Section 149 Planning Certificates are issued by local Councils under the Environmental Planning & Assessment Act 1979. They contain information about how a property may be used and restrictions that might apply to development. Under the Conveyancing Act 1919, a Section 149 Planning Certificate must be attached to any contract of sale for a property.
The information required to be provided on a Planning Certificate issued under Section 149(2) of the EP&A Act is prescribed by Schedule 4 of the EP&A Regulation.
Under Section 149(5) of the Act, Council can also provide other relevant information. What such information might be is not specified anywhere, but it might include information on such things as recent DAs applying to the land, whether there is legal access, whether the road is maintained by Council etc.
The certificates are commonly referred to as if they are separate entities—a 149(2) certificate or a 149(5) certificate. In fact there is only one certificate—a Planning Certificate issued under Section 149 of the EP&A Act. It is the information provided on the certificate that differs—either just the information prescribed under Section 149(2) of the Act, or this information as well as other relevant information as noted under Section 149(5) of the Act.
The current [2015/2016] cost of a Planning Certificate from Palerang Council is $53 for the a Certificate containing the [149(2)] prescribed information, or $133 for a Certificate containing both [149(2)] prescribed and other [149(5)] relevant information (see Palerang Council Fees & Charges). A 149 Certificate can be ordered by visiting one of the Council offices, or by completing a Property Information Enquiry Form, available from the Palerang Council website, and forwarding it to Council for processing.
Pete Harrison ~ The Palerang Blog cross-reference
3 September 2015 @ 09:36
[…] The assessment of a Development Application determines whether or not a development is appropriate for a given location. An indication of whether or not any particular development might be appropriate on a particular lot is provided in a 149 Certificate as discussed in a recent post. […]