S10.7 Planning Certificates

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 City of Newcastle (CN) by making the following enquiries:

  • Requesting a planning certificate (Section 10.7 certificate)
  • Obtaining any records of inspection of the land or any buildings on the land by CN
  • Obtaining a copy of any relevant plans or development consent issued by CN

S10.7 Planning Certificates

We require a single s10.7 Planning Certificate application for each lot. This means any properties that are currently assessed together under one owner, will require a certificate for each identified lot. If you are unsure please check by telephoning 02 4974 2000.

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

Note that a s10.7 Planning Certificate contains information correct on the date of issue and that planning controls may change at any time.


Submit application


If you require a s10.7 Planning Certificate urgently (within 24 hours), an additional fee applies. Submit your application and contact our Customer Service team to arrange for the additional fee to be charged.

Fees

Fees are charged as per City of Newcastle's (CN) Fees and Charges document.

What information does each Planning Certificate provide?

Basic Planning Certificate S10.7(2)

The Basic s10.7 Certificate provides information under section 10.7(2) of the Environmental Planning & Assessment Act 1979 and governed by Environmental Planning & Assessment Regulations 2021 Sched 2.

It is an important document containing advice about planning and other controls which apply to a specific parcel of land. These controls largely determine how land can be used or developed. Under the Conveyancing Regulations every contract for the sale of land must have this certificate attached to it by the vendor.

Each certificate provides information of the planning controls that affect the property such as, but not limited to:

  • Names of relevant planning instruments and development control plans
  • Zoning and land use under the Local Environmental Plan
  • Whether or not the land is proclaimed to be in a mine subsidence district
  • Whether or not the land is subject to flood related development controls
  • If any of the land is bush fire prone land
  • If matters prescribed by section 59 (2) of the Contaminated Land Management Act 1997 apply to the land {however if other contamination information is held by the Council this may be provided under s10.7(5)}

The Basic Certificate does not contain the additional advice provided under section 10.7(5).

Full Planning Certificate 10.7(2)&(5)

The Full Section 10.7 Certificate gives you all the advice contained in the Basic Section 10.7(2) Certificate, plus additional advice on matters affecting the land.

  • Draft development control plans
  • Heritage Act listing on State Heritage Register or Interim Heritage Order
  • National Trust listings
  • Australian Heritage Database
  • Other matters - If we have information for the property on:- Soil contamination, permit parking exclusion area, risk assessment studies, system of sewage management, geotechnical reports, drainage matters, planning studies, property agreements, Stormwater or Hunter Water Drain without a registered easement. etc.

How do I find out what zone applies to the property?

You can get this from a Section 10.7 Certificate; otherwise you will have to look at the most recent version of the Newcastle Local Environmental Plan. It is available on line from the NSW Parliamentary Counsel's Office website.

The Department of Planning and Environment exhibited the translation of existing Business and Industrial zones into the new Employment zones from 31 May to 12 July 2022. To view the detail please visit the Department’s Planning Portal. Employment zones will be in place within individual LEPs by 1 December 2022 when the existing Business and Industrial zones will be repealed. Further information is available on the Department's website.

As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. For further information please see, Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021.

Additional information is available on the NSW Department of Planning website.

Go to legislation on line

  • You will see a heading 'Browse in Force'
  • Drop down to EPIs
  • Click on 'N'
  • Click on Newcastle Local Environmental Plan.

The Newcastle Local Environmental Plan 2012 comprises the instrument and maps. Once you have used the map to determine the zone that applies to the property, you can find out how you can use the property by looking at the Land Use Table contained in the instrument.