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149 Planning Certificates

A 149 Certificate is a planning certificate under Section 149 of the Environmental Planning and Assessment Act 1979. Planning Certificates give information on the development potential of a parcel of land including the planning restrictions that apply to the land on the date the certificate is issued. There are two types of 149 planning certificates, 149/2 and 149/2&5. 

What is the difference between a 149/2 and a 149/2&5 Certificate? 

A 149/2 Certificate provides you with information such as zoning, whether and Draft Local Environmental Plans and Development Control Plans affect the land and whether any restrictions apply to the land due to natural hazards such as flooding and bushfire.

A 149/2&5 Certificate provides you with all of the above information and additional information such as any previous development applications within the past two years and whether the property may affected by mining lease areas.

Why do I need a 149 Certificate?

When land is bought or sold the Conveyancing Act 1919 requires a 149 Planning Certificate to be attached to the contract of sale.  It may also help an existing owner to decide about the uses of their land.

Is there a fee involved?

Yes. The fees applicable are subject to change and are outlined in Council's fees and charges. As at 1 July 2007 a 149/2 Certificate costs $40.00 and a 149/2&5 Certificate costs $100.00. Applicants can pay an additional urgency fee of $50 to have the certificate issued within two working days. 

How do I apply for a 149 Certificate?

You need to write to Council giving the details of the land. For example, you need to include information such as the property address, lot and deposited plan number, current owner, and whether the land is vacant or not.  With the letter, you need to make payment in person, over the phone by credit card or by posting a cheque.

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