Section 149(2) and (5) Planning Certificates
What is a Section 149 Planning Certificate?
Section 149 Planning Certificates are issued in accordance with Section 149 of the Environmental Planning and Assessment Act 1979. Section 149 Planning Certificates provide information, including the statutory planning controls that apply to a parcel of land on the date the certificate is issued. There are 2 types of Section 149 Planning Certificates, 149(2) and 149(2) & (5).
What is the difference between a Section 149(2) Planning Certificate and a Section 149(2) & (5) Planning Certificate?
A Section 149(2) Planning Certificate provides you with the following information such as:
- The names of relevant environmental planning instruments that applies to the carrying out of development on the land i.e. Local Environmental Plans (including draft LEPs), State Environmental Planning Policies (including Draft SEPPs) and Development Control Plans.
- The relevant zone/s, general provision/s for each local environmental plan, deemed environmental planning instrument and draft local environmental plan.
- The purposes for which the plan or instrument provides that development may be carried out within the zone without the need for development consent, that development may not be carried out within the zone except with development consent, and that development is prohibited within the zone.
- Whether any development standards applying to the land fix minimum land dimensions for the erection of a dwelling house on the land and, if so, the minimum land dimensions so fixed.
- Whether the land includes or comprises critical habitat.
- Whether the land is in a conservation area (however described) ie Heritage Conservation Area etc.
- Whether an item of environmental heritage (however described) is situated on the land.
- Whether or not the land is land on which no complying development may be carried out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and, if no complying development may be carried out on the land under that Policy, the reason why complying development may not be carried out on that land.
- Whether or not the land is affected by the operation of section 38 or 39 of the Coastal Protection Act, 1979, but only to the extent that the council has been so notified by the Department of Public Works.
- Whether or not the land is proclaimed to be a mine subsidence district within the meaning of section 15 of the Mine Subsidence Compensation Act, 1961.
- Whether or not the land is affected by any road widening or road realignment under Division 2 of part 3 of the Roads Act, 1993, any environmental planning instrument or any resolution of the council.
- Whether or not the land is affected by a policy adopted by the council, or adopted by any other public authority and notified to the council for the express purpose of its adoption by that authority being referred to in planning certificates issued by council, that restricts development of land because of the likelihood of land slip, bushfire, tidal inundation, subsidence, acid sulphate soils, or any other risk (other than flooding), unhealthy building land and contaminated and potentially contaminated land.
- Whether or not development on that land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing, residential flat buildings (not including development for the purposes of group homes or senior housing) or for any other purposes is subject to flood related development controls.
- Whether or not any environmental planning instrument, deemed environmental planning instrument or draft environmental planning instrument applying to the land provides for the acquisition of the land by a public authority, as referred to in section 27 of the Act.
- The name of each contribution plan applying to the land.
- If any of the land is bush fire prone land (as defined in the Act), a statement that all or, as the case may be, some of the land is bushfire prone land. If none of the land is bush fire prone land, a statement to that effect.
- If the land is land to which a property vegetation plan under Native Vegetation Act 2003 applies, a statement to the effect.
- Whether an order has been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land.
- Direction under Part 3A: If there is a direction by the Minister in force under section 75P (2) (c1) of the Act that a provision of an environmental planning instrument prohibiting or restricting the carrying out of a project or a stage of a project on the land under Part 4 of the Act does not have effect, a statement to that effect identifying the provision that does not have effect.
- If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies and whether there is a current site compatibility certificate (seniors housing) or any conditions to consent.
- Whether there is a valid site compatibility certificate (infrastructure) of which Council is aware, in respect of proposed development on the land.
- Whether there is a valid site compatibility certificate (affordable rental housing) of which Council is aware, in respect of proposed development on the land.
- Any matters arising under Section 59(2) of the Contaminated Land Management Act 1997 that apply to the land which may include the land being "significantly contaminated land", is subject to a "management order", is subject to an "approved voluntary management proposal", is subject to an "ongoing management order " and/or is subject to a "site audit statement" within the meaning of that Act.
- If the land is subject to any NSW National Building and Jobs Plan (State Infrastructure Delivery) Act 2009 Orders.
A Section 149(2) & (5) Planning Certificate provides you with all of the above information plus:
- If the land is affected by a particular front building line since it adjoins a main, arterial or classified road.
- If the land adjoins a Heritage Item and/or Heritage Conservation Area.
- If the land is potentially contaminated by its past or current use as a potentially contaminated activity listed in Table 1 of theContaminated Land Planning Guidelines, 1998 and if there is any site investigations, and/or any notification of remediation, and/or copies of any site audit statement held by Council.
- Whether the land is land to which a Conservation Agreement has been made between the landholder and the Minister for the Environment in accordance with provisions of the National Parks and Wildlife Act 1974, to which Council has been notified of the conservation agreement
Note: A Section 149(5) Planning Certificate can be issued separately only if the Section 149(2) Planning Certificate is current. You will need to supply the Certificate Number of the Section 149(2) Planning Certificate already issued on the application.
Why do I need a Section 149 Planning Certificate?
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When land is bought or sold, the Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale. You may also need one for redevelopment of a property or to help an existing owner decide about the uses of their land.
Is there a fee involved?
- Section 149 Planning Certificates must be paid for up front and the following fees apply:
- Section 149(2) Planning Certificate costs $53.00
- Section 149(2) & (5) Planning Certificate costs $133.00
- Section 149(5) Planning Certificate costs $80.00
Note: These fees are set through the Environmental Planning and Assessment Regulation 2000.
In addition if you require a Section 149 Planning Certificate within a 24-hour turn around, the following fee applies:
o Urgency Fee costs $134.00 and includes $12.18 GST (Note: This fee is additional to the cost of a Section 149)
How do I apply for a 149 Certificate?
You need to complete an application form or write to us giving us the details of the land eg. property address, lot and deposited plan number (this information can be found on a current rate notice) and the details of the current owner. Your application should be accompanied by payment of the relevant fee. Payment can be made either by cash, cheque or credit card at our Katoomba or Springwood Business and Information Centres. An application form may be downloaded at right or by contacting us by phone on the number below and we will mail or fax one out to you.
How long do they take to process?
We usually require 2-3 working days to issue a Section 149 Planning Certificates from the time Council receives your application.
Where can I go to obtain more information on 149 Planning Certificates?
Further information can be obtained by contacting Council's Section 149 Officer on:
Telephone:(02) 4780 5609
Mail:
Blue Mountains City Council
Locked Bag 1005
KATOOMBA NSW 2780
Blue Mountains City Council
Locked Bag 1005
KATOOMBA NSW 2780
Document Exchange:
DX8305 KATOOMBA
DX8305 KATOOMBA
Visit:
Katoomba Office: 2-6 Civic Place, Katoomba
Springwood Office: 104 Macquarie Road, Springwood
Katoomba Office: 2-6 Civic Place, Katoomba
Springwood Office: 104 Macquarie Road, Springwood
