Permitted uses and zoning: how to read a use table in any AU planning instrument

TL;DR

Every lot sits inside a zone. That zone has a use table. The table decides whether a proposed activity needs no approval, needs approval, or is prohibited. The terms vary by state (permitted without consent, accepted development, Section 1) but the four-category shape is the same everywhere. A permitted use does not automatically cover related ancillary uses. An unlisted use requires a characterisation judgment. Cheapest insurance on any job: confirm the exact zone via your state’s planning portal and check the use table for both the primary use and any secondary uses before you draw anything.

What this article is for

Zoning is the first filter in any development assessment: before setbacks, heights, or stormwater, the question is whether the proposed use is permitted at all. Get this wrong and no compliant design rescues you.

This article maps terminology across NSW, VIC, QLD, WA, and SA, and shows how to read a use table. It pairs with the per-state structure articles and assumes you understand that planning instruments sit in a hierarchy of Acts, state instruments, and local instruments.

The mental model in one diagram

LOT
 └── Zone (set by LEP / planning scheme / P&D Code)
       └── Use Table
             ├── Category A: No approval needed
             ├── Category B: Approval needed (code or merit track)
             ├── Category C: Approval needed (full merit, more scrutiny)
             └── Category D: Prohibited (cannot be approved at all)

The zone is mapped to every parcel of land. The use table inside that zone sorts every possible use of the land into one of these four buckets. The names of the buckets change by state. The shape is the same everywhere.

The four use categories

Every state has a variant of the same four-part split. The table below maps the terms.

Category	NSW (LEP)	VIC (planning scheme)	QLD (Planning Act 2016)	WA (Local Planning Scheme)	SA (P&D Code)
No approval / fast track	Permitted without consent	Section 1: Permit not required	Accepted development	P use (permitted)	Accepted development
Approval: code-bounded	Permitted with consent (CDC pathway via Codes SEPP)	Section 2 with permit (VicSmart eligible)	Code assessment	D use (discretionary) under deemed-to-comply R-Codes	Code assessed: deemed-to-satisfy
Approval: merit	Permitted with consent (DA pathway)	Section 2 with permit (standard permit)	Impact assessment	D use (discretionary) open to merit	Code assessed: performance assessed
Prohibited	Prohibited	Section 3: Prohibited	Prohibited development	X use (not permitted)	Restricted development

Key nuances: in NSW, both CDC and DA pathways sit under “permitted with consent” in the LEP; the Codes SEPP determines which fast-track applies. In VIC, Section 2 conditions matter: if a condition is not met, a more restrictive category applies. In QLD, code assessment is bounded to specified benchmarks only; impact assessment opens full merit review. In WA, P uses cannot be refused if scheme requirements are met. In SA, development not in any of the four zone tables defaults to performance assessment (not prohibition). TAS / ACT / NT each have their own terminology (Exempt / Permitted / Discretionary / Prohibited; Code / Merit / Impact tracks) following the same four-pattern shape.

Reading a use table step by step

Using an NSW LEP R2 Low Density Residential zone as the example.

Find the lot’s zone. In NSW, use the Planning Portal Spatial Viewer: enter the address, note the zone code and LEP name. Equivalents: VicPlan (VIC), MyMaps (QLD), MyProperty (WA), PlanSA (SA).
Open the actual instrument. Find the council’s LEP on legislation.nsw.gov.au and navigate to the Land Use Table. The Standard Instrument Order 2006 templates every NSW LEP; your council adds local variations on top.
Read the three rows. An R2 zone use table has three rows: “Permitted without consent” (typically home occupations plus a catch-all for anything not listed); “Permitted with consent” (dwelling houses, dual occupancy, home businesses, multi dwelling housing, and others, varying by council); and “Prohibited” (industry, retail, extractive uses, and many more).
Match your use to the exact defined term. A duplex is “dual occupancy” in the Standard Instrument, not “duplex”. Use the definition in the LEP or Standard Instrument dictionary. A mismatch here is where projects go wrong.
Identify the assessment pathway. “Permitted with consent” means DA or CDC. Check Housing SEPP 2021 and the Codes SEPP to confirm whether a CDC fast track applies. If not, you are on the DA track.
Check overlays and state instrument overrides. Zones are not the final word. Heritage overlays, flood planning areas, and SEPPs can modify what the LEP says. Run the property report in the Spatial Viewer and read any applicable SEPP alongside the LEP. See SEPPs in NSW for how override works.

The ancillary use trap

A use that is permitted does not automatically make all related uses permitted.

The classic trap: a dwelling is “permitted with consent” in R2. The client also wants a home workshop. A “home occupation” (one resident, no signage) is permitted without consent. A “home business” (up to two employees) is permitted with consent and needs its own approval. A “home industry” (light manufacturing) may be prohibited. None of these ride on the dwelling consent.

The principle, confirmed in Baulkham Hills Shire Council v O’Donnell: a use does not become ancillary just because it is associated with the primary use. A use capable of standing independently keeps that character, and if it is prohibited in the zone it cannot be rescued by calling it ancillary.

Any secondary use of a residential property for a non-residential purpose needs its own check against the use table.

When the use is not listed: characterisation

When a use is not named in the table, the question is which named use it most closely resembles. This is characterisation: the legal process of deciding what category applies.

The NSW Department of Planning’s Planning Circular PS 21-008 (2021) sets out the framework. The core rules:

Dominant purpose test. Identify the primary use. Secondary uses that genuinely serve the primary use are ancillary and can be ignored for characterisation. Secondary uses that stand independently are not ancillary and must each be assessed.
Named use wins. If your activity resembles a named prohibited use, it will be characterised as that use regardless of what you call it.
Integrated operation. Uses forming one integrated operation are characterised together, not split to avoid a prohibited category.
State defaults differ. In NSW, a use not listed in “permitted with consent” or “prohibited” is permitted without consent. In VIC, the table is exhaustive: not in Section 1 or 2 means prohibited. In QLD, not in an accepted or assessable category means prohibited.

Do not assume that because a use is not named as prohibited it is therefore permitted. Get the characterisation right before advising the client.

What can go wrong

Reading the zone label, not the table. “Residential zone” does not mean all residential uses are permitted. A dwelling house may be permitted while a residential flat building is prohibited. Look up the specific defined use term every time.
Ignoring SEPP overrides in NSW. A SEPP can expand or restrict what the LEP use table says. Housing SEPP 2021 changed permitted uses for infill and secondary dwellings across many R zones. If you only read the LEP, you may miss the override. See SEPPs in NSW.
Missing an overlay. In VIC, overlays (Heritage, Significant Landscape, Design and Development) can restrict uses the zone table allows. The overlay is a separate provision; it does not appear in the zone table. Run the VicPlan property report to surface all overlays.
Reading an outdated instrument. SA’s Planning and Design Code is on Version 2026.2 (January 2026). WA local planning schemes are individually gazetted. TAS Local Provisions Schedules are under continuous amendment. Always verify currency before advising.
Assuming planning consent covers building consent. A permitted use still needs a building permit under the NCC. The two systems run in parallel and are separately assessed.

How to use this with the per-state articles

This article is the cross-state primer. For project work, drop into the per-state article for the exact instrument, portal, and assessment pathway. See the Australian planning scheme structure overview, or go directly to NSW, VIC, or QLD.

References

Standard Instrument (Local Environmental Plans) Order 2006 (NSW), via legislation.nsw.gov.au (verified 2026-05-23).
Environmental Planning and Assessment Act 1979 (NSW), via legislation.nsw.gov.au (verified 2026-05-23).
NSW Planning Circular PS 21-008: How to characterise development, via planning.nsw.gov.au (verified 2026-05-23).
Planning and Environment Act 1987 (Vic), via legislation.vic.gov.au (verified 2026-05-23).
Planning Act 2016 (Qld), via legislation.qld.gov.au (verified 2026-05-23).
Planning and Development (Local Planning Schemes) Regulations 2015 (WA), via legislation.wa.gov.au (verified 2026-05-23).
SA Planning and Design Code (Version 2026.2), Assessment Pathways, via plan.sa.gov.au (verified 2026-05-23).