Georges River Council
Skip navigation

Planning Certificates

A Section 149 Planning Certificate provides information on how a property may be used and the restrictions on development on the date the certificate is issued. Anyone can apply to Council for a Planning Certificate which is issued under Section 149 of the Environmental Planning and Assessment Act 1979.

See Section 149 

Three types of Planning Certificates are issued by Council:

  • Section 149 (2) - Basic Information Only
  • Section 149 (2) & (5) - Basic and Additional Information
  • Section 149 (2) - Clause 3 (Complying Development) Planning Certificate.
Why do I need a Section 149 Planning Certificate?

When land is bought or sold the Conveyancing Act 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale (except the Section 149 (2) - Clause 3 Complying Development Planning Certificate). 

A Section 149 certificate can also be obtained for Development Planning purposes.

What is the difference between a Section 149 (2) and Section 149 (2) and (5) Planning Certificate?

Information to be disclosed on a Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000 in Schedule 4 Planning Certificates 

It includes the following:

  • Names of relevant State Environmental Planning Policies, Regional Environmental Plans, Local Environmental Plans and Development Control Plans
  • Zoning and land uses under relevant LEPs
  • Complying Development
  • Coastal Protection
  • Mine subsidence
  • Road widening and road realignment
  • Council and other public authority policies on hazard risk restrictions
  • Flood related development controls information
  • Land reserved for acquisition
  • Section 94 Contributions Plans
  • Matters arising under the Contaminated Land Management Act 1997
  • Bush fire prone land
  • Property vegetation Plans
  • Directions under Part 3A of the Environmental Planning & Assessment Act 1979
  • Site compatibility certificates and conditions for seniors housing
  • Site compatibility certificates for infrastructure
  • Site compatibility certificates and conditions for affordable rental housing
  • Matters arising under the Contaminated Land Management Act 1997
  • Exemptions under the Nation Building & Jobs Plan (State Infrastructure Delivery) Act 2009
  • Paper Subdivision Information

A Section 149 (2) Planning Certificate only contains the information listed above.  A Section 149 (2) and (5) Planning Certificate contains the above information, and additional information such as draft planning controls, Tree Preservation Orders and contaminated land.

 

A Section 149 (2) – Clause 3 (Complying Development) Planning Certificate only identifies the information set out in Clause 3 of Schedule 4 of the Environmental Planning and Assessment Regulations.  This Section 149(2) certificate has been issued for the limited purpose of identifying whether or not the land 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.

See State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

A Section 149 (2) – Clause 3 certificate cannot be relied upon for the purpose of an Annexure to a Contract for the Sale of Land under the Conveyancing Act 1919. Recent amendments to the Conveyancing (Sale of Land) Regulation 2005  make clear that a Section 149 (2) - Clause 3 certificate is not a section 149 certificate that can be attached to a contract for the sale of land (or an option to purchase residential property).

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

An urgency processing fee of $90.90 additional to the above fees can be paid, and the certificate will be available for collection in 1 business day.

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

From Monday, 2 September 2013, Hurstville City Council will be offering a new online Section 149 Planning Certificate customer service. This service will allow  customers to apply online for, pay and receive a Section 149 Planning Certificate by email. Section 149 Planning Certificates will be able to be generated for the majority of properties zoned residential within Hurstville City Council Local Government Area. 

Upon completion of an application customers will receive the planning certificate by email within approximately 10 minutes, or receive advice that the application will be generated manually. Certificates for some properties will continue to be generated manually and Council is working to progress this service across all properties in the Hurstville Local Government Area.

Council will process the manually generated Planning Certificates in five (5) business days. If an urgency processing fee has been paid, the certificate will be available for collection in 1 business day. 

How can I obtain a Section 149 Planning Certificate?

Online 
Online Payment for Section 149 Planning Certificates

Email a friend…Close this form

* Mandatory fields