Section 149 Certificates
What is a Section 149 Planning Certificate?
Section 149 Planning Certificates, also known as zoning certificates, are issued in accordance with the Environmental Planning & Assessment Act 1979. They contain information on how a property may be used, what planning instruments apply; as well as property affectations/restrictions on development. While the certificate will state all the relevant planning instruments that apply to the property, it does not identify the specific development standards or terms of the instruments. If you propose to develop the property, it will be necessary to research thoroughly all of the provisions of the planning instruments which apply to the land.
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
Marrickville 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).
A certificate issued under Section 149(2) provides information about the zoning of the property, the relevant state and local planning controls and other property affectations such as land contamination and road widening. 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 SEPPs, LEPs and DCPs
- Declared State Significant Developments
- Zoning and land uses under the planning control
- Critical habitat
- Heritage information
- Complying development
- 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 (5) Planning Certificate provides further information that Council may deem relevant in affecting the land.
The following fees have been set under the Environmental Planning and Assessment Regulation 2000 and Council's adopted Fees and Charges Schedule and apply when obtaining a Section 149 (2) and (5) Planning Certificate:
|Type of Certificate||Non-urgent (per lot)||Urgent* (per lot)|
|149(2) + 149(5) certificate||$133.00||$243.00|
*NB: Marrickville Council charges an additional urgency fee for 2-day collection from date of receipt by Council of:
- $110.00 (includes GST) for a 149(2) certificate (valid 1 July 2011 to 30 June 2012)
- $110.00 (includes GST) urgency fee for 149(2) + 149(5) certificate (valid 1 July 2011 to 30 June 2012)
All prices are GST-inclusive. Urgency fees are reviewed annually and published in Council's Fees and Charges Schedule.
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 five (5) working days if all the information received is accurate and no additional information is required.
An urgent 149 Planning Certificate can be processed within 2 working days from the date and time of receipt of the application. Council reserves the right to make this service unavailable.
To obtain a 149 Planning Certificate, fill out an Application Form which can be downloaded at our Housing and Development Forms page - or come in to the Citizens' Service Centre at 2-14 Fisher Street Petersham to request an application form or to lodge your form.
Once completed, you can also forward the Application Form to:
The General Manager,
PO Box 14 Petersham
NSW Australia 2049.
Payment of the correct fees must be made with your application.