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Section 10.7 Planning Certificate

Formerly section 149 Planning Certificates.

All property certificate requests (ie 10.7 formerly s149) for properties in the former Woodville Ward (Merrylands, Guildford, South Granville and Chester Hill, Granville and Clyde) are now being processed by Cumberland Council.

What is a Section 10.7 Planning Certificate?

A Section 10.7 Planning Certificate describes how a property may be used and the restrictions on development. The Planning Certificate is issued under Section 149 of the Environmental Planning and Assessment Act 1979.

The two types of Planning Certificates prepared by Cumberland Council are issued under Section 10.7 (2) and 10.7 (5) of the Environmental Planning and Assessment Act 1979.

What is the difference between a Section 10.7 (2) and Section 10.7 (2) and (5) Planning Certificate?

Section 10.7 (2) Planning Certificate

Information to be disclosed on a Section 10.7 (2) Planning Certificate is specified under the Environmental Planning and Assessment Regulation 2000. This includes:
• Names of relevant planning instruments and Development Control Plans (DCPs)
• Zoning and land uses under the relevant Local Environmental Plans (LEPs)
• Complying Development
• Coastal Protection
• Mine subsidence
• Road widening and road realignment
• Council and other public authority policies on hazard risk restrictions
• Section 7.11 Contributions Plans (formerly action 94)
• Matters arising under the Contaminated Lands Management Act 1997
• Bushfire prone land
• Property vegetation Plans

Section 10.7 (2) and (5) Planning Certificates

Section 10.7 (2) and (5) Planning Certificates contain the information above and additional information such as draft environmental planning instruments such as draft LEPs and draft SEPPs.

When land is bought or sold the Conveyancing Act 1919 and Conveyancing (Sale of Land) Regulation 2010 requires that a Section 10.7 Planning Certificate be attached to the contract of sale for the land.

What is the fee for applying for a Section 10.7 Planning Certificate?

The following fees have been set under the Environmental Planning and Assessment Regulation 2000:
• $53.00 for a Section 10.7 (2) Planning Certificate
• $133.00 for a Section 10.7 (2) and (5) Planning Certificate

How can I obtain a Section 10.7 Planning Certificate?

Online

Over the Counter

Complete the Section 10.7 Planning Certificate application or write to Cumberland Council and provide the property address, lot and deposited plan number and details of the current owner. Alternatively, you can phone Cumberland Council on 8757 9000 to have an application form faxed or emailed to you.

Once completed, bring/send the application to Cumberland Council with the correct fee.