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

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 $93.00 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?

Council will process 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

Hurstville Customer Service Centre
Complete pdf icon Section 149 and Section 603 Certificate.pdf (72.56kB)

Alternatively, telephone Council for a mail out copy of the application form. Once completed, return the application form to Council with the correct fee.