- Written by Adam Gatt Penrith City Council (02) 4732 7777 (02) 4732 7958 email@example.com https://www.penrithcity.nsw.gov.au 601 High St Penrith NSW 2750 Australia
Changes to Planning Certificates
There have been changes to the Environmental Planning & Assessment Act 1979 in reference to Planning Certificates. Planning certificates formerly known as 149 Certificates will now be known as 10.7 Certificates. This change is effective as of Thursday 1 March 2018.
Please note: The NSW Government is renaming the ‘Environment Zones’. They will now be referred to as ‘Conservation Zones’ under s2.1 Land use zones within the Standard Instrument (Local Environmental Plans) Order 2006 (the Order). This change is occurring across all standardised local environmental plans that are in place across New South Wales.
As of 1 December 2021, a reference to an Environment Protection zone E1, E2, E3 or E4 in a document should be taken to be a reference to a Conservation zone C1, C2, C3 or C4. The below table references the amendments:
|Current name||New name|
|Zone E1 – National Parks and Nature Reserves||Zone C1 – National Parks and Nature Reserves|
|Zone E2 – Environmental Conservation||Zone C2 – Environmental Conservation|
|Zone E3 – Environmental Management||Zone C3 – Environmental Management|
|Zone E4 – Environmental Living||Zone C4 – Environmental Living|
- Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 (nsw.gov.au)
- Fact Sheet – Conservation zones
- FAQs - Conservation zones
What is a Planning Certificate?
When land is bought or sold, the law ( Conveyancing Act 1919) requires a Planning Certificate (also known as a Section 10.7 Certificate) to be attached to the contract for sale. Planning Certificates are a legal document that provides information on the planning controls applying to the land, how the land may be used, and any restrictions on development. Planning Certificates are also known as Section 10.7 Certificates because they are controlled by Section 10.7 of the Environmental Planning and Assessment Act 1979.
Information provided on Planning Certificates
There are two (2) types of Planning Certificate, a Basic Planning Certificate (also known as a section 10.7(2) certificate) and a Full Planning Certificate (also known as a section 10.7(2)(5) certificate). We recommend that vendors (those selling land) obtain a Full Planning Certificate to attach to a contract for sale.
Basic Planning Certificates list property and land information and may only provide the specific information outlined under the Environmental Planning and Assessment Regulation 2000.
Each type of Planning Certificate provides information on:
- Planning Documents such as State Environmental Planning Policies, Local Environmental Plans, Development Control Plans and Development Contribution Plans.
- Planning Controls such as land use zones, minimum lot size for a dwelling house, heritage information etc.
- Environmental hazards or constraints such as biodiversity certified land, bushfire prone land, contaminated land, flood controls, mine subsidence.
- Land reserved for proposed road widening or realignment or other purposes.
- Orders or notices such as those issued under Trees (Disputes Between Neighbours) Act 2006.
- Site Compatibility Certificates for Seniors Housing, Infrastructure or Affordable Rental Housing.
A Full Planning Certificate contains both a Basic Planning Certificate and any other relevant information Council may be aware of that affects the land. This may include:
- threatened species
- environmental reports
- aircraft noise
- potential road widening
- DCP general information.
How long is my certificate valid?
Certificates are correct as of the date of their issue as planning legislation can change often. An up to date planning certificate is essential for any property related matters.
How to use your certificate to develop your property?
Certificates state all the relevant planning instruments that apply to the property and Council endeavours to provide as detailed information as possible. If you propose to develop the property, it is recommended that independent research into all the planning instruments and terms included in the Planning Certificate is undertaken.
Apply for a Planning Certificate
Please ensure you accurately identify the land you are interested in and provide a valid email address as we will send your certificate to that email address.
Planning Certificates are generated for each individual lot. Where a site consists of multiple lots, you will need to apply for a certificate for each individual lot.
There is a fee. A 10.7(2) Planning Certificate (basic certificate) costs $53 and a 10.7(5) Planning Certificate costs $133.
We will email Planning Certificate(s) to you within 2-3 working days of receiving your application.
If you require a Planning Certificate faster than 2-3 working days, we will process one within a working day for an additional fee of $100.