Land record searches
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 - 5 business days
- Standard certificate - 10 business days
- Full certificate - 30 business days
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 certificates
A limited planning and development certificate contains the following information for a premises.
- A summary of the provisions of any planning scheme, including any infrastructure charges schedule or regulated infrastructure charges schedule, applying specifically to the premises.
- If any of the State planning regulatory provisions apply to the premises - a description of the provisions that apply.
- A description of any designations applying to the premises.
Standard planning and development certificates
A standard planning and development certificate, in addition to the information contained in a limited planning and development certificate, contains the following information for premises.
- A copy of every decision notice or negotiated decision notice for a development approval given under the Sustainable Planning Act 2009 (SPA) or repealed Integrated Planning Act 1997 (IPA) that has not lapsed.
- A copy of every deemed approval notice relating to the premises, if the development approval to which the notice relates has not lapsed.
- A copy of every continuing approval mentioned in repealed IPA, section 6.1.23(1)(a) to (d).
- Details of any decision to approve or refuse an application to amend a planning scheme made under the repealed Local Government (Planning and Environment) Act 1990 LGP&E Act, section 4.3 including any conditions of approval.
- A copy of every compliance permit or compliance certificate in effect at the time the standard planning and development certificate is given;a copy of each master plan applying to the promises.
- A copy of every notice of decision or negotiated notice about a master plan application for a master plan given under SPA or repealed IPA, in force for the planning scheme area for the premises.
- A copy of any information recorded for the premises in the infrastructure charges register or regulated infrastructure charges register.
- Details of any permissible changes to a development approval given under changes SPA or minor changes made to a development approval given under repealed IPA.
- Details of any charges to a compliance permit or compliance certificate.
- A copy of any judgment or order of the court or a building and development committee about the development approval, a condition included in the masters plan or a condition included in the compliance permit or compliance certificate.
- A copy of any agreement to which the local government or a concurrence agency is a party about a condition of the development approval.
- A copy of any infrastructure agreement applying to the premises to which the local government is a party or that it has received a copy of under section 662.
- A description of each amendment, proposed to be made by local government to its planning scheme, that has not yet been made at the time the certificate is given, including an amendment to include a structure plan.
Full planning and development certificates
A full planning and development certificate, in addition to the information contained in a limited and standard planning and development certificate, must contain or be accompanied by the following information for premises.- 1. If there is currently in force for the premises a development approval or a compliance permit containing conditions (including conditions about the carrying out of works or the payment of money, other than under an infrastructure agreement) - a statement about the fulfillment or non-fulfillment of each condition at a stated day after the day the certificate was applied for.
- 2. If there is a master plan that applies to the premises that includes conditions, including conditions of a type mentioned in paragraph (a) - a statement about the fulfillment or non-fulfillment of each condition, at a stated day after the day the certificate was applied for.
- a) if there are obligations under the agreement that have not been fulfilled - details of the nature and extent of the obligations not fulfilled and
- b) details of the giving of any security and whether any payment required.
- a) any prosecution for a development offence under this Act or repealed IPA in relation to the premises of which the local government is aware or
- b) proceedings for a prosecution for a development offence under this Act or repealed IPA in relation to the premises of which the local government is aware.
- 3. if there is an infrastructure agreement to which the local government is a party
- 4. To be made under the security has been made: advice of -
- any prosecution for a development offence under this Act or repealed IPA in relation to the premises of which the local government is aware; or
- proceedings for a prosecution for a development offence under this Act or repealed IPA in relation to the premises of which the local government is aware.
An applicant may request that a full certificate be given without the information normally contained in a limited and standard certificate.
If a condition under subsection (1) relates to the ongoing operating requirements of the use of premises, the statement need not make reference to the fulfillment or non-fulfillment of the conditions other than under subsection (3).