S149 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 Council by making the following enquiries:
 
  • Requesting a planning certificate (Section 149 certificate)
  • Obtaining any records of inspection of the land or any buildings on the land by Council
  • Obtaining a copy of any relevant plans or development consent issued by Council.

S149 Planning Certificates

We require a single S149 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.

Print the application form, complete and submit via mail, in person or email to mail@ncc.nsw.gov.au
 

Costs

  • Certificate under Section 149(2). Fee: $53.00 (GST exempt)
  • 149(2) & additional information under Section 149(5). Fee: $133.00 (GST exempt)
    • Note: Section 149(5) cannot be issued separately
  • Urgent Fee (Additional fee): certificate issued within 24 hours Fee: $96.80 (GST exempt)
  • Additional Copy (email or mail) Fee: $25.50 (GST exempt)

What information does each Planning Certificate provide?

Basic Planning Certificate S149(2)

The Basic Section 149 Certificate gives you information under section 149(2) of the Environmental Planning & Assessment Act 1979.

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.

The information provided on a Basic Section 149(2) Certificate is governed by State Government regulation. Each certificate discloses details about the following:
 
  • State environmental planning policies, regional environmental plans, local environmental plans, development control plans and proposed environmental planning instrument
  • Local environmental plans and zoning provisions, heritage conservation area, heritage item and exhibited draft local environmental plans. Additional LEP Clauses
  • Complying Development - Complying Development Codes, is limited to identifying whether or not the land, the subject of the certificate, is land on which complying development may be carried out because of Clauses 1.17A(1)(c) to (e), (2), (3) & (4), 1.18 (1)(c3) and 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP).
  • Coastal Protection Act 1979
  • Certain information relating to beaches and coasts
  • Annual charges under Local Government Act 1993 for coastal protection services that relate to existing coastal protection works
  • Mine Subsidence Compensation Act 1961
  • Road widening and realignment
  • Policies relating to risks and hazards eg Earthquake, Bush fire, Land Contamination, Newcastle Coastline Management Plan & Potential acid sulphate soils
  • Flood related development controls information
  • Land reserved for acquisition
  • Contribution plans
  • Biodiversity certified land
  • Biobanking agreements
  • Bushfire Prone Land
  • Property vegetation plans
  • Orders under Trees (Disputes Between Neighbours) Act 2006
  • Directions under Part 3A
  • Site compatibility certificates and conditions for seniors housing
  • Site compatibility certificates for infrastructure
  • Site compatibility certificates and conditions for affordable rental housing
  • Paper subdivision information
  • Site verification certificates
  • Loose-fill asbestos insulation
  • Matters required to be disclosed under sec 59(2) Contaminated Land management Act 1997
  • Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009.
The Basic Certificate does not contain the additional advice provided under section 149(5), and is therefore ‘incomplete’. We recommend that vendors obtain a Full Certificate for attachment to the contract for sale.
 

Full Planning Certificate 149(2)&(5)

The Full Section 149 Certificate gives you all the advice contained in the Basic Section 149(2) Certificate, plus details about the following additional matters.
 
  • Outstanding Notices and Orders issued by Council. - This Certificate does not include any advice regarding outstanding notices or orders issued under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993. To obtain advice regarding these matters, you should lodge an application for a Certificate as to Outstanding Notices and Orders
  • Further consent requirements under the LEP
  • Draft development control plans
  • Heritage Act listing on State Heritage Register or Interim Heritage Order
  • National Trust listings
  • Australian Heritage Database
  • Environmental Protection and Biodiversity Conservation Act 1999 (Cwth).
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, Stockton Beach coastal processes study, 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 149 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.

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.