A section 149 certificate providing the local council’s zoning and other information in relation to a property within its Local Environmental Plan is a mandatory disclosure document in every contract for sale and purchase of land in New South Wales.
It is critical to always check for a purchaser or the grantee of any interest, security or mortgage that the development on the land or proposed development is at least permissible with development consent.
Recently we encountered an unusual and unfamiliar zoning. The 149 certificate did not mention residential development as permissible with development consent. The 149 certificate also stated that any development not expressly described as permissible with consent is in fact prohibited.
This was a concern in the matter as our client’s interest depended on the permissibility of certain residential development.
It is important to investigate further and obtain from the relevant Council the Land Zoning Map for the land. On looking at the Land Zoning Map in this case it was revealed that the appropriate residential development required by our client was expressly noted on the map as permissible with consent, along with a number of other permissible developments that were not expressly referred to in the relevant parts of the 149 certificate.
So a 149 certificate is not necessarily the last word or complete and comprehensive when it comes to establishing what are the permissible developments with consent. For more information contact Peter Bahlmann of our Property Team.