A Planning Certificate issued under Section 10.7 of the Environmental Planning and Assessment Act 1979 (EP&A 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. The Conveyancing Act 1919 requires that a Section 10.7 Planning Certificate be attached to the contract for sale of a property.
Council issues two types of Section 10.7 Planning Certificates:
- Section 10.7(2) – Basic information only
- Section 10.7(2) & (5) – Basic and Additional Information
Section 10.7(2) Planning Certificates
Certificates issued under Section 10.7(2) of the EP&A Act 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 10.7(2) Certificates are governed by the EP&A Act and Environmental Planning & Assessment Regulations 2000 (the Regulation) 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
- whether complying development may be carried out on the land under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Section 10.7(2) and (5) Planning Certificates
A Certificate under Sections 10.7(2) and (5) of the EP&A Act provides the information required by legislation under Section 10.7(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.
To apply for a planning certification, please complete an Application for Certificate / Documents and submit to Council by:
- Email to firstname.lastname@example.org
- Post to: Hawkesbury City Council, P.O. Box 146, Windsor NSW 2756 or to: DX 8601 Windsor.
- In Person at our Customer Service Centre at 366 George Street Windsor, between 9.00am and 4.00pm, Monday to Friday.
Customer Service will contact you to pay the associated fee before processing the application. Applied fees are set under the Regulation and are found in Council’s Fees and Charges Schedule and on the Application for Certificates / Documents Form.
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