Conduct a planning search on your property to obtain information about existing use rights, planning scheme provisions, infrastructure charges or agreements, and development approvals.

Buying a property or land is often one of the largest investments you make. There are a number of Council searches available in the Douglas Shire Council area which may be beneficial to prospective land and property owners.

Planning Certificates are arranged by completing a Land Records Search Form and paying the relevant fee.

Conduct a search on your property to obtain information about existing use rights, planning scheme provisions, infrastructure charges or agreements, and development approvals.

A person may apply for one of three types of planning and development certificates. A local government must give a planning and development certificate to an applicant within:

  • Limited certificate – 2 or 5 business days option
  • Standard certificate – 10 business days
  • Full certificate – 30 business days

 

An application can be made on a Land Search Form and must be accompanied by the fee. A separate application must be made for each individual property.

The purpose of the certificate is to provide information applicable to specific premises on planning scheme provisions, infrastructure charges or agreements and development approvals.

 

Limited planning and development certificate

A limited planning and development certificate for premises must include:

  • A summary of the provisions of any planning scheme or charges resolution applying specifically to the premises; and
  • If a Temporary Local Planning Instrument (TLPI) applies to the premises and suspends or otherwise affects the operation of a planning scheme provision stated in paragraph (a) – a description of the way in which the TLPI suspends or otherwise affects the provision; and
  • If a variation approval is in effect for the premises – a description of the way in which the variation approval varies the effect of a planning scheme provision stated in paragraph (a); and
  • If a provision of a State planning instrument applies to the premises – a summary of the provision; and
  • A description of any designation applying to the premises; and
  • A copy of any information recorded for the premises in the infrastructure charges register kept by the local government under schedule.

 

 

Standard planning and development certificate

A standard planning and development certificate for premises, in addition to the information contained in a limited planning and development certificate must include or be accompanied by:

  • A copy of every decision notice or negotiated decision notice for a development approval in effect for the premises; and
  • Details of any changes made to a development approval in effect for the premises; and
  • Details of any approval given to extend the currency period of a development approval in effect for the premises; and (d) a copy of every deemed approval notice relating to the premises, if the development approval that the notice relates to has not lapsed; and
  • A copy of every continuing approval stated in the repealed IPA, section 6.1.23(1)(a) to (d) relating to, and in effect for, the premises, including any approval, consent or permission that, under the repealed LGP&E Act, section 8.10(8) was continued in effect as if it were an approval, consent or permission stated in the repealed IPA, section 6.1.23(1)(a) to (d); and
  • Details of any decision to approve or refuse an application to amend a planning scheme made under the repealed LGP&E Act, section 4.3, including any conditions of approval, relating to the premises; and
  • A copy of every compliance certificate given under the old Act relating to the premises and in effect at the time the standard planning and development certificate is given, including any changes made to the compliance certificate; and
  • A copy of any exemption certificate for development on the premises given by the local government under section 46 of the Act, including –
    • The day the certificate was given; and
    • If the certificate is no longer in effect for the premises – the day it stopped having effect; and a copy of any judgment or order of the P&E Court or a tribunal about:
      • A development approval in effect for the premises; or
      • A condition included in a compliance certificate in effect for the premises; and
    • A copy of any agreement that the local government is a party to about a development condition of a development approval in effect for the premises; and
    • A copy of any agreement that a referral agency is a party to about a development condition of a development approval in effect for the premises, if the local government has been given a copy of the agreement; and
    • A copy of any infrastructure agreement applying to the premises that the local government:
      • Is a party to; or
      • Has received a copy of under section 153 of the Act; and
    • A description of each amendment, proposed to be made by the local government to its planning scheme, that has not yet been made at the time the certificate is given; and
    • If the premises are within a declared master planned area:
      • A copy of each master plan (a current master plan) applying to the premises that continues to have effect under section 315 of the Act; and
      • A copy of each notice of decision or negotiated decision given under the old Act about a master plan application under that repealed Act for a current master plan; and
      • A copy of any judgement or order of the P&E Court or a building and development committee under the old Act about a condition included in a current master plan.

 

 

Full planning and development certificate

A full planning and development certificate for premises, in addition to the information contained in a limited and standard planning and development certificate, must include or be accompanied by:

  • If a relevant approval for the premises includes conditions (including conditions about the carrying out of works or the payment of money, other than under an infrastructure agreement) imposed, or required to be imposed, by the local government – a statement about the fulfilment or non-fulfilment of each condition, at a stated day after the day the certificate was applied for; and
  • If an infrastructure agreement applies to the premises and the local government is a party to the agreement:
    • Details of the nature and extent of any obligations under the agreement that have not been fulfilled; and
    • Details of any security required under the agreement, including whether any payment required to be made under the security has been made; and
  •  Details of any prosecution, or proceedings for a prosecution, for a development offence under the Act, the old Act or the repealed IPA relating to the premises that the local government is aware of.