What is a Section 149 Planning Certificate?
A Section 149 Planning Certificate provides information on how a property may be used and the restrictions on development. The Planning Certificate is issued under Section 149 of the Environmental Planning and Assessment Act 1979.
The two types of Planning Certificates prepared by Council are issued under Section 149 (2) and 149 (5) of the Environmental Planning and Assessment Act 1979.
What is the difference between a Section 149 (2) and Section 149 (2) and (5) Planning Certificate?
Information to be disclosed on a Section 149 (2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000 and includes the following:
- Names of relevant planning controls
- Zoning and land uses under the planning control
- Coastal Protection
- Mine subsidence
- Road Widening and road realignment
- Council and other public authority policies on hazard risk restrictions
- Section 94 Contributions Plans
- Matters arising under the Contaminated Land Management Act, 1997
- Bush fire prone land
- Property vegetation Plans
The Section 149 (2) & (5) Planning Certificate contains the information above and additional information such as the following:
- Is the land affected by a Residential District Proclamation?
- Is the land affected by a Tree Preservation Order?
- Is the land affected by Council’s terrestrial biodiversity map?
- Has any development consent with respect to the land been granted within the previous five years?
- What is the current approved use of the property?
- Is the current use of the property in accordance with such approval?
- Is the land affected by any Resolution of the Council to seek amendment to any environmental planning instrument or draft environmental planning instrument applying to the land?
Why do I need a Section 149 Planning Certificate?
Any person can obtain a Section 149 Planning Certificate to find out information about their property.
The Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to a contract of sale.
GST and Property Guide
For every property transaction you make, you need to think about tax implications. To help you to determine property related GST obligations, refer to the GST and Property Guide on the Australian Taxation Office website.
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:
149 (2) $53
149 (5) $80
Please note that a Section 149 (5) must be purchased with a 149 (2)
How can I obtain a Section 149 Planning Certificate?
Complete an Application Form, which can be accessed below, giving us the details of the land (eg. property address, lot & deposited plan number, details of the current owner). Alternatively, you can ring Council and we will fax or mail a copy of the application form to you. Once completed, send the form to Council with the correct fee. Council’s mailing address is PO Box 249 Coonamble NSW 2829.
How long does it take to process a Section 149 Planning Certificate?
Once Council receives your request, the Section 149 Planning Certificate will be processed. Council will aim to process the Planning Certificate within seven (7) days for a paper copy if all the information received is accurate and no additional information is required.