Blue Mountains City Council

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Section 149(2) and (5) Planning Certificates

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 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.

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).

You may also need one for redevelopment of a property or to help an existing owner decide about the uses of their land.

What is the difference between each of the Section 149 Planning Certificate Formats?

Information to be disclosed on a Section 149 (2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000 in Schedule 4.

A Section 149(2) Planning Certificate provides you with the following information such as:
  • Names of relevant current or draft State Environmental Planning Policies, Regional Environmental Plans, Local Environmental Plans and current Development Control Plans 
  • Zoning and land uses under relevant LEPs
  • Minimum land dimensions for the erection of a dwelling-house 
  • Whether land includes or comprises critical habitat 
  • Whether land is in a conservation area (however described) 
  • Whether an item of environmental heritage (however described) is situated on the land 
  • SEPP (Sydney Region Growth Centres) 2006 
  • 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 
  • Contributions Plans 
  • Biodiversity Certified Land 
  • Biobanking Agreements 
  • Bush Fire Prone Land 
  • Property Vegetation Plans 
  • Orders under Trees (Dispute Between Neighbours) Act 2006 
  • 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 
  • Paper Subdivision Information 
  • Site Verification Certificates 
  • Loose-fill asbestos insulation 
  • Matters arising under the Contaminated Land Management Act 1997

A Section 149(2) & (5) Planning Certificate provides you with all of the above information plus:

  • 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 the Contaminated 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.
  • Conservation Agreements 

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.

A Section 149(2) Clause 3 Only (Complying Development) Planning Certificate provides:

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.

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).

Is there a fee involved?

  • Section 149 Planning Certificates must be paid for up front and the following fees apply:
    1. Section 149(2) Planning Certificate costs $53.00
    2. Section 149(2) - Clause 3 (Complying Development) Planning Certificate costs $53.00
    3. Section 149(2) & (5) Planning Certificate costs $133.00
    4. Section 149(5) Planning Certificate costs $80.00

Note: These fees are set through the Environmental Planning and Assessment Act, 1979.

  • In addition if you require a Section 149 Planning Certificate within a 24-hour turn around, the following fee applies:
    1. Urgency Fee costs $136 (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 & 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 Council's Katoomba or Springwood offices.

An application form may be downloaded here or at the right hand side of this page or by contacting Council  on the number below. 

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 5000 or International call 0011 61 2 4780 5000

Mail:    

Blue Mountains City Council, Locked Bag 1005, KATOOMBA NSW 2780

Email:

council@bmcc.nsw.gov.au

Visit:   

Katoomba Office: 2-6 Civic Place, KATOOMBA

Springwood Office: 104 Macquarie Road, SPRINGWOOD