state, explains what stops the clock, and covers the practical trade-off between waiting for a decision and exercising the deemed-refusal right.

It pairs with the per-state DA process articles for the full lodgement-to-decision flow. See Australian planning scheme structure for how the regimes compare at a high level.

What a deemed refusal is

A deemed refusal is a statutory mechanism that allows an applicant to treat an undecided DA as though it has been refused, once the consent authority has not determined the application within the prescribed timeframe. The applicant can then lodge an appeal or merits review with the relevant tribunal or court as if a refusal had been issued.

It does not mean the application is actually refused. The consent authority can, and often does, continue to process the application after a deemed-refusal appeal has been filed. In practice, a filed appeal frequently accelerates decision-making because it puts the matter before a tribunal with its own timetable.

The deemed-refusal right is not automatic. In most states the applicant must actively elect to treat the application as refused and then lodge the appeal within a further prescribed window.

State-by-state timeframes

State	Development type	Statutory period	Appeal forum
NSW	Standard local DA	40 days (EP&A Reg 2021 cl 86)	NSW Land and Environment Court (Class 1)
NSW	Designated development	60 days	NSW Land and Environment Court (Class 1)
NSW	Integrated development	90 days	NSW Land and Environment Court (Class 1)
VIC	Standard planning permit	60 days (P&E Act 1987 s79)	VCAT
QLD	Code-assessable DA	Decision period (typically 5 business days after response to info requests); deemed approval can also apply for accepted-development pathways	Queensland Planning and Environment Court
WA	Standard DA	60 days (Planning and Development Act 2005 + Regulations)	State Administrative Tribunal (SAT)
SA	Code assessed (deemed-to-satisfy)	20 business days	South Australian Civil and Administrative Tribunal (SACAT)
SA	Code assessed (performance assessed)	40 business days	South Australian Civil and Administrative Tribunal (SACAT)

Notes on QLD: the Planning Act 2016 structures the decision period differently to other states. The consent authority has a set period after the applicant responds to information requests rather than a fixed period from lodgement. Impact-assessable applications carry longer timelines. The deemed-refusal mechanism applies at the end of the decision period if no decision is issued.

What stops the clock

Statutory periods are rarely uninterrupted. The following events pause or extend the clock in most states.

Request for further information (RFI). When the consent authority issues an RFI, the clock pauses from the date of the request until the applicant responds. In NSW this is explicit in the EP&A Regulation. The RFI pause can be significant: a council might issue an RFI on day 30, leaving itself open-ended time until the applicant responds, then only the remaining days count after the response is received.

Applicant-agreed extension. Most regimes allow the consent authority and applicant to agree in writing to extend the determination period. If you agree to an extension, you push out the date on which the deemed-refusal right crystallises. Get any extension agreement in writing and record the new trigger date.

Public notification and referral periods. This is the one that catches people. In NSW, the public exhibition period counts toward the statutory period but does not pause it. In some other states, referral to external agencies (heritage, environment, infrastructure) can pause the clock while the referral is outstanding. Check your state’s specific provisions: the rule on whether notification counts toward or pauses the period varies.

Stop-the-clock provisions. Some states have explicit stop-the-clock mechanisms separate from RFIs. NSW uses the phrase “stop-the-clock” informally to describe both RFI pauses and court-ordered stays. Always confirm the current running period by asking the council directly for their calculation, rather than relying on calendar arithmetic from lodgement date.

The cost of waiting vs appealing

Filing a deemed-refusal appeal is not always the right call, even when the right has crystallised.

Appeal timelines. A Class 1 appeal in the NSW Land and Environment Court typically runs 6 to 18 months from filing to hearing, depending on complexity and the court’s list. VCAT in VIC is typically faster but can still take 4 to 12 months. If the council is genuinely close to issuing approval, an appeal may not resolve faster than waiting.

Holding costs. The practical reason most applicants consider a deemed-refusal appeal is holding costs: land holding, project finance interest, and lost revenue from delay. If the project is finance-sensitive and the council has given no timeline, the appeal can shift the dynamic by putting a tribunal timetable on the matter.

Negotiation leverage. A filed deemed-refusal appeal concentrates minds. Councils often prefer to issue a decision (positive or conditional) rather than defend a Class 1 or VCAT review. Filing does not close off negotiation. Many deemed-refusal appeals settle by consent once the council issues a conditional approval and both parties agree terms.

Appeal costs. Tribunal and court filing fees vary. Legal representation adds substantially to costs. Weigh the holding costs against the appeal costs and realistic timeline before filing.

What can go wrong

Miscalculating the running period. Business days versus calendar days. RFI pauses. Agreed extensions. Council systems sometimes calculate differently to what you’ve tracked on a spreadsheet. Before filing, request the council’s own calculation of the statutory clock or confirm via their tracking portal (where available).

Filing before the right has crystallised. An appeal lodged before the deemed-refusal trigger date will be struck out. This wastes filing fees and time, and puts the consent authority on notice that you’re watching the clock without a valid basis yet.

Missing the appeal window after the trigger. The deemed-refusal right in NSW must be exercised within 6 months of the trigger date. In VIC, the VCAT application has its own time limit. Missing the window means you lose the deemed-refusal right for that lodgement and must wait for a formal decision.

Assuming the timeframe applies to your category. In NSW, integrated development, designated development, and state significant development all carry different clocks and different appeal forums. A standard DA clock does not apply to a project that should have been lodged as designated or integrated development.

The per-state DA process articles cover the full lodgement and assessment flow, including how to lodge, notification requirements, and conditions of consent:

The NSW Land and Environment Court appeals article covers Class 1 merits appeals in detail, including the process after a deemed-refusal election: NSW Land and Environment Court appeals.

For notification and exhibition rules in NSW, which determine how the public notice period affects the clock: DA exhibition and notification rules NSW.

References

Environmental Planning and Assessment Regulation 2021 (NSW), cl 86 (determination periods), via legislation.nsw.gov.au (verified 2026-05-23).
Planning and Environment Act 1987 (Vic) s79 (failure to grant permit), via legislation.vic.gov.au (verified 2026-05-23).
Planning Act 2016 (Qld), decision period provisions, via legislation.qld.gov.au (verified 2026-05-23).
Planning and Development Act 2005 (WA), determination period provisions, via legislation.wa.gov.au (verified 2026-05-23).
SA Planning and Design Code, assessment timeframes, via plan.sa.gov.au (verified 2026-05-23).

TL;DR

What this article is for

What a deemed refusal is

State-by-state timeframes

What stops the clock

The cost of waiting vs appealing

What can go wrong

How to use this with related articles

References

Related

See also

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