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Section 149 planning certificate

Under Section 149 of the Environmental Planning and Assessment Act 1979 Council can issue a certificate providing information about planning controls and development standards relating to a property. They are usually requested upon the sale or purchase of a property.

There are two types of Section 149 Planning Certificates you can apply for:

  • A 149 (2) Certificate provides information about the zoning of the property, the relevant state, regional and local planning controls and other property issues such as land contamination and road widening, and whether or not complying development can be carried out on the land.
  • A 149 (2) and (5) Certificate provides both the information available in a Section 149(2) Certificate and additional information that Council may be aware of such as advice from other authorities, development approvals and policies and contributions plans that may apply to the land.

A Section 149 Planning Certificate identifies all of the relevant planning documents that apply to the property, however it does not specify development standards or terms of the instruments.

A Section 149 Planning Certificate is not a development approval.

Applying for a Section 149 Planning Certificate

You can apply for a certificate under Section 149 of the Environmental Planning and Assessment Act 1979 by completing the following application form and paying the relevant fee:

The application can be submitted either of the following ways:

  • in person at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm
  • you can email your application to:
  • you can mail your application to:
    • Eurobodalla Shire Council, PO Box 99, MORUYA NSW 2537
  • you will need to pay your application fee at the time of lodgement.

The certificate is usually processed within five working days and will be emailed to the address specified on the application. Alternatively, the application can be mailed to you.

If you need the 149 Planning Certificate urgently, it will be processed within 24 hours upon payment of the expediency fee of $61.

Council does not provide advice on which Section 149 Planning Certificate you should obtain. Section 149 Planning Certificates are requested for varying reasons and you should seek your own professional or legal advice on what type you require according to your individual circumstances.

We can help you

If you need more information about Section 149 Planning Certificates, please phone our Development Helpdesk:

  • T: 02 4474 1231
  • E: Council's Development Helpdesk
  • visit our customer service centre at the corner of Vulcan Street and Campbell Street, Moruya, Monday to Friday between 8.30am and 4.30pm.