Section 149 Planning Certificates
What is a Section 149 Certificate?
Section 149 Planning Certificates, also known as zoning certificates, are legal documents issued by Council under the provisions of the Environmental Planning and Assessment Act 1979. They contain information about how a property may be used and restrictions on development that may apply.
What is the difference between a Section 149(2) and a Section 149(5) Certificate?
Section 149(2) – Provides information such as the zoning of the land, permissible and prohibited land uses, details of exempt and complying development, controls for development or hazards. These include matters such as heritage, coastal protection, bush fire, contaminated land and flooding. These matters are identified in Schedule 4 of the Environmental Planning and Assessment Regulation 2000.
Section 149(5) – Provides both the information available in a Section 149(2) and additional matters such as dwelling permissiblity and information on applicability of the Council’s Management of Contaminated Land Policy if applicable.
Note: if required a simple Section 149(2) certificate can be issued which only includes exempt and complying development provisions. This certificate is not to be relied upon for the purpose of an Annexure to a Contract for the Sale of Land under the Conveyancing Act 1919.
Why do I need a Section 149 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. Another reason is to help an existing owner decide about the uses of their land.
Is there a fee involved?
$40.00 for a Section 149(2) identifying only Clause 3 Schedule 4 of the EP & A Regulation (Complying Development)
$40.00 for a Section 149(2)
$100.00 for a Section 149(2) and (5)
How do I apply for a Section 149 Certificate?
You need to complete an application form. Your application should accompany a cheque or you can make your payment by cash, at our Administration Centre at Mullumbimby or you may pay by Mastercard or Visa card. If paying by card an additional fee of 0.53% to be added to the above amount.
An application form may be obtained at Section 149 Certificate Application.
How long do they take to process?
Once council receives your request we aim to process the certificate within 3-5 working days if all the information received is accurate and no additional information is required.
What if my application is urgent? Can I pay an urgency fee?
Council charges an additional $40.00 urgency fee for 24 hour collection from date of receipt by Council.
Where can I go to obtain more information on Section 149 Certificates?
Further information can be obtained by contacting Council’s Land Information Officer (for general information) on 02 6626 7142 or Community Planning (for specific information) on 02 6626 7126. |