Schedule 4 Planning certificates
(Clause 279)
1 Names of relevant planning instruments and DCPs
(1) The name of each environmental planning instrument that applies to the carrying out of development on the land.(2) The name of each proposed environmental planning instrument that will apply to the carrying out of development on the land and that is or has been the subject of community consultation or on public exhibition under the Act (unless the Director-General has notified the council that the making of the proposed instrument has been deferred indefinitely or has not been approved).(3) The name of each development control plan that applies to the carrying out of development on the land.(4) In this clause, proposed environmental planning instrument includes a planning proposal for a LEP or a draft environmental planning instrument.
2 Zoning and land use under relevant LEPs
For each environmental planning instrument or proposed instrument referred to in clause 1 (other than a SEPP or proposed SEPP) that includes the land in any zone (however described):(a) the identity of the zone, whether by reference to a name (such as “Residential Zone” or “Heritage Area”) or by reference to a number (such as “Zone No 2 (a)”),(b) the purposes for which the instrument provides that development may be carried out within the zone without the need for development consent,(c) the purposes for which the instrument provides that development may not be carried out within the zone except with development consent,(d) the purposes for which the instrument provides that development is prohibited within the zone,(e) whether any development standards applying to the land fix minimum land dimensions for the erection of a dwelling-house on the land and, if so, the minimum land dimensions so fixed,(f) whether the land includes or comprises critical habitat,(g) whether the land is in a conservation area (however described),(h) whether an item of environmental heritage (however described) is situated on the land.
2A Zoning and land use under State Environmental Planning Policy (Sydney Region Growth Centres) 2006
To the extent that the land is within any zone (however described) under:(a) Part 3 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (the 2006 SEPP), or(b) a Precinct Plan (within the meaning of the 2006 SEPP), or(c) a proposed Precinct Plan that is or has been the subject of community consultation or on public exhibition under the Act,the particulars referred to in clause 2 (a)–(h) in relation to that land (with a reference to “the instrument” in any of those paragraphs being read as a reference to Part 3 of the 2006 SEPP, or the Precinct Plan or proposed Precinct Plan, as the case requires).
(1) Whether or not the land is land on which complying development may be carried out under each of the codes for complying development because of the provisions of clause 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.(2) If complying development may not be carried out on that land because of the provisions of clause 1.19 of that Policy, the reasons why it may not be carried out under that clause.
Whether or not the land is affected by the operation of section 38 or 39 of the Coastal Protection Act 1979, but only to the extent that the council has been so notified by the Department of Services, Technology and Administration.
Whether or not the land is proclaimed to be a mine subsidence district within the meaning of section 15 of the Mine Subsidence Compensation Act 1961.
6 Road widening and road realignment
Whether or not the land is affected by any road widening or road realignment under:(a) Division 2 of Part 3 of the Roads Act 1993, or(b) any environmental planning instrument, or(c) any resolution of the council.
7 Council and other public authority policies on hazard risk restrictions
Whether or not the land is affected by a policy:(a) adopted by the council, or(b) adopted by any other public authority and notified to the council for the express purpose of its adoption by that authority being referred to in planning certificates issued by the council,that restricts the development of the land because of the likelihood of land slip, bushfire, tidal inundation, subsidence, acid sulphate soils or any other risk (other than flooding).
7A Flood related development controls information
(1) Whether or not development on that land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) is subject to flood related development controls.(2) Whether or not development on that land or part of the land for any other purpose is subject to flood related development controls.(3) Words and expressions in this clause have the same meanings as in the instrument set out in the Schedule to the Standard Instrument (Local Environmental Plans) Order 2006.
8 Land reserved for acquisition
Whether or not any environmental planning instrument or proposed environmental planning instrument referred to in clause 1 makes provision in relation to the acquisition of the land by a public authority, as referred to in section 27 of the Act.
The name of each contributions plan applying to the land.
9A Biodiversity certified land
If the land is biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995), a statement to that effect.
If the land is land to which a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 relates, a statement to that effect (but only if the council has been notified of the existence of the agreement by the Director-General of the Department of Environment, Climate Change and Water).
If any of the land is bush fire prone land (as defined in the Act), a statement that all or, as the case may be, some of the land is bush fire prone land.If none of the land is bush fire prone land, a statement to that effect.
If the land is land to which a property vegetation plan under the Native Vegetation Act 2003 applies, a statement to that effect (but only if the council has been notified of the existence of the plan by the person or body that approved the plan under that Act).
13 Orders under Trees (Disputes Between Neighbours) Act 2006
Whether an order has been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land (but only if the council has been notified of the order).
If there is a direction by the Minister in force under section 75P (2) (c1) of the Act that a provision of an environmental planning instrument prohibiting or restricting the carrying out of a project or a stage of a project on the land under Part 4 of the Act does not have effect, a statement to that effect identifying the provision that does not have effect.
15 Site compatibility certificates and conditions for seniors housing
If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies:(a) a statement of whether there is a current site compatibility certificate (seniors housing), of which the council is aware, in respect of proposed development on the land and, if there is a certificate, the statement is to include:(i) the period for which the certificate is current, and(ii) that a copy may be obtained from the head office of the Department of Planning, and(b) a statement setting out any terms of a kind referred to in clause 18 (2) of that Policy that have been imposed as a condition of consent to a development application granted after 11 October 2007 in respect of the land.
16 Site compatibility certificates for infrastructure
A statement of whether there is a valid site compatibility certificate (infrastructure), of which the council is aware, in respect of proposed development on the land and, if there is a certificate, the statement is to include:(a) the period for which the certificate is valid, and(b) that a copy may be obtained from the head office of the Department of Planning.
17 Site compatibility certificates and conditions for affordable rental housing
(1) A statement of whether there is a current site compatibility certificate (affordable rental housing), of which the council is aware, in respect of proposed development on the land and, if there is a certificate, the statement is to include:(a) the period for which the certificate is current, and(b) that a copy may be obtained from the head office of the Department of Planning.(2) A statement setting out any terms of a kind referred to in clause 17 (1) or 38 (1) of State Environmental Planning Policy (Affordable Rental Housing) 2009 that have been imposed as a condition of consent to a development application in respect of the land.
Note. The following matters are prescribed by section 59 (2) of the Contaminated Land Management Act 1997 as additional matters to be specified in a planning certificate:(a) that the land to which the certificate relates is significantly contaminated land within the meaning of that Act—if the land (or part of the land) is significantly contaminated land at the date when the certificate is issued,(b) that the land to which the certificate relates is subject to a management order within the meaning of that Act—if it is subject to such an order at the date when the certificate is issued,(c) that the land to which the certificate relates is the subject of an approved voluntary management proposal within the meaning of that Act—if it is the subject of such an approved proposal at the date when the certificate is issued,(d) that the land to which the certificate relates is subject to an ongoing maintenance order within the meaning of that Act—if it is subject to such an order at the date when the certificate is issued,(e) that the land to which the certificate relates is the subject of a site audit statement within the meaning of that Act—if a copy of such a statement has been provided at any time to the local authority issuing the certificate.
Note. Section 26 of the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 provides that a planning certificate must include advice about any exemption under section 23 or authorisation under section 24 of that Act if the council is provided with a copy of the exemption or authorisation by the Co-ordinator General under that Act.