What is a Section 10.7 Planning Certificate?

A Section 10.7 Planning Certificate, issued under Section 10.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act), provides essential information about a property within a council’s jurisdiction. This certificate is commonly requested during property purchases, sales, and developments to identify potential restrictions and legal considerations affecting the land.

The Legal Basis for s10.7 Certificates

Under Section 10.7(1) of the EP&A Act, a person may apply to a local council for a planning certificate regarding any land within its area. Upon payment of the required fee, the council must issue the certificate, which provides relevant planning information, as required by law.

Key clauses include:

• Section 10.7(2): Councils must provide mandatory information about the land, such as zoning, applicable planning controls, and other relevant details.
• Section 10.7(5): Councils may also provide additional advice on relevant matters affecting the land that are not mandated by regulations.
• Section 10.7(6): Councils are protected from liability for providing additional advice in good faith, with exceptions related to contaminated land.

Key Parts of the s10.7 Planning Certificate

A Section 10.7 Planning Certificate is divided into two main parts, with each covering different types of information:

1. Part 2 – Mandatory Information (Section 10.7(2))

This part is compulsory and includes critical information about the property:

1. Planning and Development Instruments
   Lists all relevant planning instruments, such as State Environmental Planning Policies (SEPPs) and Local Environmental Plans (LEPs), that govern development on the land.
2. Zoning Information
   Provides the zoning classification of the land, indicating the types of land use and development that are permitted or prohibited, with or without consent.
3. Contribution Plans
   Outlines any local infrastructure contributions or development levies that may apply to the property, as required under Division 7.1 of the EP&A Act.
4. Complying Development
   States whether complying development is permitted on the land, allowing for a faster approval process if the development meets pre-determined criteria.
5. Exempt Development
   Details whether the land qualifies for exempt development under relevant SEPPs, meaning certain minor developments can proceed without the need for council approval.
6. Affected Building Notices and Building Product Rectification Orders
   Indicates if the council is aware of any building notices or product rectification orders affecting the property, such as those related to unsafe building materials or cladding.
7. Land Reserved for Acquisition
   Specifies if the land is reserved for future acquisition by a state authority, often for infrastructure projects such as road or utility expansions.
8. Road Widening and Realignment
   Discloses whether the property is affected by any proposals for road widening or realignment under local or state planning laws.
9. Flood-Related Development Controls
   Provides information on whether the property is located in a flood-prone area and is subject to flood-related development controls, which may restrict building on certain parts of the land.
10. Council and Other Public Authority Policies and Hazard Risk Restrictions
    Identifies any council or public authority policies that restrict development due to hazards like landslides, contamination, or subsidence, in addition to flooding.
11. Bushfire Prone Land
    Indicates if the land is designated as bushfire prone, which may require specific safety measures and development controls to mitigate fire risk.
12. Loose-Fill Asbestos Insulation
    Confirms if the property includes any residential premises that are listed on the NSW register for loose-fill asbestos insulation, which may require rectification work.
13. Mine Subsidence
    Advises whether the land is declared to be within a mine subsidence district, which could affect the stability of buildings and require additional construction precautions.
14. Paper Subdivision Information
    Provides details about any development plans or subdivision orders that apply to the land, including if the land is part of a “paper subdivision,” where infrastructure may be absent.
15. Property Vegetation Plans
    States if the land is subject to a Property Vegetation Plan under the Native Vegetation Act, which could impact the ability to clear or manage vegetation on the site.
16. Biodiversity Stewardship Sites
    Confirms whether the land is part of a biodiversity stewardship agreement, where the property owner manages the land for conservation in exchange for environmental credits.
17. Biodiversity Certified Land
    Advises if the property is biodiversity certified, meaning it has been assessed for its conservation value under the Biodiversity Conservation Act.
18. Orders under Trees (Disputes Between Neighbours) Act 2006
    Indicates if an order has been made under the Trees (Disputes Between Neighbours) Act to carry out work on trees affecting neighbouring properties.
19. Annual Charges for Coastal Protection Services
    States whether the land is subject to annual charges under the Local Government Act for coastal protection services related to existing coastal protection works.
20. Western Sydney Aerotropolis
    Advises if the property is affected by the Western Sydney Aerotropolis planning, including airspace protection, height restrictions, and wildlife buffer zones.
21. Development Consent Conditions for Seniors Housing
    Lists any conditions of development consent that may apply to the land if it is subject to State Environmental Planning Policy (Housing for Seniors or People with a Disability).
22. Site Compatibility Certificates and Development Consents for Affordable Rental Housing
    Provides information about any site compatibility certificates or development consents related to affordable rental housing on the land.
23. Water or Sewerage Services
    Confirms if water or sewerage services are provided or are to be provided to the land under the Water Industry Competition Act 2006.

2. Part 5 – Additional Optional Information (Section 10.7(5))

Part 5 allows councils to provide extra advice on matters not covered in Part 2, such as detailed flood information, environmental considerations, or proximity to major infrastructure like airports. This section is discretionary and may include specific land conditions or potential development challenges.

Why is a s10.7 Planning Certificate Important?

A Section 10.7 Planning Certificate is essential for property buyers, developers, and owners, as it provides a clear understanding of the planning controls, restrictions, and potential risks associated with the land. By knowing what is permitted and what challenges may arise, property owners can avoid costly mistakes, non-compliance, or delays in development.

The certificate’s legal protection under Section 10.7(7) ensures that the information provided by the council is presumed to be accurate, reducing the risk of legal disputes related to land use.

In summary, a Section 10.7 Planning Certificate is a critical tool for informed decision-making in property transactions and development planning in New South Wales. It outlines the legal and environmental considerations that may affect the property, ensuring compliance with the Environmental Planning and Assessment Act 1979.

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