Section 149 Planning Certificate
A Section 149 Planning Certificate provides information on how a property may be used and the restrictions that apply to 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:
Information 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 Plan
- 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 (2) Planning Certificate to be attached to a contract of sale.
A S149(S) is an optional requirement.
To obtain a Section 149 Planning Certificate, complete a Planning Certificate Application Form or write to Blayney Shire Council providing details of the land (eg. property address, lot & deposited plan number, details of the current owner). A fee will apply.
Note: The information provided on a 149 certificate can only be guaranteed on information available on the day of issue.
Checklist to reduce delays:
If you wish to ensure your application is processed as quickly as possible, please take note of the following:
- Before submitting your application you are strongly advised to DISCUSS your ideas with an officer of the Council.
- Read carefully any forms, notes or guidelines supplied by Council before submitting your application
- Make sure you supply the required number of COPIES of your plans (at least three (3) sets).
- Your proposal cannot be approved if the property OWNER'S SIGNATURE does not appear on the application.
- Make sure you pay the correct FEES; especially if you are posting your application.
- All forms should be completed by the applicant. They constitute a legal document and staff are not permitted to alter any omitted details.
Note: The Council may be willing to process your application, even though desirable information is omitted. Your application however, will almost certainly take longer to process. If vital information is left out, processing may not be possible.
Have you told the Council exactly WHERE your land is?
REMEMBER, the Council does not know your land or your proposal like you do. Make sure you put them in the picture by supplying details describing the LAND, including its lot description, area and measurements. Your plans will need to be drawn to scale (no bigger than 1:200) and show where north is.
HAVE YOU properly considered the impact of your proposal on your neighbours and the wider environment?
HAVE YOU included information describing the impact (called a statement of environmental effects)?
HAVE YOU complied with the relevant legal requirements and Council Policies and Codes?
NOTE: For large or complex proposals, you are strongly advised to get professional advice or seek professional help in preparing the Development Application.
Last modified: 28 Jul 2016