S149 Planning Certificates

When buying a property it is important to find out about planning controls or hazards that may affect the land you are seeking to purchase.

You may obtain this information from Council by making the following enquiries:
 
  • Requesting a planning certificate (Section 149 certificate)
  • Obtaining any records of inspection of the land or any buildings on the land by Council
  • Obtaining a copy of any relevant plans or development consent issued by Council.

S149 Planning Certificates

We require a single S149 Planning Certificate application for each lot. This means any properties that are currently assessed together under one owner, will require a certificate for each identified lot. If you are unsure please check by telephoning 02 4974 2000.

It is your responsibility to check that you have accurately identified the land to which your application relates.

Print the application form, complete and submit via mail, in person or email to mail@ncc.nsw.gov.au
 

Fees

Certificate under Section 149(2) $53.00 (GST exempt)

149(2) & additional information under Section 149(5)

Note: Section 149(5) cannot be issued separately

$133.00 (GST exempt)
Urgent Fee (Additional fee): certificate issued within 24 hours $96.80 (GST exempt)
Additional Copy (email or mail) $25.50 (GST exempt)
 

What information does each Planning Certificate provide?

Basic Planning Certificate S149(2)

The Basic Section 149 Certificate provides information under section 149(2) of the Environmental Planning & Assessment Act 1979 and governed by   Environmental Planning & Assessment Regulations 2000 Sched 4    
 
It is an important document containing advice about planning and other controls which apply to a specific parcel of land. These controls largely determine how land can be used or developed. Under the Conveyancing Regulations every contract for the sale of land must have this certificate attached to it by the vendor.
 
Each certificate provides information of the planning controls that affect the property such as, but not limited to:
  • Names of relevant planning instruments and development control plans
  • Zoning and land use under the Local Environmental Plan
  • Whether or not the land is proclaimed to be in a mine subsidence district
  • Whether or not the land is subject to flood related development controls
  • If any of the land is bush fire prone land
  • If matters prescribed by section 59 (2) of the  Contaminated Land Management Act 1997 apply to the land {however if other contamination information is held by the Council this may be provided under s149(5)}
The Basic Certificate does not contain the additional advice provided under section 149(5).

Full Planning Certificate 149(2)&(5)

The Full Section 149 Certificate gives you all the advice contained in the Basic Section 149(2) Certificate, plus additional advice on matters affecting the land.
 
  • Draft development control plans
  • Heritage Act listing on State Heritage Register or Interim Heritage Order
  • National Trust listings
  • Australian Heritage Database
  • Other matters - If we have information for the property on:- Soil contamination, permit parking exclusion area, risk assessment studies, system of sewage management, geotechnical reports, drainage matters, planning studies, property agreements, Stormwater or Hunter Water Drain without a registered easement. etc.

How do I find out what zone applies to the property?

You can get this from a Section 149 Certificate; otherwise you will have to look at the most recent version of the Newcastle Local Environmental Plan. It is available on line from the NSW Parliamentary Counsel's Office website.

Go to   legislation on line
 
  • You will see a heading 'Browse in Force'
  • Drop down to EPIs
  • Click on 'N'
  • Click on Newcastle Local Environmental Plan.
The Newcastle Local Environmental Plan 2012 comprises the instrument and maps. Once you have used the map to determine the zone that applies to the property, you can find out how you can use the property by looking at the  Land Use Table contained in the instrument.