Planning Objections in Australia

The Australian Planning System

Planning in Australia is primarily a state and territory responsibility, with each of the six states and two territories operating its own planning legislation, policy framework and approval processes. Unlike the UK’s nationally uniform system, there is no single national planning act — instead, planning is governed by state-level legislation such as the Environmental Planning and Assessment Act 1979 (NSW), the Planning and Environment Act 1987 (Victoria), and the Planning Act 2016 (Queensland).

Within each state, local councils (or shires) prepare local planning instruments — such as Local Environmental Plans (LEPs) in New South Wales or Planning Schemes in Victoria — which set out zoning controls, development standards and assessment criteria. These are supplemented by more detailed development control plans (DCPs) or design guidelines that provide specific guidance on matters such as building height, setbacks, overshadowing, privacy, landscaping, parking and heritage conservation.

Making an Objection (Submission)

When a development application (DA) is lodged with a local council, it is typically placed on public notification for a period ranging from 14 to 30 days, depending on the state and the type of development. During this period, any person may lodge a written submission — commonly referred to as an objection — raising concerns about the proposal. There is generally no fee to lodge a submission in most Australian jurisdictions.

Submissions must address matters that are relevant to the planning assessment — the Australian equivalent of material planning considerations. These typically include:

• Overshadowing and solar access: Most states have specific controls on shadow impact, often assessed at the winter solstice (21 June in the southern hemisphere).
• Privacy and overlooking: Setback and screening requirements vary by state but are a consistent assessment criterion.
• Bulk, scale and built form: Height limits, floor space ratios (FSR) and setback controls are set out in local planning instruments.
• Traffic, parking and access: Assessed against state or council parking rates and traffic generation benchmarks.
• Heritage: Impacts on heritage items and heritage conservation areas are a significant planning consideration across all states.
• Landscaping and tree preservation: Many councils have tree preservation orders and minimum landscaping requirements.
• Neighbourhood character: Particularly emphasised in Victoria, where Neighbourhood Character Overlays and ResCode standards apply.

State-by-State Overview

New South Wales

Development applications in NSW are assessed under the Environmental Planning and Assessment Act 1979. The key planning instruments are Local Environmental Plans (LEPs), which set zoning, height and FSR controls, and Development Control Plans (DCPs), which provide detailed design and amenity guidance. The assessment criteria under Section 4.15 of the Act require the consent authority to consider the provisions of any applicable environmental planning instrument, the likely impacts of the development, the suitability of the site, submissions received, and the public interest. Objectors can appeal certain decisions to the Land and Environment Court.

Victoria

Victoria’s planning system operates under the Planning and Environment Act 1987. Each council has a Planning Scheme that contains zones, overlays and particular provisions. Residential development is assessed against ResCode (Clauses 54 and 55 of the Victoria Planning Provisions), which sets detailed standards for setbacks, overshadowing, overlooking, private open space and neighbourhood character. Objectors who have lodged submissions can seek review of decisions at the Victorian Civil and Administrative Tribunal (VCAT).

Queensland

Queensland’s planning framework is governed by the Planning Act 2016. Development is assessed as either code assessable (assessed against the planning scheme codes, with no public notification) or impact assessable (subject to public notification and assessment against the entire planning scheme). Only impact assessable applications are open to public submissions. Appeals can be made to the Planning and Environment Court.

Other States and Territories

In Western Australia, planning is governed by the Planning and Development Act 2005, with development assessed against Local Planning Schemes and the Residential Design Codes (R-Codes). South Australia transitioned to the Planning, Development and Infrastructure Act 2016 and the online PlanSA portal for assessment against the Planning and Design Code. Tasmania operates under the Land Use Planning and Approvals Act 1993, with councils applying the Tasmanian Planning Scheme.

Key Differences from the UK System

• State-based legislation: Unlike the UK’s national framework, each Australian state has its own planning act and policy structure.
• Quantitative standards: Australian planning instruments tend to include more numerical standards (e.g., specific setback distances, maximum shadow hours, FSR limits) compared to the UK’s more discretionary approach.
• Merit-based appeals: In several states (notably NSW and Victoria), objectors have access to merit-based appeal tribunals — a right that does not exist in England and Wales.
• Code vs. impact assessment: Some development types are assessed purely against codes with no public notification, which narrows the scope for objection.
• Southern hemisphere orientation: Solar access and overshadowing assessments use the June winter solstice and consider north-facing aspects, the reverse of UK practice.

How We Can Help

Planning Voice brings the analytical rigour of UK-trained Chartered Town Planners to the Australian planning system. We research the relevant state legislation, local planning instruments and development control plans for each application and prepare a detailed, structured submission that addresses the applicable planning controls and assessment criteria. Whether the issue is overshadowing under a DCP, non-compliance with ResCode setback standards, or heritage harm under a conservation area provision, we identify the relevant policy and make the argument clearly and professionally.

Getting Started

Send us the development application number and a brief outline of your concerns. We will review the application at no cost and advise you on the strength of your grounds. If you decide to proceed, we will prepare your submission at a fixed fee and deliver it within an agreed timeframe. There is no obligation to proceed after the initial assessment. Contact us to get started.