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S149 Zoning Certificate

Under Section 149 of the Environmental Planning and Assessment Act 1979(EP&A Act), a local council is required, upon application, to issue a certificate providing information of planning controls relating to any piece of land within the council area.

A person may request a 149 certificate for many different reasons but generally a 149 certificate will be requested when a property is to be redeveloped or sold.

Port Stephens Council issues two types of certificates.

  • 149(2) certificate
  • 149(2) & (5) certificate

Urgent certificates are able to be requested and are available within 24 hours of the application being received by Council. (During normal business hours)

Please refer to the fees & charges schedule for costs involved.

Please note that a certificate will be issued for one lot only. Requests for multiple lots require an application for each individual lot.

Generally a 149(2) certificate will provide information about the zoning of the property, the relevant state, regional and local planning controls and other property affectations such as land contamination and road widening.

While a 149(5) certificate will provide additional information such as advice from other authorities, subdivision history, easements where Council has information available.

While the planning certificate will state all the relevant planning instruments that apply to the property, it does not specify specific development standards or terms of the instruments. If a development is being proposed, it will be necessary to research thoroughly all of the terms of the planning instruments, which apply to the land.

Complete the form (link below) and return to Council with the appropriate fee to make your application.

Section 149 Certificate Application Form

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