Application for Certificate under Section 10.7

Planning certificates are issued by the council under section 10.7 of the Environmental Planning and Assessment Act 1979. A section 10.7(2) certificate contains the matters prescribed by Schedule 2 of the Environmental Planning and Assessment Regulation 2021: zoning, the planning instruments and policies that apply, planning controls, and hazards and risks. A section 10.7(5) certificate adds any other relevant information the council holds about the land; councils include that advice voluntarily and the Regulation cannot prescribe it. Anyone can buy a planning certificate, for any purpose. Gilgandra Shire Council describes 10.7 certificates as zoning certificates based on its Local Environmental Plan, showing the zone and whether the land is affected by bushfire, flooding or road widening. Its form also offers outstanding notices certificates under section 735A of the Local Government Act 1993 and under Division 9.3 and Schedule 5 of the Environmental Planning and Assessment Act 1979, and a drainage diagram.

When you need it

• You are preparing a contract for the sale of land in the Gilgandra Shire and need the 10.7(2) certificate and drainage diagram.
• You act for a buyer and want outstanding notices and orders searched.
• You want to know what a property can be used for before buying.

1. 1

   Certificate type

   Tick 10.7(2), 10.7(5), combined 10.7(2) and (5), outstanding notices under section 735A, outstanding notices under Division 9.3 and Schedule 5, or a drainage diagram. Building certificates under section 6.26 are listed but need a separate application form from the council's website.

2. 2

   Applicant's details

   Applicant, postal address, phone, reference and email.

3. 3

   Land

   Lot, section, DP or SP and parcel number. There are rows for several lots. Then the address, locality and owner's name.

4. 4

   Property use

   Tick dwelling, flats, commercial, industrial, vacant land or farming.

• The form does not print lodgement details. Gilgandra Shire Council's contact page gives council@gilgandra.nsw.gov.au and PO Box 23, Gilgandra. Contact the council to arrange payment.
• A fee applies to each certificate and the council publishes its current amounts each financial year. Check the current fee schedule before paying, as printed amounts change on 1 July.
• Planning certificates can also be requested through the NSW Planning Portal in participating council areas; the application is sent to the council to review. Check whether this council accepts Planning Portal applications before choosing that route.

• Gilgandra's page still describes the 10.7(2) matters by reference to Schedule 4 of the EP&A Regulation 2000; the current list is Schedule 2 of the EP&A Regulation 2021.
• If you also need a section 603 rates certificate, ask the council for its 603 application.