Section 149 Certificates
Section 149 Planning Certificates are issued in accordance with the Environmental Planning & Assessment Act 1979. They contain information on how a property may be used and the restrictions on development. A person may request a 149 certificate to obtain information about his or her own property but generally a 149 certificate will be requested when a property is to be redeveloped or sold. When land is bought or sold, the Conveyancing Act 1919 requires that a Section 149 Planning Certificate be attached to the contract for sale.
Types of Certificates
Strathfield Council’s Planning Certificates are issued under Section 149 (2) and 149 (5) of the Environmental Planning and Assessment Act 1979. A separate request can be made for a Section 149 (2) Certificate which confirms whether complying development may be carried out under the State Environmental Planning Policy 2008 (Exempt and Complying Development).
Information to be disclosed on a Section 149 (2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000 (Schedule 4) and includes the following where relevant:
- Names of relevant planning controls ie SEPP's, LEP's, REP's, DCP's
- Declared State Significant Developments
- Zoning and land uses under the planning control
- Critical habitat
- Heritage Information
- Land reserved for acquisition
- 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
The Section 149 (2) Planning Certificate contains the above information. The Section 149 (5) Planning Certificate provides information on the last approved use.
The following fees have been set under the Environmental Planning and Assessment Regulation 2000 and apply when obtaining a Section 149 (2) and (5) Planning Certificate:
- $53.00 for a Section 149(2) Planning Certificate
- $53.00 for a Section 149(2) Planning Certificate identifying only Clause 3 Schedule 4 EP&A Regulation (Complying Development).
- $133.00 for a Section 149 (2) & (5) Planning Certificate
Strathfield Council charges an additional $150 urgency fee for 24 hour collection from date of receipt by Council.
Once Council receives your request with correct payment attached, the Section 149 Planning Certificate will be processed.
Council will aim to process the Planning Certificate within four (4) working days if all the information received is accurate and no additional information is required.
Please note that from 1 January 2016 that Australia Post standards for mail delivery have increased by two business days. To avoid delays, you can request that your planning certificate is sent by email or collected at Council's Customer Service Centre at 65 Homebush Road Strathfield during business hours.
Fill out an Application Form, which can be downloaded below, or write to Strathfield Council to provide the details of the land. Once completed, forward the Application Form to The General Manager, Strathfield Council, PO Box 120 Strathfield NSW 2135. Phone: 9748 9999. Fax: 9764 1034. Payment of the correct fees must be attached with applications.