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Council issues certificates under Section 149 of the Environmental Planning and Assessment Act, 1979, which state the zoning of land and relevant planning controls. These certificates are issued for a fee.
A Section 149 (2) planning certificate will include details of:
- The names of relevant Local Environmental Plans, State Environmental Planning Policies, Development Control Plans and any proposed environmental planning instrument
- The zoning and land uses that are permitted or prohibited within that zone
- Whether the land is affected by section 38 or 39 of the Coastal Protection Act, 1979
- Whether the land is in a mine subsidence district
- Whether the land is affected by any road widening or road realignment proposals
- Whether the land is affected by a policy that restricts development because of the likelihood of land slip, bush fire, flooding, tidal inundation, subsidence, acid sulphate soils, or any other risk
- Whether the land is reserved for acquisition by a public authority
- The name of each contributions plan applying to the land
- Whether complying development can be carried out under State Environmental Planning Policy (Exempt and Complying Development Codes 2008)
- If the land is subject to a biobanking agreement or the Trees (Disputes between Neighbours) Act 2006
- If the land requires a property vegetation plan or has a site compatability certificate for the purposes of senior housing, infrastructure or affordable rental housing
- Whether the land is subject to the provisions of Part 3A
A Section 149 (5) planning certificate permits Council to include advice on any matter affecting the land of which it may be aware. Please note Section 149(2) is $53 and Section 149(2 & 5) is $133.
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