SECTION 149 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. 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 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 draft planning controls.
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 & WHERE CAN I OBTAIN A SECTION 149 PLANNING CERTIFICATE?
Counter
Fill out an Application Form or write to Auburn 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 Auburn Council with the correct fee. Auburn Council is located at the Corner of Susan and Queen Street, Auburn. You can also contact Auburn Council on 9735 1222.
Click on the link below to download the over the counter form.
Application for Section 149 (2) & (5) Planning Certificate
On-Line
Council now provides an ON-LINE Lodgement Service for 149 Certificates. This will require users to register to access this service.
How long does it take to process a Section 149 Planning Certificate?
Once Auburn 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 for a PAPER COPY or two (2) working days for an ELECTRONIC COPY if all the information received is accurate and no additional information is required.