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Section 149 Planning Certificates

SECTION 149 PLANNING CERTIFICATES

What is a Section 149 Planning Certificate?

A Section 149 Planning Certificate describes 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 Auburn City 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?

Section 149 (2) Planning Certificate
Information to be disclosed on a Section 149 (2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000. This includes:
  • Names of relevant planning instruments and Development Control Plans (DCPs)
  • Zoning and land uses under the relevant Local Environmental Plans (LEPs) 
  • Complying Development
  • 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 Lands Management Act 1997
  • Bushfire prone land
  • Property vegetation Plans

Section 149 (2) and (5) Planning Certificates

Section 149 (2) and (5) Planning Certificates contain the information above and additional information such as draft environmental planning instruments such as draft LEPs and draft SEPPs.

Why do I need a Section 149 Planning Certificate?

Any person may request a Section 149 Planning Certificate for information about a property however generally a 149 certificate is requested when a property is earmarked to be redeveloped or sold.
 
When land is bought or sold the Conveyancing Act 1919 and Conveyancing (Sale of Land) Regulation 2010 requires that a Section 149 Planning Certificate be attached to the contract of sale for the land.

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

The following fees have been set under the Environmental Planning and Assessment Regulation 2000:
  • $53.00 for a  Section 149 (2) Planning Certificate
  • $133.00 for a  Section 149 (2) and (5) Planning Certificate

How can I obtain a Section 149 Planning Certificate?

Over the Counter 
You can fill out an application form or write to Auburn City Council and provide the  property address, lot & deposited plan number and details of the current owner. Alternatively you can phone Auburn City Council on (02) 9735 1222 to have an application form faxed or emailed  to you.
 
Once completed, bring/send the Application Form to Auburn City Council with the correct fee. 
 
Online
Auburn City Council now provides an Online Lodgement Service for 149 Certificates.This requires users to register to access this service.

How long does it take to process a Section 149 Planning Certificate?

Applicants will be advised when the Certificate is ready. Auburn City Council aims to process the Planning Certificate within 5 working days for a paper copy or 2 working days for an electronic copy, if all the information received is accurate and no additional information is required.