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

The City of Newcastle requires a single S149 Planning Certificate application for land rated together. If you are unsure of multiple lots being rated together please check by telephoning 02 4974 2511 or email mail@ncc.nsw.gov.au

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

• s149 Planning certificate application form (43kb pdf).

Costs

• Certificate under Section 149(2). Fee: $53.00 (GST exempt)
• 149(2) & additional information under Section 149(5). Fee: $133.00 (GST exempt)
• • Note: Section 149(5) cannot be issued separately
• Urgent Fee (Additional fee): certificate issued within 24 hours Fee: $80.00 (inc GST)

Changes to s149 Planning Certificates

Stage one

The City of Newcastle is implementing a a new property management system and this is change the way s149 Planning Certificates are processed.

From Monday 6 February, Council will be issuing certificates on single lots only. This means any properties that are currently assessed together under one owner, will require a certificate for each identified lot. The associated fee will also need to be paid for each lot. This change will affect approximately 3% of properties in the Newcastle City Council area.

For example an existing two lot property that is assessed as single property for rating purposes will now require two S149 Planning Certificates. This means a separate application and payment of the either $53 for s149(2) or $133 s149(5) for each of the two lots.

Stage two

From June 2012, the implementation of the new property system will be complete. This will allow users to order and receive s149 Planning Certificates online, allowing the processing of the majority of certificates within 24 hours.

What information does each Planning Certificate provide?

Basic Planning Certificate S149(2)

Each certificate discloses details about the following:

• state environmental planning policies, regional environmental plans, local environmental plans and development control plans
• local environmental plans and zoning provisions, heritage conservation area, heritage item and exhibited draft local environmental plans
• complying development
• Coastal Protection Act 1979
• Mine Subsidence Compensation Act 1961
• road widening and realignment
• policies relating to risks and hazards eg earthquake, bushfire, land contamination, The Newcastle Coastline Management Plan and potential acid sulphate soils
• flood related development controls information
• land reserved for acquisition
• contribution plans
• biodiversity certified land
• biobanking agreements
• bushfire Prone Land
• property vegetation plans
• orders under Trees (disputes between neighbors) Act 2006
• directions under Part 3A
• site compatibility certificates and conditions for senior housing
• site compatibility certificates for infrastructure
• site compatibility certificates and conditions for affordable rental housing
• matters required to be disclosed under sec 59(2) Contaminated Land Management Act 1997
• Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009

The Basic Certificate s149(2) does not contain the additional advice provided under section 149(5), and is therefore ‘incomplete’. We recommend that vendors obtain a Full Certificate for attachment to the contract for sale.

Full Planning Certificate 149(2)&(5)

The full s149 certificate gives you all the advice contained in the basic Section 149(2) Certificate, plus details about the following additional matters:

• outstanding written requests issued by the Council
• further consent requirements under Newcastle Local Environmental Plan 1987
• suspension of covenants
• unexhibited draft local environmental plans
• draft development control plans
• register of the National Estate
• Environmental Protection & Biodiversity Conservation Act 1999 (Cwth).

The following information may also be included, soil contamination, unsewered property, geotechnical reports, planning studies, property agreements, Aboriginal sites 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 Newcastle LEP 2003 Zone maps or the Newcastle LEP 2008 maps.

Once you have determined the zone that applies to the property you can find out how you can use the property by looking at Newcastle City Centre LEP 2008 or the Newcastle LEP 2003.