Determine DAs within 90 days, dropping to 80 then 65.
Councils should determine development applications as soon as practical, and within whichever is lesser of their previous financial year average or a set average timeframe. The average targets are 90 days from lodgement (1 July 2026–30 June 2027), 80 days (1 July 2027–30 June 2028) and 65 days from 1 July 2028 onwards. Timeframes are measured in gross calendar days from lodgement to determination, with no 'stop the clock' allowance.
This item sets out how quickly councils are expected to determine development applications (DAs) once they have been lodged on the NSW Planning Portal. It is part of the Minister's Statement of Expectations Order 2026, which the Minister makes using powers under section 9.6(1)(b) of the EP&A Act. The Order does not create a hard legal deadline that invalidates a decision made late; instead it sets an average performance benchmark that the whole council must meet, and it underpins monitoring, support and (as a last resort) intervention.
The key mechanic is a rolling set of tightening average targets: from 1 July 2026 councils should determine DAs within an average of 90 days of lodgement, dropping to 80 days from 1 July 2027 and 65 days from 1 July 2028. The expectation is actually the lesser of the council's own previous-year average or that target, so a council already performing better cannot slip back. Performance is measured in 'gross' calendar days (weekends and public holidays included) from lodgement to determination, with no 'stop the clock' allowance while a council waits for extra information.
Because it is an average across all DAs, a single slow, complex application does not breach the expectation on its own. But sustained poor averages feed the public council league table and can trigger the Department asking a council to explain, offering support, and ultimately the Minister considering a Performance Improvement Order or a Planning Administrator.
All NSW councils acting as consent authority for development applications, including DAs determined under delegation by council officers and those determined by local planning panels.
It applies whenever a council determines a development application (approval, refusal or deferred commencement consent) after lodgement on the NSW Planning Portal. It is triggered by council's role as consent authority; performance is captured monthly from Portal data.
The count excludes withdrawals, modifications and DAs subject to reviews under s8.2 of the EP&A Act. The expectation is an average rather than a per-application deadline, so individual complex or poorly documented applications do not each breach it, and the Department says it will consider a council's individual circumstances (such as natural disasters or an unexpectedly high DA volume relative to staffing) if the expectations are not met.
Made under section 9.6(1)(b) of the Environmental Planning and Assessment Act 1979; monitored via the NSW Planning Portal and the public council league table. Connected to the Faster Assessments program, the $200 million Faster Assessments Incentive Program, the Accelerated Development Assessment Program (targeting low-impact DAs in under 10 working days), the National Housing Accord, and potential Performance Improvement Orders (Minister for Local Government) or Planning Administrator appointments (Minister for Planning and Public Spaces).
Determine DAs within an average of 90 days of lodgement from 1 July 2026 to 30 June 2027, 80 days from 1 July 2027 to 30 June 2028, and 65 days from 1 July 2028 onwards — or the council's previous financial year average, whichever is less.
The average is the total calendar days between lodgement and determination for each DA divided by the number of DAs determined in the period; the whole-of-council average accounts for variation in scale and complexity.
Days include weekends and public holidays, and there is no 'stop the clock' deduction for time spent waiting on applicants for additional information.
The count covers DAs determined by officers under delegation and by local planning panels, plus approvals (including deferred commencement consents) and refusals.
For the first time the 2026 Order expects councils to assess modification applications to the same efficiency standards as original DAs.
Kiama Council is a consent authority and so is bound by these average targets, including any DAs going to a local planning panel. As a small coastal LGA, Kiama should note that the gross-day, no-stop-the-clock method means time lost seeking further information (common for DAs with coastal hazard, bushfire-fringe or heritage-town constraints) still counts against its average. Whether Kiama attracts intervention scrutiny also depends on the housing-demand criterion — the Department focuses on councils with a housing target or projected demand of more than 500 dwellings — but the determination-timeframe expectation itself applies regardless of size.
“Determination timeframes are one of the main measures of how efficiently the planning system is operating.”
“Determination timeframes include development applications determined under delegation by council officers and by local planning panels.”
“They also include approvals (including deferred commencement consents) and refusals, but do not include withdrawals, modifications, or development applications subject to reviews under s8.2 of the EP&A Act.”
“The expectations are measured in 'gross days' that do not take into account any 'stop the clock' times where councils are waiting for additional information.”
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.