Your Questions Answered

What is a s149?,

It provides information on how a property holding may be used and limitations on its development

Copy of a local affected 149 certificate. 

2.     Who issues it?,

Port Stephens Council (PSC)

3.      How  is it used in a house sale/purchase?,

A s149 certificate will be obtained by the purchaser (or agent) to determine what limitations are placed upon the land in question.  Where there are limitations noted, this may affect the future use of the land and hence the value of the land.

4.      How does the ANEF and Aust Standards relate to it?,

The s149 issued by PSC notes that the area may be affected by Aircraft Noise and directs people to the Defence website to view the ANEF map and the Australian Standards on development within noise zones.

5.      The  implications of the current wording?,

 PSC, the sole development authority for your land, is silent on the issue. People are required to make their own judgement on the likely limitations based on the ANEF map and the Australian Standards. Therefore, it is very easy for people to come to the conclusion that development is either not allowed, or allowed with restrictions (in particular noise attenuation measures indicated to be about $70,000). The end result is significant fall in land values.

6.       What can we do? ,

there are several remedies, some of which will provide a part resolution. In particular,

a) lobby Federal Government to have the ANEF20205 withdrawn and a more appropriate measurement undertaken,

b) lobby State Government to ensure no further development is undertaken during this review process, so that future ratepayers do not suffer the same fate as existing            ratepayers, and existing ratepayers do not suffer due to future residential development

c) lobby PSC to

1) stand up for the rights of existing ratepayers by engaging and  supporting calls  to  Federal and State governments for action,

2) develop a clear noise policy rather than hiding behind the Australian Standard

3) ensure existing property owners do not suffer as a consequence of those development conditions