Section 149 of the Environmental Planning and Assessment (EP&A) Act 1979, requires that local councils, upon application, must issue a Planning Certificate providing information on the planning controls relating to any piece of land within the Council area. Generally a Certificate will be requested when a property is to be redeveloped or sold.
While the Planning Certificate will state all the relevant planning instruments that apply to the property, and give information on the zoning of the land, they do not specify detailed development standards except for minimum lot requirements for dwellings. Where a development is being proposed, it will be necessary to research thoroughly all of the development standards contained in the planning instruments which apply to the land. These can be found in the Kiama Local Environmental Plan 2011 and Kiama Development Control Plan 2012 .
We issue two types of Planning Certificates - a Section 149 (2) or Section 149 (2) & (5) Certificate.
A 149 (2) Planning Certificate provides the mandatory information such as: the zoning of the land; whether there are any Draft Local Environmental Plan (LEP) Amendments; State Environmental Planning Policies (SEPP's); Development Control Plans (DCP's); whether the land is affected by flooding, bush fire prone; whether complying development is permitted or not and any other restrictions etc that may apply to development of the land. This mandatory information is as prescribed in Schedule 4 of the EP& A Regulations 2000.
A 149 (2) & (5) Planning Certificate provides all of the information referred to in a 149(2) Planning Certificate and may include additional advice on matters that relate to: exhibited draft DCP's, and any other matter that Council considers may be relevant to the development of the particular parcel of land which is not included in the mandatory information as prescribed in Schedule 4 of the EP& A Regulations 2000.
To apply, fill in the Application for Section 149 Planning Certificate which can be emailed or printed and posted to Council together with your payment details. Alternatively, applications can be made in person at our Customer Service counter. Planning Certificates take between 3-5 working days to be issued. Council offers, for an additional fee, urgent processing if required, providing a 24 hour turnaround for urban certificates and 48 hour turnaround for non-urban certificates.
Dwelling Entitlement Search
Please note, as of the 1 July 2014 Dwelling Entitlement Searches are not included in a 149 (2) & (5) Planning Certificate application fee. These searches can require extensive investigation and review of historical records and as such are treated as additional work.
To apply, fill in the Application for Dwelling Entitlement Search which can be emailed or printed and posted to Council together with your payment details. Alternatively, applications can be made in person at our Customer Service counter. Due to the extent of investigation that is required to make a determination Dwelling Entitlement Searches can generally take between 4-6 weeks to issue. Applications are returned by email to ensure the quickest delivery unless alternative arrangements are made at time of application.