Planning Certificates (s149)

A Planning Certificate (under Section 149 of the Environmental Planning and Assessment Act) is a legal document that confirms the zoning and applicable planning controls that affect development of your property.  The Certificate describes the way in which your property may be used and planning controls that apply to the land on the date that the certificate is issued.

Council issues three types of Section 149 Planning Certificates; these are:

  • Section 149(2) – Basic information only
  • Section 149 (2) & (5) – Basic and Additional Information
  • Section 149 (2) – Clause 3 (Complying Development) Planning Certificate

What is the purpose of a Planning Certificate?

The Conveyancing Act  1919 requires that a Section 149 Planning Certificate be attached to the contract for sale of a property

Section 149(2) of the Environmental Planning and Assessment Act 1979

Certificates issued under Section 149(2) provide information about the zoning of the property, the relevant state and local planning controls and various other property affectations.  The matters addressed by Section 149(2) certificates are governed by the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulations 2000 and include the following where relevant:

  • the names of relevant local environmental plans, regional environmental plans, state environmental planning policies and development control plans
  • the zoning and land uses that are permitted or prohibited within that zone
  • any development that has been declared state significant in relation to the land
  • whether the land is in a mine subsidence district
  • whether the land is affected by any road widening or road realignment proposals
  • whether the land is affected by a policy that restricts development because of the likelihood of land slip, bush fire, flooding, tidal inundation, subsidence, acid sulfate soils, or any other risk
  • whether the land is reserved for acquisition by a public authority
  • the name of each contributions plan applying to the land

Section 142(2) and (5) of the Environmental Planning and Assessment Act 1979

A certificate under Sections 142(2) and (5) provides the information required by legislation under Section 149(2) (listed above) together with any additional relevant matters affecting the land of which Council is aware, for example, development consents issued for the property in the last 5 years.

Section 149(2) of the Environmental Planning and Assessment Act 1979 – Complying Development

A certificate issued under Section 149(2) – Complying Development only identifies whether or not the property which is  the subject of the certificate, is land on which complying development may be carried out under State Environmental Planning Policy (Exempt and Complying Development Codes)
2008
.

A certificate issued under Section 149(2) – Complying Development cannot be relied upon for the purpose of an Annexure to a Contract for the Sale of Land under the Conveyancing Act 1919.

What is the fee for applying for a Section 149 Planning Certificate?

The following fees have been set under the Environmental Planning and Assessment Regulation 2000 and apply when obtaining a Section 149 (2) and (5) Planning Certificate:

  • $53.00 for a Section 149 (2) Planning Certificate
  • $133.00 for a Section 149 (2) and (5) Planning Certificate
  • $40.00 for a Section 149 (2) Clause 3 (Complying Development) Planning Certificate

How do I apply for a Section 149 Planning Certificate?

An application form may be obtained at Council’s Customer Service Centre or may be downloaded here.

How long does it take to process a Section 149 Planning Certificate?

Generally Planning Certificates are processed in less than one week.

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