I need planning due diligence

A planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) is issued by the local council and sets out planning information about a parcel of land, such as the applicable zoning, relevant environmental planning instruments, and certain notified constraints. It generally comes in two parts: the section 10.7(2) certificate contains prescribed information that must be disclosed, while the fuller section 10.7(5) certificate may include additional advice the council chooses to provide. It is an important starting point, but it does not usually capture every constraint or risk affecting a site, so it is commonly read alongside title searches, mapping and specialist reports.

A vendor's contract for sale of land in NSW will usually attach a section 10.7 planning certificate, but it reflects the planning position only as at its issue date, and controls such as zoning, planning proposals or hazard mapping can change. The certificate also generally discloses only prescribed matters and may not address a buyer's specific intended use or development. Whether the attached certificate is current and sufficient for a particular purpose depends on the facts, which is why the position is commonly confirmed as up to date before a buyer commits.

Zoning that lists an intended use as permissible with consent is an important first step, but permissibility does not by itself mean a development will be approved. Development standards, overlays and site constraints such as flooding, bushfire, heritage, contamination or biodiversity can still significantly affect what can realistically be built, and an application generally remains subject to a merit assessment by the consent authority. For that reason, both permissibility and the practical approval pathway are commonly examined as part of due diligence, and the position depends on the specific facts.

Flood and bushfire are common constraints in NSW, and they are often flagged on a council's section 10.7 planning certificate, with bushfire-prone land typically identified on a council bushfire prone land map. Mapping and certificates do not always reflect the full extent of a hazard or the controls that apply to a particular proposal, so the position is frequently confirmed through council records, flood studies and, where relevant, a specialist assessment. Because the implications for what can be built depend on the specific site and intended use, the exact position should be checked against the relevant facts.