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Section 149 Planning Certificate

Last modified: December 10, 2007 - 10:33 AM

A Section 149 Planning Certificate provides information on how a property may be used and the restrictions on development.

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. The Planning Certificate is issued under Section 149 of the Environmental Planning and Assessment Act 1979.

The two types of Planning Certificates prepared by Blayney Shire Council are issued under Section 149 (2) and 149 (5) of the Environmental Planning and Assessment Act 1979.

What is the difference between a Section 149 (2) and Section 149 (2) and (5) Planning Certificate?
Information to be disclosed on a Section 149 (2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000 and includes the following:

  •  Names of relevant planning controls
  •  Zoning and land uses under the planning control
  •  Coastal Protection
  •  Mine subsidence
  •  Road Widening and road realignment
  •  Council and other public authority policies on hazard risk restrictions
  •  Section 94 Contributions Plans
  •  Matters arising under the Contaminated Land Management Act, 1997
  •  Bush fire prone land
  •  Property vegetation Plans

The Section 149 (2) and (5) Planning Certificate contains the information above and additional information such as whether a Development Consent has been issued on the property in the last five (5) years.

Why do I need a Section 149 Planning Certificate?

  • Any person can obtain a Section 149 Planning Certificate to find out information about their property. 
  • The Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to a contract of sale.

What is the fee for applying for a Section 149 Planning Certificate?

The following fees has been set under the Environmental Planning and Assessment Regulation 2000 and apply when obtaining a Section 149 (2) and (5) Planning Certificate:

  •  $40.00 for a Section 149 (2) Planning Certificate
  •  $100.00 for a Section 149 (2) and (5) Planning Certificate

How and where can I obtain a Section 149 Planning Certificate?
Fill out an Application Form or write to Blayney Shire Council giving us the details of the land (eg. property address, lot & deposited plan number, details of the current owner). Alternatively, you can ring Council and we will fax or mail a copy of the application form to you. Once completed, bring the Application form to Blayney Shire Council with the correct fee. Blayney Council is located at 91 Adelaide Street, Blayney. You can also contact Blayney Shire Council on (02) 6368 9615.

How long does it take to process a Section 149 Planning Certificate?
Once Blayney Shire Council receives your request, the Section 149 Planning Certificate will be processed and you will be advised when the Certificate is ready.

Council will aim to process the Planning Certificate within five (5) working days if all the information received is accurate and no additional information is required.

Contact details
Health and Building Department
02 63689618 (ph)
02 63683290 (fax)
council@blayney.nsw.gov.au


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