Table Of Contents

Newcastle Local Environmental Plan 2012

Part 1 Preliminary
1.1   Name of Plan
This Plan is Newcastle Local Environmental Plan 2012.
1.1AA   Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2   Aims of Plan
(1)  This Plan aims to make local environmental planning provisions for land in the City of Newcastle in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2)  The particular aims of this Plan are as follows—
(aa)  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a)  to respect, protect and complement the natural and cultural heritage, the identity and image, and the sense of place of the City of Newcastle,
(b)  to conserve and manage the natural and built resources of the City of Newcastle for present and future generations, and to apply the principles of ecologically sustainable development in the City of Newcastle,
(c)  to contribute to the economic well being of the community in a socially and environmentally responsible manner and to strengthen the regional position of the Newcastle city centre as a multi-functional and innovative centre that encourages employment and economic growth,
(d)  to facilitate a diverse and compatible mix of land uses in and adjacent to the urban centres of the City of Newcastle, to support increased patronage of public transport and help reduce travel demand and private motor vehicle dependency,
(e)  to encourage a diversity of housing types in locations that improve access to employment opportunities, public transport, community facilities and services, retail and commercial services,
(f)  to facilitate the development of building design excellence appropriate to a regional city.
1.3   Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4   Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5   Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6   Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7   Maps
(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a)  approved by the local plan-making authority when the map is adopted, and
(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA)    (Repealed)
(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8   Repeal of planning instruments applying to land
(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note—
The following local environmental plans are repealed under this provision—
(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
1.8A   Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note—
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
cl 1.8A: Am 2019 (621), Sch 5[1].
1.9   Application of SEPPs
(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(2A)  State Environmental Planning Policy No 71—Coastal Protection does not apply to land in the Newcastle City Centre.
1.9A   Suspension of covenants, agreements and instruments
(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2)  This clause does not apply—
(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or
(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.
(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1   Land use zones
The land use zones under this Plan are as follows—
Residential Zones
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
IN3 Heavy Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Environment Protection Zones
E1 National Parks and Nature Reserves
E2 Environmental Conservation
E3 Environmental Management
E4 Environmental Living
Waterway Zones
W2 Recreational Waterways
cl 2.1: Am 2018 (149), Sch 1 [1].
2.2   Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3   Zone objectives and Land Use Table
(1)  The Land Use Table at the end of this Part specifies for each zone—
(a)  the objectives for development, and
(b)  development that may be carried out without development consent, and
(c)  development that may be carried out only with development consent, and
(d)  development that is prohibited.
(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3)  In the Land Use Table at the end of this Part—
(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Land Use Table
Note—
A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)
State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
Land Use tbl: Am 2014 (154), Sch 1 [1]; 2014 (483), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1] [2]; 2017 (655), cl 4; 2018 (149), Sch 1 [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (68), cl 5(1).
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To accommodate a diversity of housing forms that respects the amenity, heritage and character of surrounding development and the quality of the environment.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Emergency services facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Hospitals; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation
4   Prohibited
Backpackers’ accommodation; Hostels; Rural workers’ dwellings; Serviced apartments; Any other development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To allow some diversity of activities and densities if—
(i)  the scale and height of proposed buildings is compatible with the character of the locality, and
(ii)  there will be no significant adverse impact on the amenity of any existing nearby development.
•  To encourage increased population levels in locations that will support the commercial viability of centres provided that the associated new development—
(i)  has regard to the desired future character of residential streets, and
(ii)  does not significantly detract from the amenity of any existing nearby development.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Car parks; Centre-based child care facilities; Community facilities; Educational establishments; Emergency services facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health services facilities; Home-based child care; Home businesses; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Tourist and visitor accommodation
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a high density residential environment.
•  To provide a variety of housing types within a high density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To promote a denser urban form along transport corridors while respecting the residential character of adjoining streets.
•  To maximise redevelopment and infill opportunities for high density housing within walking distance of centres.
•  To provide for commercial development that contributes to the vitality of the street where provided within a mixed use development.
•  To promote a balance of residential accommodation within a mixed use development.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Attached dwellings; Boarding houses; Business premises; Car parks; Centre-based child care facilities; Community facilities; Educational establishments; Emergency services facilities; Flood mitigation works; Food and drink premises; Health services facilities; Home-based child care; Home businesses; Hostels; Kiosks; Multi-dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Roads; Service stations; Shop top housing; Tourist and visitor accommodation
4   Prohibited
Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 3
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To provide for residential development that maintains active retail frontages in order to contribute to a safe, attractive, friendly, accessible and efficient pedestrian environment.
•  To maintain the hierarchy of urban centres throughout the City of Newcastle and not prejudice the viability of centres within Zone B2 Local Centre or Zone B3 Commercial Core.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Business premises; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Function centres; Health services facilities; Home-based child care; Home businesses; Information and education facilities; Light industries; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Roads; Service stations; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals
4   Prohibited
High technology industries; Home industries; Pond-based aquaculture Rural supplies; Specialised retail premises; Timber yards; Any other development not specified in item 2 or 3
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To provide for residential development that maintains active retail and business frontages in order to contribute to a safe, attractive, friendly, accessible and efficient pedestrian environment.
•  To maintain the hierarchy of urban centres throughout the City of Newcastle and not prejudice the viability of the Newcastle City Centre.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Educational establishments; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Function centres; Health services facilities; Home-based child care; Home businesses; Home occupations (sex services); Hostels; Industrial retail outlets; Information and education facilities; Light industries; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Sex services premises; Shop top housing; Signage; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals; Water recreation structures
4   Prohibited
High technology industries; Pond-based aquaculture Any other development not specified in item 2 or 3
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To provide for commercial floor space within a mixed use development.
•  To strengthen the role of the Newcastle City Centre as the regional business, retail and cultural centre of the Hunter region.
•  To provide for the retention and creation of view corridors.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sex services premises; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
•  To support nearby or adjacent commercial centres without adversely impacting on the viability of those centres.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based aquaculture; Any other development not specified in item 2 or 4
4   Prohibited
Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Camping grounds; Caravan parks; Cemeteries; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Farm buildings; Exhibition villages; Extractive industries; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Open cut mining; Pond-based aquaculture Resource recovery facilities; Rural industries; Secondary dwellings; Semi-detached dwellings; Sewage treatment plants; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water recycling facilities; Water supply systems
Zone B5   Business Development
1   Objectives of zone
•  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
•  To accommodate a wide range of employment generating uses and associated support facilities including light industrial, transport and storage activities.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Amusement centres; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Correctional centres; Crematoria; Depots; Educational establishments; Flood mitigation works; Garden centres; Hardware and building supplies; Industrial retail outlets; Information and education facilities; Landscaping material supplies; Light industries; Mortuaries; Oyster aquaculture; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restricted premises; Roads; Self-storage units; Service stations; Sex services premises; Signage; Specialised retail premises; Tank-based aquaculture; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies
4   Prohibited
High technology industries; Pond-based aquaculture Pubs; Restaurants or cafes; Roadside stalls; Any other development not specified in item 2 or 3
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To allow commercial, retail or other development where it is—
(i)  ancillary to the use of land in this zone for industrial, research, service or storage purposes, or
(ii)  primarily intended to provide personal services and community facilities to persons occupied or employed in activities otherwise permitted in this zone or for the benefit of the local community.
•  To ensure that any such commercial, retail or other development is unlikely to be prejudicial—
(i)  to employment-generating activities, or
(ii)  to the viability of existing commercial centres.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boat building and repair facilities; Boat launching ramps; Car parks; Centre-based child care facilities; Community facilities; Correctional centres; Crematoria; Depots; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Helipads; Heliports; Industrial retail outlets; Industrial training facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Port facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Respite day care centres; Restricted premises; Roads; Service stations; Sewerage systems; Sex services premises; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water supply systems; Wholesale supplies
4   Prohibited
Pond-based aquaculture Water recycling facilities; Any other development not specified in item 2 or 3
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boat building and repair facilities; Boat launching ramps; Car parks; Centre-based child care facilities; Community facilities; Crematoria; Depots; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Helipads; Heliports; Industrial retail outlets; Industrial training facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Respite day care centres; Restricted premises; Roads; Service stations; Sex services premises; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Wholesale supplies
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN3   Heavy Industrial
1   Objectives of zone
•  To provide suitable areas for those industries that need to be separated from other land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of heavy industry on other land uses.
•  To support and protect industrial land for industrial uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Boat building and repair facilities; Boat launching ramps; Car parks; Depots; Extractive industries; Flood mitigation works; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Jetties; Kiosks; Light industries; Marinas; Moorings; Neighbourhood shops; Offensive storage establishments; Open cut mining; Oyster aquaculture; Passenger transport facilities; Port facilities; Recreation facilities (indoor); Roads; Service stations; Sewerage systems; Sex services premises; Signage; Take away food and drink premises; Tank-based aquaculture; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water supply systems; Wholesale supplies
4   Prohibited
High technology industries; Pond-based aquaculture Any other development not specified in item 2 or 3
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Roads
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Roads
3   Permitted with consent
Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP3   Tourist
1   Objectives of zone
•  To provide for a variety of tourist-oriented development and related uses.
•  To provide for a range of compatible land uses.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Amusement centres; Aquaculture; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Flood mitigation works; Food and drink premises; Function centres; Health services facilities; High technology industries; Information and education facilities; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Tourist and visitor accommodation
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental facilities; Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Moorings; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Environmental facilities; Environmental protection works; Home occupations
3   Permitted with consent
Amusement centres; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dwelling houses; Emergency services facilities; Entertainment facilities; Flood mitigation works; Food and drink premises; Function centres; Helipads; Home-based child care; Jetties; Kiosks; Marinas; Markets; Moorings; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Water recreation structures
4   Prohibited
Pubs; Any other development not specified in item 2 or 3
Zone E1   National Parks and Nature Reserves
1   Objectives of zone
•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•  To enable uses authorised under the National Parks and Wildlife Act 1974.
•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone E2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
•  To provide for the management of the majority of the Hunter River floodplain by restricting the type and intensity of development to that compatible with the anticipated risk to life and property.
•  To provide for the conservation, enhancement and protection of the Hexham Wetlands.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Agriculture; Dwelling houses; Environmental facilities; Farm buildings; Flood mitigation works; Oyster aquaculture Recreation areas; Roads
4   Prohibited
Animal boarding or training establishments; Business premises; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Intensive plant agriculture; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E3   Environmental Management
1   Objectives of zone
•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•  To provide for a limited range of development that does not have an adverse effect on those values.
•  To provide for the conservation of the rural and bushland character of the land that forms the scenic edge of and the gateway to urban Newcastle.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Bed and breakfast accommodation; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Signage; Tank-based aquaculture; Water recreation structures
4   Prohibited
Industries; Intensive livestock agriculture; Intensive plant agriculture; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone E4   Environmental Living
1   Objectives of zone
•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•  To ensure that residential development does not have an adverse effect on those values.
•  To conserve the rural or bushland character and the biodiversity or other conservation values of the land.
•  To provide for the development of land for purposes that will not, or will be unlikely to, prejudice its possible future development for urban purposes or its environmental conservation.
2   Permitted without consent
Environmental protection works; Home occupations
3   Permitted with consent
Agriculture; Animal boarding or training establishments; Bed and breakfast accommodation; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Landscaping material supplies; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Pond-based aquaculture; Recreation areas; Research stations; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture
4   Prohibited
Industries; Intensive livestock agriculture; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W2   Recreational Waterways
1   Objectives of zone
•  To protect the ecological, scenic and recreation values of recreational waterways.
•  To allow for water-based recreation and related uses.
•  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Environmental protection works
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Emergency services facilities; Environmental facilities; Jetties; Kiosks; Marinas; Moorings; Passenger transport facilities; Recreation areas; Roads; Water recreation structures
4   Prohibited
Industries; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
Note 2—
The Native Vegetation Act 2003 does not apply in the City of Newcastle.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to provide subdivision lot sizes that meet community and economic needs, while ensuring that environmental and social values are safeguarded,
(b)  to facilitate greater diversity in housing choice,
(c)  to ensure that lots are of sufficient size to meet user requirements and to facilitate energy efficiency of the future built form,
(d)  to ensure that the subdivision of land in Zone E4 Environmental Living—
(i)  will not prejudice its possible future development for urban purposes or its environmental conservation, and
(ii)  will conserve the rural or bushland character, and the biodiversity values or other conservation values, of the land.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 1989.
(4A)  If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size for the purposes of subclause (3).
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to achieve lot sizes that meet community and economic needs, while ensuring that environmental and social values are safeguarded,
(b)  to ensure that lot sizes are sufficient to meet user requirements and to facilitate energy efficiency of the future built form.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—
(a)  Zone R2 Low Density Residential,
(b)  Zone R3 Medium Density Residential,
(c)  Zone R4 High Density Residential,
(d)  Zone B1 Neighbourhood Centre,
(e)  Zone B2 Local Centre,
(f)  Zone B3 Commercial Core,
(g)  Zone B4 Mixed Use,
(h)  Zone B5 Business Development,
(i)  Zone IN1 General Industrial,
(j)  Zone IN2 Light Industrial,
(k)  Zone IN3 Heavy Industrial,
(ka)  Zone E2 Environmental Conservation,
(kb)  Zone E3 Environmental Management,
(l)  Zone E4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Am 2015 (201), Sch 1 [1].
4.1A   Exceptions to minimum lot sizes for certain residential development
(1)  The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
(2)  This clause applies to development on land in the following zones—
(a)  Zone R2 Low Density Residential,
(b)  Zone R3 Medium Density Residential,
(c)  Zone B1 Neighbourhood Centre,
(d)  Zone B2 Local Centre,
(e)  Zone B4 Mixed Use.
(3)  Development consent may be granted to a single development application for development to which this clause applies that is both of the following—
(a)  the subdivision of land into 2 or more lots,
(b)  the erection of an attached dwelling, a semi-detached dwelling or a dwelling house on each lot resulting from the subdivision that does not have an existing dwelling on it, if the size of each lot is equal to or greater than 200 square metres.
cl 4.1A: Am 2014 (118), Sch 1.
4.1B   Minimum subdivision lot sizes for certain split zones
(1)  The objectives of this clause are as follows—
(a)  to provide for the subdivision of lots that are within more than one zone but that cannot be subdivided under clause 4.1,
(b)  to ensure that the subdivision occurs in a manner that promotes suitable land use and development while protecting environmental attributes of the land.
(2)  This clause applies to each lot (an original lot) that contains—
(a)  land in a residential, business or industrial zone, and
(b)  land in Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living.
(3)  Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)  one of the resulting lots will contain—
(i)  land in a residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii)  all of the land in Zone E2 Environmental Conservation, Zone E3 Environmental Management or E4 Environmental Living that was in the original lot, and
(b)  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
cl 4.1B: Ins 2015 (201), Sch 1 [2].
4.2   Rural subdivision
[Not adopted]
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure the scale of development makes a positive contribution towards the desired built form, consistent with the established centres hierarchy,
(b)  to allow reasonable daylight access to all developments and the public domain.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
Note—
See clause 7.9 for the maximum height of a building on land in Newcastle City Centre.
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate density of development consistent with the established centres hierarchy,
(b)  to ensure building density, bulk and scale makes a positive contribution towards the desired built form as identified by the established centres hierarchy.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
(2A)  Despite subclause (2), the maximum floor space ratio for a building on land in any zone in this Plan is to be determined as if the area of the access laneway of a battle-axe lot were not part of the area of the lot.
Note—
See clause 7.10 for the maximum floor space ratio for a building on land in Newcastle City Centre.
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if—
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition or Zone R5 Large Lot Residential.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(ca)  clause 8.1 or 8.2.
cl 4.6: Am 2013 (76), Sch 2 [1].
Part 5 Miscellaneous provisions
5.1   Relevant acquisition authority
(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map
Authority of the State
Zone RE1 Public Recreation and marked “Local open space”
Council
Zone RE1 Public Recreation and marked “Regional open space”
The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”
Transport for NSW
Zone E1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone E2 Environmental Conservation and marked “Classified road”
Transport for NSW
Zone E3 Environmental Management and marked “Classified road”
Transport for NSW
Zone E4 Environmental Living and marked “Classified road”
Transport for NSW
Zone IN3 Heavy Industrial and marked “Classified road”
Transport for NSW
Zone B2 Local Centre and marked “Classified road”
Transport for NSW
Zone R2 Low Density Residential and marked “Classified road”
Transport for NSW
Zone R3 Medium Density Residential and marked “Classified road”
Transport for NSW
Zone R2 Low Density Residential and marked “Local road”
Council
Zone R3 Medium Density Residential and marked “Local road”
Council
Zone B2 Local Centre and marked “Car park”
Council
Zone W2 Recreational Waterways and marked “Classified road”
Transport for NSW
(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2013 (539), Sch 1 [1]; 2020 No 30, Sch 4.56.
5.1A   Development on land intended to be acquired for public purposes
(1)  The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.
(2)  This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.
(3)  Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.
Column 1
Column 2
Land
Development
Zone R2 Low Density Residential and marked “Local road”
Roads
Zone R2 Low Density Residential and marked “Classified road”
Roads
Zone R3 Medium Density Residential and marked “Local road”
Roads
Zone R3 Medium Density Residential and marked “Classified road”
Roads
Zone B2 Local Centre and marked “Classified road”
Roads
Zone B2 Local Centre and marked “Car park”
Car parks
Zone IN3 Heavy Industrial and marked “Classified road”
Roads
Zone SP2 Infrastructure and marked “Classified road”
Roads
Zone RE1 Public Recreation and marked “Classified road”
Roads
Zone E2 Environmental Conservation and marked “Classified road”
Roads
Zone E3 Environmental Management and marked “Classified road”
Roads
Zone E4 Environmental Living and marked “Classified road”
Roads
Zone W2 Recreational Waterways and marked “Classified road”
Roads
cl 5.1A: Am 2013 (539), Sch 1 [2].
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or
(ab)  Zone E4 Environmental Living, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises.
Note—
When this Plan was made it did not include Zone W1 Natural Waterways.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a)  10% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 6 bedrooms.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 150 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a)  60 square metres,
(b)  20% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  10% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2018 (406), Sch 1.101 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
[Not adopted]
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to permit variations to maximum building height standards only where roof features contribute to the building design and overall skyline,
(b)  to ensure that the majority of the roof is contained within the maximum building height.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
5.7   Development below mean high water mark
(1)  The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
(2)  Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9   Dwelling house or secondary dwelling affected by natural disaster
(1)  The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.
(2)  This clause applies to land in the following zones—
(a)  R2 Low Density Residential,
(b)  R3 Medium Density Residential,
(c)  R4 High Density Residential,
(d)  B1 Neighbourhood Centre,
(e)  B2 Local Centre,
(f)  B4 Mixed Use,
(g)  IN2 Light Industrial,
(h)  RE2 Private Recreation,
(i)  E2 Environmental Conservation,
(j)  E3 Environmental Management,
(k)  E4 Environmental Living.
(3)  Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—
(a)  the dwelling house or secondary dwelling was lawfully erected, and
(b)  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.
cl 5.9: Ins 2021 (302), Sch 1.24.
5.9AA   (Repealed)
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows—
(a)  to conserve the environmental heritage of the City of Newcastle,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following—
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development—
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development—
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
[Not applicable]
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
[Not applicable]
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
(1)  The objectives of this clause are—
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located—
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  if the development is a poultry farm—within 500 metres of another poultry farm.
(5)  The following types of development are specified for the purposes of subclause (4)—
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause—
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20   Standards that cannot be used to refuse consent—playing and performing music
(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a)  the playing or performance of music, including the following—
(i)  the genre of music played or performed, or
(ii)  whether the music played or performed is live or amplified, or
(iii)  whether the music played or performed is original music, or
(iv)  the number of musicians or live entertainment acts playing or performing, or
(v)  the type of instruments played,
(b)  whether dancing occurs,
(c)  the presence or use of a dance floor or another area ordinarily used for dancing,
(d)  the direction in which a stage for players or performers faces,
(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3)  In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
Part 6 Additional local provisions—generally
6.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), foundations or flood mitigation works, or
(b)  the works are not likely to lower the watertable.
6.2   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring a separate development consent.
(2)  Development consent is required for earthworks unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
6.3   Serviced apartments
(1)  The objective of this clause is to prevent substandard residential building design occurring by way of converted serviced apartment development.
(2)  Development consent must not be granted for the subdivision, under a strata scheme, of a building or part of a building that is being, or has ever been, used for serviced apartments unless the consent authority has considered the following in relation to the development, as if it were a residential flat development—
(b)  the design principles of the Apartment Design Guide (within the meaning of that Policy).
(3)  Subclause (2)(a) does not apply if the development is the subdivision of a building to which State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development has ever applied.
cl 6.3: Am 2015 (316), Sch 2.9 [1] [2].
6.4   Land in Zone R4 High Density Residential
(1)  The objectives of this clause are—
(a)  to achieve a reasonable proportion of residential accommodation within new mixed use development in Zone R4 High Density Residential, and
(b)  to encourage the refurbishment of existing buildings in Zone R4 High Density Residential in the Newcastle City Centre by excluding the Newcastle City Centre from the requirements of this clause.
(2)  This clause applies to development on land in Zone R4 High Density Residential that is development for the purposes of—
(a)  the erection of a building (excluding alterations or additions to an existing building) for use as business premises, food and drink premises or office premises, or
(b)  a change of use of a building for use as business premises, food and drink premises or office premises.
(3)  Despite any other provision of this Plan, the consent authority must not grant development consent for development to which this clause applies unless it is satisfied that the development includes residential accommodation and the residential accommodation comprises at least 75% of the gross floor area of the building.
(4)  This clause does not apply to land in Newcastle City Centre.
cl 6.4: Am 2014 (483), Sch 1 [4]. Subst 2016 (137), cl 4.
6.5   Public safety—licensed premises
(1)  The objective of this clause is to ensure that development applications for licensed premises consider any impact on public safety.
(2)  Before granting consent for development involving the use of land as licensed premises, the consent authority must consider any impact of the proposed development on public safety.
(3)  In this clause—
licensed premises means a hotel within the meaning of the Liquor Act 2007 or a registered club.
6.6   Events permitted without development consent
(1)  The objective of this clause is to provide for the temporary use of public reserves and public roads for exhibitions, meetings, concerts or events.
(2)  Despite any other provision of this Plan, development (including any associated temporary structures) for the purpose of a temporary event may be carried out on a public reserve or public road without development consent.
Note—
Other approvals may be required, and must be obtained, under other Acts, including the Local Government Act 1993, the Roads Act 1993 and the Crown Land Management Act 2016.
(3)  State Environmental Planning Policy (Temporary Structures) 2007 does not apply to development to which this clause applies.
(4)  In this clause—
public reserve has the same meaning as in the Local Government Act 1993.
temporary event means an exhibition, meeting, concert or other event that is open to the public for which land is used for a period of not more than 52 days (whether or not consecutive) in any period of 12 months.
6.7   Location of sex services premises
(1)  Development consent must not be granted for development for the purposes of sex services premises if the premises will be located on land that adjoins, or that is separated only by a road from, land—
(a)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public Recreation, or
(b)  used as a place of public worship or for community or school uses.
(2)  In deciding whether to grant consent to any such development, the consent authority must take into account the impact that the proposed development would have on children who use the land.
6.8   Use of restaurants and small bars for extended hours
(1)  The use of nominated premises as a restaurant or small bar during the late trading period is exempt development if—
(a)  there is a development consent under which the nominated premises may be used as a restaurant or small bar at times other than during the late trading period, and
(b)  there is a small bar licence or on-premises licence under the Liquor Act 2007 in force for the nominated premises, and
(c)  the use does not contravene a term or condition of the development consent that applies at times other than during the late trading period, not including a term or condition that specifies or restricts the trading hours of the restaurant or small bar.
(2)  This clause does not affect the application of the Liquor Act 2007 to the sale, supply and consumption of liquor on nominated premises.
(3)  In this clause—
late trading period for a restaurant or small bar for a particular day means the period between—
(a)  the end of the period during which the nominated premises may be used as a restaurant or small bar under the development consent on the particular day, and
(b)  the end of the period during which liquor may be sold for consumption on the premises under the Liquor Act 2007 on the particular day, including a period authorised by an extended trading authorisation under that Act.
nominated premises means the premises specified in the Table to this clause.
(4)  This clause is repealed on 31 January 2022.
Name of premises
Location
Dockyard Hotel
Lot 13, SP 71866
Civic Theatre
Lot 4, DP 1250295
Scratchley’s on the Wharf Restaurant
Lot 1, DP 1229407
Moneypenny Newcastle
Lot 19, SP 71866
Harbour Bar & Grill
Lot 17, SP 71866
The Landing (Newcastle)
Lot 21, SP 71866
The Edwards Parry Street Pty Ltd
Lots 75 and 76, section B, DP 32593
The Beehive Honeysuckle
Lot 3, SP 80986
Meet Restaurant
Lot 51, DP 39357
The Falcon Restaurant
Lot 1, DP 503043
Babylon Newcastle
Lot 1, DP 995712
Honeysuckle Social
Lot 1, SP 80985
Zinc on Darby (operating as Beach Burrito)
Lot 2, section H, DP 60745
Three Bears Kitchen
Lot 2, DP 790643
The Newcastle Signal Box
Lot 11, DP 1251435
Valerie’s Pizza Parlour
Lots 1 and 2, DP 152682
Milky Lane Newcastle
Lot 50, section D, DP 39357
The Grain Store
Lots 1 and 2, section D, DP 382
Kitami Japanese Restaurant
Lot A, DP 153958
Itch Social (operating as Koutetsu)
Lot 1, DP 1101230
Coal & Cedar
Lot 1, DP 79523
Big Poppys (operating as Uptowns Bar)
Lot 6, SP 64505
Blue Kahunas
Lot 3, SP 62138
Basement on Market Street
Lot 2, DP 790643
cl 6.8: Ins 2020 (585), Sch 1. Am 2020 (787), Sch 1[1]–[8]; 2021 (154), cl 4(1)–(4).
Part 7 Additional local provisions—Newcastle City Centre
7.1   Objectives of Part
The objectives of this Part are as follows—
(a)  to promote the economic revitalisation of Newcastle City Centre,
(b)  to strengthen the regional position of Newcastle City Centre as a multi-functional and innovative centre that encourages employment and economic growth,
(c)  to protect and enhance the positive characteristics, vitality, identity, diversity and sustainability of Newcastle City Centre, and the quality of life of its local population,
(d)  to promote the employment, residential, recreational and tourism opportunities in Newcastle City Centre,
(e)  to facilitate the development of building design excellence appropriate to a regional city,
(f)  to encourage responsible management, development and conservation of natural and man-made resources and to ensure that Newcastle City Centre achieves sustainable social, economic and environmental outcomes,
(g)  to protect and enhance the environmentally sensitive areas and natural and cultural heritage of Newcastle City Centre for the benefit of present and future generations,
(h)  to help create a mixed use place, with activity during the day and throughout the evening, so Newcastle City Centre is safe, attractive, inclusive and efficient for its local population and visitors alike.
7.2   Land to which this Part applies
(1)  This Part applies to land in Newcastle City Centre.
(2)  A provision in this Part prevails over any other provision of this Plan to the extent of any inconsistency.
7.3   Minimum building street frontage
(1)  A building erected on land in Zone B3 Commercial Core must have at least one street frontage of at least 20 metres.
(2)  Despite subclause (1), the consent authority may grant development consent to the erection of a building that does not comply with that subclause if the consent authority is of the opinion that—
(a)  due to the physical constraints of the site, it is not physically possible for the building to have at least one street frontage of at least 20 metres, and
(b)  the erection of the building is consistent with the other relevant provisions of this Plan.
(3)  Nothing in this clause restricts the operation of clause 4.6.
7.4   Building separation
(1)  A building on land to which this Part applies must be erected so that the distance from the building to any other building is not less than 24 metres at 45 metres or higher above ground level.
(2)  For the purposes of this clause, a separate tower or other raised part of the same building is taken to be a separate building.
7.5   Design excellence
(1)  This clause applies to the following development on land to which this clause applies.
(a)  the erection of a new building, or
(b)  additions or external alterations to an existing building that, in the opinion of the consent authority, are significant.
(2)  Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(3)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors identified in the Newcastle City Development Control Plan 2012,
(d)  how the development addresses the following matters—
(i)  heritage issues and streetscape constraints,
(ii)  the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(iii)  bulk, massing and modulation of buildings,
(iv)  street frontage heights,
(v)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(vi)  the achievement of the principles of ecologically sustainable development,
(vii)  pedestrian, cycle, vehicular and service access, circulation and requirements,
(viii)  the impact on, and any proposed improvements to, the public domain.
(4)  Development consent must not be granted to the following development to which this Plan applies unless an architectural design competition has been held in relation to the proposed development—
(a)  development for which an architectural design competition is required as part of a concept plan approved by the Minister for a transitional Part 3A project,
(b)  development in respect of a building that is, or will be, higher than 48 metres in height,
(c)  development having a capital value of more than $5,000,000 on a site identified as a “Key Site” and shown edged heavy black and distinctively coloured on the Key Sites Map,
(d)  development for which the applicant has chosen to have such a competition.
(5)  Subclause (4) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.
(6)  The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of not more than 10% greater than that allowed by clause 7.10 or a height of not more than 10% greater than that allowed by clause 4.3, but only if the design of the building or alteration has been reviewed by a design review panel.
(7)  In this clause—
architectural design competition means a competitive process conducted in accordance with procedures approved by the Director-General from time to time.
design review panel means a panel of 2 or more persons established by the consent authority for the purposes of this clause.
cl 7.5: Am 2014 (483), Sch 1 [5].
7.6   Active street frontages in Zone B3 Commercial Core
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along street frontages in Zone B3 Commercial Core.
(2)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land in Zone B3 Commercial Core unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(3)  Despite subclause (2), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicle access.
(4)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
7.7, 7.8   (Repealed)
cl 7.7: Rep 2018 (587), cl 4 (1).
cl 7.8: Rep 2014 (483), Sch 1 [6].
7.9   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to allow sunlight access to key areas of the public domain by ensuring that further overshadowing of certain parks and community places is avoided or limited during nominated times,
(b)  to ensure that the built form of Newcastle City Centre develops in a coordinated and cohesive manner,
(c)  to ensure that taller buildings are appropriately located,
(d)  to nominate heights that will provide a transition in built form and land use intensity in Newcastle City Centre,
(e)  to ensure the preservation of view corridors that are significant for historic and urban design reasons.
(2)  The height of a building on land identified as “Area A” on the Height of Buildings Map must not exceed a height that is 22 metres above ground level (existing) at the boundary of the road frontage of that land on any part of that land that is within 20 metres of the boundary of the road frontage.
(3)  The height of a building on land identified as “Area B” on the Height of Buildings Map must not exceed—
(a)  on any part of that land that is within 20 metres of the boundary of the road frontage of that land—22 metres above ground level (existing) at the boundary of the road frontage of that land, and
(b)  on any part of that land that is more than 20 metres from the boundary of the road frontage of that land, but not more than 45 metres from that frontage—35 metres above ground level (existing) at the boundary of the road frontage of that land.
(4)    (Repealed)
cl 7.9: Am 2014 (483), Sch 1 [7].
7.10   Floor space ratio for certain development in Area A
(1)  This clause applies to land in “Area A” as shown on the Floor Space Ratio Map.
(2)  The maximum floor space ratio for a building other than a commercial building on land with a site area of 1,500 square metres or more is as follows—
(a)  where the Floor Space Ratio Map identifies a maximum floor space ratio of 6:1 (or greater)—5:1,
(b)  where the Floor Space Ratio Map identifies a maximum floor space ratio of 5:1—4:1,
(c)  where the Floor Space Ratio Map identifies a maximum floor space ratio of 4:1—3:1.
(3)  In this clause—
commercial building means a building used wholly for either or both of the following purposes—
(a)  commercial premises,
(b)  tourist and visitor accommodation that is not subdivided under a strata scheme.
cl 7.10: Am 2013 No 47, Sch 2.20 [1]–[4]. Subst 2014 (483), Sch 1 [8].
7.10A   Floor space ratio for certain other development
The maximum floor space ratio for a building that is located on land with a site area of less than 1,500 square metres is whichever is the lesser of—
(a)  the floor space ratio identified on the Floor Space Ratio Map, or
(b)  3:1.
cl 7.10A: Ins 2014 (483), Sch 1 [8].
Part 8 Additional local provisions—urban release areas
pt 8: Ins 2013 (76), Sch 2 [2].
8.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to—
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).
cl 8.1: Ins 2013 (76), Sch 2 [2]. Am 2019 (621), Sch 1.10.
8.2   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
cll 8.2–8.4: Ins 2013 (76), Sch 2 [2].
8.3   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following—
(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of active and passive recreation areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to any of the following developments—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
cll 8.2–8.4: Ins 2013 (76), Sch 2 [2].
8.4   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
cll 8.2–8.4: Ins 2013 (76), Sch 2 [2].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   (Repealed)
2   Use of certain land at 41 Minmi Road, Wallsend
(1)  This clause applies to land at 41 Minmi Road, Wallsend, being Lot 21, DP 828226.
(2)  Development for the purpose of a service station and restaurant or cafe, with a total gross floor area not exceeding 1,200m2, is permitted with development consent.
3   Use of certain land at 422–426 Newcastle Road, Lambton
(1)  This clause applies to land at 422–426 Newcastle Road, Lambton, being Lots 778–780, DP 755247.
(2)  Development for the purpose of a service station is permitted with development consent.
4   Use of certain land at 289–291 Turton Road, New Lambton
(1)  This clause applies to land at 289–291 Turton Road, New Lambton, being Lots 4–6, DP 18086.
(2)  Development for the purpose of a service station is permitted with development consent if the floor area used for the ancillary retail selling or hiring of general merchandise or services or both does not exceed 150m2.
5   Use of certain land at Mayfield West
(1)  This clause applies to land at 10, 16 and 20 MacIntosh Drive, 3, 9 and 10 Murray Dwyer Circuit and 5 Steel River Boulevard, Mayfield West that is identified as “Item 1” on the Additional Permitted Uses Map.
(2)  Development for the purposes of food and drink premises, high technology industries and waste or resource management facilities is permitted with development consent.
(3)  Development for the purposes of business premises and office premises is permitted with development consent if the consent authority is satisfied that the development is directly related to the operation of the Port of Newcastle.
6   Use of certain land at 114–116 Griffiths Road, Lambton and 174–182 Christo Road, Waratah
(1)  This clause applies to land at 114–116 Griffiths Road, Lambton and 174–182 Christo Road, Waratah, being Lots 2–4, DP 21366, Lot 7, DP 660745, Lot 8, DP 660746, Lots 1 and 2, DP 1114442 and Lots 100 and 101, DP 569322, and known as the Newcastle Eye Hospital.
(2)  Development for the purpose of a health services facility is permitted with development consent.
sch 1: Am 2013 (539), Sch 1 [3]; 2013 (628), cl 4; 2014 (289), Sch 1 [1]; 2016 (70), cl 5 (1) (2); 2018 (482), cl 4.
Schedule 2 Exempt development
(Clause 3.1)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2—
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
Cemeteries and burial grounds (other than those to which clause 5.10 applies)
Must only be development comprising—
(a)  the creation of a new grave or monument, or
(b)  an excavation or disturbance of the land for the purpose of carrying out conservation or repair of a monument or grave marker.
Note—
Clause 5.10 contains provisions that deal with the disturbance of human remains, relics in the form of grave goods or places of Aboriginal heritage significance.
Clearing of native vegetation planted for commercial purposes
(1)  May only be undertaken with the written agreement of the owner of the land on which the native vegetation is located.
(2)  May only involve native vegetation that was planted for agriculture, agroforestry, forestry, horticulture or woodlot purposes.
(3)  The native vegetation must not be, or comprise a part of, a threatened species, population or ecological community listed in—
(a)  Schedule 1, 1A or 2 to the Threatened Species Conservation Act 1995, or
(b)  Schedule 4, 4A or 5 to the Fisheries Management Act 1994.
Temporary promotional banners
(1)  Must be the installation of a banner attached to an electricity pole, another pole or lighting column that is owned by the Council or an electricity supply authority.
(2)  Must only be for the purposes of promoting a civic or community event (including a public exhibition, a festival, a sporting event, a charity event or the like) to be held in the Council’s local government area.
(3)  Must be located on a public road in Zone B3 Commercial Core or Zone B4 Mixed Use that is within the Newcastle City Centre.
(4)  Must have the written approval of the owner of the pole or column before installing the banner.
(5)  Must not be longer than 2m or wider than 800mm.
(6)  Must not include advertising of a commercial nature, other than the name of the event’s sponsor at the top or bottom of the banner and not covering more than 20% of the area of the banner.
(7)  Must not be displayed earlier than 14 days before the event.
(8)  Must be removed within 2 days after the event.
sch 2: Am 2017 (564), cl 5.
Schedule 3 Complying development
(Clause 3.2)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
Part 1 Types of development
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
sch 3: Am 2018 (402), cl 4 (1)–(4).
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
Elermore Vale
Lot 25, DP 260024, 39A Kerry Avenue
Kotara
Lot 182, DP 850168, 21 Bradford Close
Newcastle
Lot 1, DP 1158422, 233 Wharf Road
Tarro
Lot 22, DP 513106, 3 Northern Avenue
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
New Lambton
Part of Lot 2, DP 219868, being that part of Lot 2 that is in Zone R2 Low Density Residential (on the commencement of Newcastle Local Environmental Plan 2012 (Amendment No 15)) and part of 41 Wallarah Road
Nil
Wallsend
Lot 110, DP 9755
Nil
Waratah
Lot 374, DP 755247
Nil
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Elermore Vale
Part of Lot 22, DP 235930, being land in Zone RE1 Public Recreation and part of 124A Cardiff Road
sch 4: Am 2013 (510), Sch 1 [1]–[4]; 2014 (154), Sch 1 [2]; 2016 (248), cl 5; 2017 (347), cl 5; 2017 (489), cl 4; 2018 (401), cl 5; 2021 (125), cl 5(1).
Schedule 5 Environmental heritage
(Clause 5.10)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Adamstown
Adamstown Post Office
195 Brunker Road
Lot 1, DP 222812
Local
I1
Adamstown
Former Adamstown Public School
201 Brunker Road
Lot 3263, DP 822183
Local
I2
Adamstown
Adamstown Uniting Church
228 Brunker Road
Lot 12, DP 1116777
Local
I3
Adamstown
Nag’s Head Hotel
268 Brunker Road
Lot B, DP 319138
Local
I4
Adamstown
Kitchener Hall
269 Brunker Road
Lot 2, DP 227081
Local
I5
Adamstown
Adamstown RSL Memorial Hall
278 Brunker Road
Lot 2, DP 1002163
Local
I6
Adamstown
Former rifle range
351 Brunker Road
Lot 1021, DP 1055066
Local
I7
Adamstown
Adamstown Park
504–506 Glebe Road
Lot 391, Lots 1779–1782, Lots 1969–1977, Part Lot 3156 and Lot 3174, DP 755247; Lot 7029, DP 1052825; Lot 7027, DP 1052831; Lot 7028, DP 1052826; Lot 7310, DP 1144733
Local
I9
Adamstown
Gates Hotel
660 Glebe Road
Lots 7 and 8, Section A, DP 2347
Local
I10
Adamstown
St Columba Primary School
153 Lockyer Street
Part Lot 35 and Lots 36–45, Section 7, DP 1141
Local
I11
Adamstown
Former church
153 Lockyer Street
Part Lot 35 and Lots 36–45 Section 7, DP 1141
Local
I12
Adamstown
Police Residence
65 Narara Road
Lot 3276, DP 823771
Local
I13
Adamstown
Adamstown Police Station
67 Narara Road
Lot 3277, DP 823771
Local
I14
Adamstown
Adamstown Railway Station Group
10 Park Avenue
Railway land
Local
I16
Adamstown
New Redhead Estate Coal Co’s Railway
29 Park Avenue
Lot 5, DP 589266; Lots 1 and 2, DP 1110401
Local
I17
Adamstown
Adamstown Masonic Hall
151 Teralba Road
SP 82038
Local
I18
Adamstown
Former Royal Standard Hotel
67 Victoria Street
Lot 100, DP 715282
Local
I19
Bar Beach
Kamarem Court (residential units)
289–293 Darby Street
SP 12800
Local
I20
Bar Beach
Former King Edward’s Girls’ Home
313 Darby Street
Lot 11, DP 1082583; Lot 2665, DP 755247
Local
I21
Bar Beach
Shed
334A Darby Street
Lot 100, DP 883543
Local
I22
Bar Beach
Cooks Hill Surf Life Saving Memorial
1 Kilgour Avenue
Part Lot 258, DP 755247
Local
I24
Bar Beach
Empire Park
1 Kilgour Avenue
Part Lot 258, DP 755247
Local
I23
Bar Beach
Reid Park Tennis Clubhouse and tennis courts
1–7 Kilgour Avenue
Part Lot 258 and Lot 3140, DP 755247
Local
I25
Bar Beach
Empire Park Bowling Club fence
29 Kilgour Avenue
Lot 3141, DP 755247
Local
I26
Bar Beach
Electrical Substation
17 Light Street
Lot 2, DP 37815
Local
I27
Bar Beach
Cooks Hill Surf Life Saving Club
107–109 Memorial Drive
Part Lot 258, DP 755247
Local
I28
Bar Beach
Residence
10 Parkway Avenue
Lot 2, DP 513566
Local
I29
Bar Beach
Parkhurst Flats
17 Parkway Avenue
Lot 25, DP 32532
Local
I30
Bar Beach
Parkway Avenue, including verges, median strips, public footpaths, public roads, kerbs and gutters, street trees, garden beds, bridges and stormwater drain
Parkway Avenue from Denison Street, Hamilton East, to Memorial Drive, Bar Beach
 
Local
I704
Bar Beach
Residential units
23 Parkway Avenue
SP 22152
Local
I31
Bar Beach
Acropolis (residential units)
40 Parkway Avenue
SP 33214
Local
I32
Bar Beach
Brooklyn Court (residential units)
6 Tooke Street
SP 9251
Local
I33
Beresfield
Newcastle Crematorium
176 Anderson Drive
Lot 10, DP 1114807; Lot 17, DP 1140445; Lot 11, DP 553141
Local
I34
Beresfield
Beresfield Public School
181 Anderson Drive
Lot 1, DP 782678; Lot 1, DP 544214; Lots 182–184, 188 and 189, Section B, DP 12628
Local
I35
Birmingham Gardens
The Regal Cinema
4 Moore Street
Lots 90 and 91, DP 12691
Local
I36
Broadmeadow
Remnant plantings—District Park
Bavin Road
Road reserve
Local
I37
Broadmeadow
Fire Station—Hamilton
9 Belford Street
Lot 1, DP 77912
Local
I38
Broadmeadow
English & Australian Copper Co (industrial site)
16 Broadmeadow Road
Lot 1, DP 530737; Lot 218, DP 805924; Lot 221, DP 1012345
Local
I40
Broadmeadow
Former Lambton Colliery Railway (relic)
16 Broadmeadow Road
Lot 1, DP 530737; Lot 221, DP 1012345
Local
I41
Broadmeadow
Goninans (industrial site)
16 Broadmeadow Road
Lot 1, DP 530737; Lot 218, DP 805924; Lot 221, DP 1012345
Local
I39
Broadmeadow
Sunnyside Hotel
20 Broadmeadow Road
Lot 216, DP 777695
Local
I42
Broadmeadow
St Lawrence O’Toole Church
127–131 Broadmeadow Road
Lot 1, DP 184402; Lot 2234, DP 664791; Lots 2231 and 2233, DP 755247; Lots 1 and 2, DP 926701
Local
I43
Broadmeadow
Arthur Park
93A Brunker Road
Lot 1807, DP 755247
Local
I44
Broadmeadow
Broadmeadow Locomotive Depot offices
25 Cameron Street
Lot 51, DP 1067381
Local
I45
Broadmeadow
Broadmeadow Locomotive Depot
25 and 35 Cameron Street
Lot 51, DP 1067381; Lot 27, DP 1147480
State
I46
Broadmeadow
Newcastle Showground
1A Curley Road
Lots 2248–2264, 2326, 2498 and 2583, DP 755247; Lots 7302 and 7303, DP 1143612; Lot A, DP 186497
Local
I47
Broadmeadow
Broadmeadow Racetrack site
100 Darling Street
Lot 13, DP 227704
Local
I48
Broadmeadow
Former Broadmeadow Aero Club (incorporating former main hangar and preparation bay building)
2 Denney Street
Lot 2, DP 578356
Local
I49
Broadmeadow
Fig trees in median strip
Dumaresq Street
 
Local
I50
Broadmeadow
Broadmeadow Railway Station Group
Graham Road
Lot 1, DP 1133966
Local
I51
Broadmeadow
Broadmeadow Primary School
115 Lambton Road
Lot 2525, DP 755247
Local
I53
Carrington
Former Carrington Club Hotel
83–85 Bourke Street
Lot 1, Section 38, DP 300
Local
I55
Carrington
Connolly Park War Memorial Gate
Corner Cowper Street North and Fitzroy Street
 
Local
I56
Carrington
Club Hotel
26 Cowper Street North
Lot 1, DP 79693
Local
I57
Carrington
The Seven Seas Hotel
33 Cowper Street North
Lot 1, DP 102046
Local
I58
Carrington
Palms
Gipps Street
 
Local
I59
Carrington
Mary McKillop Home
58 Gipps Street
Lot 7, Section 43, DP 758233
Local
I60
Carrington
St Francis Xavier Catholic Church
60 Gipps Street
Lot 8A, Section 43, DP 755247
Local
I61
Carrington
Date palms
Hargrave Street
 
Local
I62
Carrington
Former Council Chambers
1A Hargrave Street
Lot 1, Section 51, DP 755247
Local
I63
Carrington
Mathieson Street Terraces
2–18 Mathieson Street
Lot 1, DP 910260; Lot 1, DP 911036; Lots 1–3 and 5–8, DP 8631; Part Lot 4, DP 8631
Local
I65
Carrington
Carrington Fire Station
51 Young Street
Lot 4, Section 36, DP 755247
Local
I66
Carrington
Carrington Public School
88 Young Street
Lots 1–3, DP 4715; Lots 6–8, Section 37, DP 758233
Local
I67
Carrington
Everyone’s Theatre
92A Young Street
SP 73131
Local
I68
Carrington
St Thomas’ Anglican Church
95A Young Street
Lot 322, DP 1102421
Local
I69
Carrington
Carrington Post Office
97 Young Street
Lot 111, DP 1131225
Local
I70
Carrington
Quambi (residence)
110 Young Street
Lot 2, DP 3687
Local
I71
Carrington
Almora (residence)
112 Young Street
Lot 3, DP 3687
Local
I72
Carrington
Shop
121 Young Street
Lot 2, DP 312270
Local
I73
Carrington
Carrington House (residence)
130 Young Street
Lot 1, DP 179625
Local
I74
Carrington
Oriental Hotel
132 Young Street
Lot 10, DP 656932
Local
I75
Carrington
Former Glasgow Arms Hotel
140 Young Street
Lots 37–39, DP 78
Local
I76
Carrington
Cosmopolitan Hotel
151 Young Street
Lot 1, DP 923985
Local
I77
Cooks Hill
Residential units
26 Brooks Street
SP 52934
Local
I78
Cooks Hill
Strathearn Terrace Group
92–98 Bull Street
Lot 1, DP 715763; Lot 1, DP 194245; Lots 1 and 2, DP 739440
Local
I79
Cooks Hill
Residence
30 Corlette Street
Lot 640, DP 630631
Local
I80
Cooks Hill
Horse trough
Corner Darby and Young Streets
 
Local
I81
Cooks Hill
Former St Hilda’s Hostel
250 Darby Street
Lot 2, DP 872146
Local
I82
Cooks Hill
Normanton (residence)
37 Dawson Street
Lot 112, DP 815683
Local
I83
Cooks Hill
Terraces
111–113 Dawson Street
Lots 100 and 101, DP 557432
Local
I84
Cooks Hill
Nickimble Terrace Group
115–123 Dawson Street
Lots 10–14, DP 244348
Local
I85
Cooks Hill
Former railway overpass
Laman Street
 
Local
I86
Cooks Hill
Newcastle War Memorial Cultural Centre
1 Laman Street
Lots 4–10, DP 1122031
Local
I87
Cooks Hill
Former signalman’s cottage
12 Laman Street
Lot 12, DP 150135
State nominated
I88
Cooks Hill
St Andrew’s Presbyterian Church
12 Laman Street
Lot 1011, DP 1132786
Local
I89
Cooks Hill
Baptist Tabernacle
25 Laman Street
Lot 1, DP 1134280
Local
I90
Cooks Hill
Von Bertouch Galleries building
61 Laman Street
Lot 101, DP 1130585; Lot 21, DP 825796
Local
I91
Cooks Hill
Cooks Hill Special School
100–102 Laman Street
Lots 250 and 251, DP 749870
Local
I92
Cooks Hill
Dr Watkins House
64 Parkway Avenue
Lots 125 and 126, DP 37825
Local
I93
Cooks Hill
Residence
79 Parkway Avenue
Lot 115, DP 154294
Local
I94
Cooks Hill
St John’s Church, hall and grounds
1B Parry Street
Lot 1, DP 872146
State
I95
Cooks Hill
Thorns Terrace
45 Railway Street
Lot 101, DP 554480
Local
I96
Cooks Hill
Thorns Terrace
47 Railway Street
Lot 102, DP 554480
Local
I97
Cooks Hill
Thorns Terrace
49 Railway Street
Lot 103, DP 554480
Local
I98
Cooks Hill
Thorns Terrace
51 Railway Street
Lot 104, DP 554480
Local
I99
Cooks Hill
Thorns Terrace
53 Railway Street
Lot 1, DP 745052
Local
I100
Cooks Hill
Thorns Terrace
55 Railway Street
Lot 1, DP 198284
Local
I101
Cooks Hill
Thorns Terrace
57 Railway Street
Lot 1, DP 998338
Local
I102
Cooks Hill
Thorns Terrace
59 Railway Street
Lot 8, DP 137527
Local
I103
Cooks Hill
Terrace
92–94 Railway Street
Lot 10, DP 1099263
Local
I104
Cooks Hill
Terrace
39 Union Street
Lot 761, DP 626207
Local
I105
Cooks Hill
Terrace
41 Union Street
Lot 760, DP 626207
Local
I106
Cooks Hill
Terrace
43 Union Street
Lot 43, DP 1128416
Local
I107
Cooks Hill
Fire station
44 Union Street
Lot 1, DP 77102
Local
I108
Cooks Hill
Terrace
45 Union Street
Lot 1, DP 197740
Local
I109
Cooks Hill
Leslieville (former residence)
63 Union Street
Lot 1, DP 1127749
Local
I110
Elermore Vale
Jubilee ventilation shaft (Wallsend Colliery)
124 Cardiff Road
Lot 20A, DP 17677
Local
I111
Elermore Vale
Former West Wallsend Steam Tram Line
Glendale to Wallsend
 
Local
I112
Hamilton
Sydney Junction Hotel
8 Beaumont Street
Lot X, DP 374327; Lot 1, DP 86246; Lot 11, DP 89305
Local
I114
Hamilton
Former Masonic Hall
104 Beaumont Street
Lot 77, DP 700187
Local
I115
Hamilton
Wesley Church
152 Beaumont Street
Lot 100, DP 1157770
Local
I116
Hamilton
Wesley Church gates and fence
152 Beaumont Street
Lot 100, DP 1157770
Local
I117
Hamilton
Terrace (including iron fence and gate)
21 Cameron Street
Lot 1, DP 744660
Local
I118
Hamilton
Date palms
Chaucer Street
 
Local
I119
Hamilton
Former steam tramshed
89 Denison Street
Lot 112, DP 1005089
Local
I120
Hamilton
War Memorial (Steam Tram Memorial)
89 Denison Street
Lot 112, DP 1005089
Local
I121
Hamilton
Former Hamilton Hotel
100 Denison Street
Lot 1, DP 75471
Local
I122
Hamilton
Exchange Hotel
125–127 Denison Street
Lot 1, DP 76276
Local
I123
Hamilton
Hotel Bennett
146 Denison Street
Lot 1, DP 1046949
Local
I124
Hamilton
St Peter’s Anglican Church
148 Denison Street
Lot 2, DP 1132328
Local
I125
Hamilton
AA Company House
195 Denison Street
Lot 212, DP 1122139
State
I126
Hamilton
AA Company House
195A Denison Street
Lot 211, DP 1122139
Local
I701
Hamilton
AA Company House
197 Denison Street
Lot 3, DP 153592
Local
I702
Hamilton
Hamilton Public School
1A Dixon Street
Lot 2, DP 809375
Local
I127
Hamilton
Residence
4 Eddy Street
Lot 29, DP 1042831
Local
I128
Hamilton
Residence
6 Eddy Street
Lot 28, DP 1105257
Local
I129
Hamilton
Residence
8 Eddy Street
Lot 27, DP 770646
Local
I130
Hamilton
Residence
10 Eddy Street
Lot 26, DP 996741
Local
I131
Hamilton
Residence
12 Eddy Street
Lot 1, DP 780907
Local
I132
Hamilton
Residence
14 Eddy Street
Lot 24, DP 735930
Local
I133
Hamilton
Residence
16 Eddy Street
Lot 1, DP 795000
Local
I134
Hamilton
Residence
18 Eddy Street
Lot 1, DP 194918
Local
I135
Hamilton
Anona (residence including front fence)
36 Gordon Avenue
Lot 11, DP 708981
Local
I136
Hamilton
Hamilton Railway Station Group
Great Northern Railway
Railway land
State
I113
Hamilton
Residence
44 Hudson Street
Lot 1, DP 1041498
Local
I137
Hamilton
Former Hely Brothers Pty Ltd office
48 Hudson Street
Lot 1, DP 1047860
Local
I138
Hamilton
Former flour mill
56 Hudson Street
SP 58951
Local
I139
Hamilton
Former Hamilton Volunteer Fire Station
38 James Street
Lot 1, DP 194909
Local
I140
Hamilton
Former police station
57 James Street
Lot 1, DP 795449
Local
I141
Hamilton
Hamilton Post Office
56 Lindsay Street
Lot 2862, DP 755247
Local
I142
Hamilton
Fettercairn (former residence and hospital)
65 Lindsay Street
Lot 1, DP 194569
Local
I143
Hamilton
Former nurses home
66 Lindsay Street
Lot 1, DP 799840
Local
I144
Hamilton
Chelsea (residence)
68 Lindsay Street
Lot E, DP 447913
Local
I145
Hamilton
Hamilton Nursing Home
22–24 Samdon Street
Lots 5–7, DP 558137
Local
I146
Hamilton
Hamilton Hotel
71 Tudor Street
Lot 351, DP 585827
Local
I147
Hamilton
Scots Kirk Presbyterian Church
94 Tudor Street
Lot 101, DP 837017
Local
I148
Hamilton
Former Bank of New South Wales
103 Tudor Street
Lot 100, DP 624615
Local
I149
Hamilton
Anzac House (former Mechanics Institute)
117 Tudor Street
Lots 2 and 3, DP 524404
Local
I150
Hamilton
Fountain Monument—Gregson Park
130A Tudor Street
Lot 101, DP 1079979
Local
I155
Hamilton
Gregson Park
130A Tudor Street
Lots 101 and 102, DP 1079979
Local
I151
Hamilton
John William Parsons Monument
130A Tudor Street
Lots 101 and 102, DP 1079979
Local
I152
Hamilton
Steel Street gates—Gregson Park
130A Tudor Street
Lot 101, DP 1079979
Local
I156
Hamilton
Tudor Street gates—Gregson Park
130A Tudor Street
Lot 101, DP 1079979
Local
I153
Hamilton
War Memorial—Gregson Park
130A Tudor Street
Lot 101, DP 1079979
Local
I154
Hamilton
Wesley Church Hall
21 William Street
Lot 1, DP 1135615
Local
I157
Hamilton East
House (including front fence)
58 Denison Street
Lot 1, DP 770590
Local
I158
Hamilton East
House
60 Denison Street
Lot 1, DP 744771
Local
I159
Hamilton East
Newcastle District Ambulance Station
77 Denison Street
Lot 183, DP 539432
Local
I160
Hamilton East
Fig trees
Stewart Avenue
 
Local
I161
Hamilton North
Gas Co site—remnant gardens
1 Chatham Road
Lot 1, DP 79057; Lot 270, DP 812689
Local
I162
Hamilton North
Newcastle Gas Co office
1 Chatham Road
Lot 270, DP 812689
Local
I163
Hamilton North
Pump house and fence
1 Chatham Road
Lot 270, DP 812689
Local
I164
Hamilton North
Pipeline Clifton Bros (former residence)
5–7 Chatham Road
Lot 1, DP 77996
Local
I166
Hamilton North
Shell Company of Australia (industrial site)
5–7 Chatham Road
Lot 1, DP 77996
Local
I165
Hamilton North
Richardson Park
16 Chatham Road
Lot 1836, DP 1086890
Local
I167
Hamilton North
ELMA Factory
54 Clyde Street
Lot 102, DP 1024980
Local
I168
Hamilton South
Learmonth Park
80A Gordon Avenue
Lot 21, DP 95334
Local
I169
Hamilton South
Learmonth Park—pillars
80A Gordon Avenue
Lot 21, DP 95334
Local
I170
Hamilton South
AA Company display home
141 Gordon Avenue
Lot 1, DP 1083659
Local
I171
Hamilton South
The Gables (residence)
152 Gordon Avenue
Lot 54, DP 662931
Local
I172
Hamilton South
AA Company display home
154 Gordon Avenue
Lot 1, DP 797151
Local
I173
Hamilton South
Newcastle High School
25A National Park Street
Lot 1, DP 150725; Lot 1, DP 575171; Lot 1, DP 794827
Local
I174
Hamilton South
House
135 Parkway Avenue
Lot 90, DP 37549
Local
I175
Hexham
Railway station
Maitland Road
Railway land
Local
I176
Hexham
Former Travellers Rest Hotel
23 Maitland Road
Lot 1, DP 659925
Local
I177
Hexham
Oak Factory
189 Maitland Road
Lot 2, DP 802350
Local
I178
Hexham
Hannel Family Vault
398B Maitland Road
Lot 1, DP 974950
Local
I179
Hexham
Former Uniting Church and Hall
63 Old Maitland Road
Lot 2, DP 546494
Local
I182
Hexham
J & A Brown’s Hexham Workshops
100 Old Maitland Road
Lot 11, DP 855330
Local
I183
Hexham
Former Glen Lovett Hall
187 Old Maitland Road
Lot A, DP 157693
Local
I184
Hexham
Former Hexham Public School
227 Old Maitland Road
Lot 102, DP 499013
Local
I185
Hexham
Goninans Administration Building
230 Old Maitland Road
Lot 2, DP 270447
Local
I186
Hexham
Hexham Bridge
Pacific Highway
 
Local
I187
Islington
Venetia (residence)
111 Albert Street
Lot 1, DP 415171
Local
I188
Islington
Terrace
60 Chinchen Street
Lot 1, DP 709948
Local
I190
Islington
Terrace
62 Chinchen Street
Lot 1, DP 136616
Local
I191
Islington
Terrace
64 Chinchen Street
Lot 1, DP 1031915
Local
I192
Islington
Terrace
66 Chinchen Street
Lot 1, DP 195202
Local
I193
Islington
Terrace
68 Chinchen Street
Lot 5, DP 1083039
Local
I194
Islington
Terrace
70 Chinchen Street
Lot 1, DP 779533
Local
I195
Islington
Islington Junction Box
Clyde Street
Railway land
Local
I196
Islington
Hamilton Station Hotel
6 Fern Street
Lot 1, DP 75464
Local
I197
Islington
Former Dick Bros Engineering Building
62 Fern Street
Lots 1–4, DP 782730
Local
I198
Islington
Public school (including trees)
17 Hubbard Street
Lot 2, DP 797777
Local
I199
Islington
Residence
22 Maitland Road
Lot C, DP 334618
Local
I200
Islington
Former Regent Picture Theatre
80 Maitland Road
Lot 1, DP 88359
State nominated
I201
Islington
Islington Park
151A Maitland Road
Lot 3182, DP 257283; Lots 7067 and 7068, DP 1077048; Lot 1, DP 337010; Lots A and B, DP 37022; Lots 7304 and 7305, DP 1144460
Local
I202
Islington
Winchombe Carson warehouse
14 Milford St
SP 76580
Local
I203
Islington
St Mark’s Anglican Church
5 Norfolk Avenue
Lots 1–3, Section B, DP 978072
Local
I204
Islington
St Mark’s Rectory
9 Norfolk Avenue
Lot 25, DP 9652; Lot 4, DP 1128692
Local
I205
Islington
Kenilworth (residence)
14 Sheddon Street
Lots 1, 2 and 17, Section G, DP 2331
Local
I206
Jesmond
Marquis of Midlothian Hotel
42 Robert Street
Lot 91, DP 791194
Local
I207
Kooragang
Tongues Tree Fig
Kooragang Nature Reserve
 
Local
I208
Kooragang
School master’s house
200 Kooragang Street
Lot 1, DP 126347
Local
I210
Lambton
Lambton Public School
18 Croudace Street
Lot 1, DP 804236
Local
I211
Lambton
Lambton Fire Station
67 De Vitre Street
Lot 854, DP 755247
Local
I212
Lambton
Former Lambton Police Station and lock-up residence
22 Dickson Street
Lot 2414, DP 755247
Local
I213
Lambton
Post Office
37 Dickson Street
Lot 1, DP 815096
Local
I214
Lambton
Bethal Congregational Church
43A Dickson Street
Lot 56, DP 777623
Local
I215
Lambton
Convent of Mercy
69A Dickson Street
Lot 1, DP 907508; Lot 1, DP 907509; Lot 4, DP 904662; Lots 5 and 6, Section C, DP 3
Local
I216
Lambton
St John’s Catholic Church
82 Dickson Street
Part Lot 6, Section B, DP 3; Lot 16, DP 255158; Lot 1, DP 119115
Local
I217
Lambton
St John’s Presbytery
82 Dickson Street
Part Lot 6, Section B, DP 3; Lot 16, DP 255158; Lot 1, DP 119115
Local
I218
Lambton
Lambton Mechanics Institute Hall
68 Elder Street
Lot 330, DP 755247
Local
I219
Lambton
Shopfront
106 Elder Street
Lot 4, DP 813318
Local
I220
Lambton
Le Chalet (residence)
130 Elder Street
Lots 10 and 11, Section F, DP 3
Local
I221
Lambton
Uniting Church
136 Elder Street
Lot 7, Section F, DP 3
Local
I222
Lambton
Lambton Library (former Lambton Municipal Chambers)
50 Howe Street
Lot 7075, DP 1122324
Local
I223
Lambton
Lambton Park
50 Howe Street
Lots 7050 and 7051, DP 1115474; Lot 7053, DP 1109607; Lot 7052, DP 1120463; Lot 7049, DP 1122321; Lots 7075 and 7076, DP 1122324; Lot 7079, DP 1123383; Lot 7077, DP 1120464
Local
I224
Lambton
Drinking fountain—Lambton Park
50 Howe Street
Lot 7049, DP 1122321
Local
I225
Lambton
Gates—Lambton Park
50 Howe Street
Lot 7049, DP 1122321
Local
I226
Lambton
Rotunda—Lambton Park
50 Howe Street
Lot 7049, DP 1122321
Local
I227
Lambton
The Lambton Park Hotel
60 Howe Street
Lot 1, DP 442480
Local
I228
Lambton
Residence
64 Howe Street
Lots A and B, DP 435770
Local
I229
Lambton
Cartrefle (residence)
79 Howe Street
Lot 2, DP 301561
Local
I230
Lambton
Lambton Anglican Rectory
16A Morehead Street
Lot 231, DP 1035097
Local
I231
Lambton
Lambton Anglican Church
18 Morehead Street
Lot 230, DP 1035097
Local
I232
Lambton
Lambton Masonic Hall
22A Morehead Street
Lot 849, DP 755247
Local
I233
Lambton
Kings Theatre (former Coronation Hall)
31 Morehead Street
Lot 2, DP 334833
Local
I234
Lambton
Lambton Pumping Station
307A Newcastle Road
Lot 2, DP 787983
Local
I235
Maryland
Glendor Thomas family grave
79 Callan Avenue
Lot 3, DP 839872
State
I236
Maryland
Styles Grove (former residence and farm buildings)
256 Minmi Road
Lot 611, DP 1034932
Local
I238
Maryland
Styles Grove landscape (Moreton Bay fig trees)
256 Minmi Road
Lot 611, DP 1034932
Local
I237
Maryville
Maryville postal pillar box
Harrison Street
 
Local
I239
Maryville
Remnant Tuckeroos (trees)
Lewis Street
 
Local
I240
Mayfield
Residence
28 Bull Street
Lot 1, DP 815609
Local
I241
Mayfield
Residence
74 Bull Street
Lot 2, DP 336905
Local
I242
Mayfield
St Andrew’s Church
31A Church Street
Lot 3, DP 544502
Local
I243
Mayfield
St Columban’s Church
39 Church Street
Lot 4, DP 509134; Lot 1, DP 165199; Lot 2, DP 165408
Local
I244
Mayfield
St Columban’s Presbytery
58 Church Street
Lot 7, DP 1054907; Lots 8–12, Section B, DP 975396
Local
I245
Mayfield
Bella Vista (former residence)
105 Crebert Street
Lot 141, DP 716312
Local
I246
Mayfield
Former substation
138A Crebert Street
Lot A, DP 164300
Local
I247
Mayfield
Residence
141 Crebert Street
Lot B, DP 37452
Local
I248
Mayfield
Winncourt (residence)
143 Crebert Street
Lot 2, DP 523690
Local
I249
Mayfield
Residence
145 Crebert Street
Lot 145, DP 1077468
Local
I250
Mayfield
Residence
147 Crebert Street
Lot A, DP 160509
Local
I251
Mayfield
Tongarra (residence)
149 Crebert Street
Lot 51, DP 1022725
Local
I252
Mayfield
Former St Andrew’s Rectory
5 Durham Street
Lot 2, DP 544502
Local
I253
Mayfield
House
41 Elizabeth Street
Lots 11 and 12, DP 1079403
Local
I254
Mayfield
House and picket fence
72 Elizabeth Street
Lot A, DP 379045
Local
I255
Mayfield
St John’s Presbyterian Church
33A Hanbury Street
Lots 1–3, DP 1134638; Lot 331, DP 1090263
Local
I257
Mayfield
Webb Park
86A Hanbury Street
Lots 1–3, DP 185977
Local
I258
Mayfield
Residence
88 Hanbury Street
Lot 1, DP 332193; Lot 1, DP 127928
Local
I259
Mayfield
Former Hunter Institute of Technology
52 Havelock Street
SP 75114
Local
I260
Mayfield
San Clemente School
78 Havelock Street
Lot 1, DP 818888; Lots 2 and 3, DP 230245
Local
I261
Mayfield
Former Mayfield House
6 Highfield Street
Lot 125, DP 589311
Local
I262
Mayfield
Winahra (residence)
21 Highfield Street
Lot 1, DP 342048
Local
I263
Mayfield
Church house
29–31 Highfield Street
Lot 2, DP 1084180; Lot 1, DP 779724
Local
I264
Mayfield
Mayfield Uniting Church
29–31 Highfield Street
Lot 2, DP 1084180; Lot 1, DP 779724
Local
I265
Mayfield
Simpsons Cottage
64 Industrial Drive
Lot 20, Section B, DP 16844
Local
I266
Mayfield
Residence
15 Kerr Street
Lot 11, DP 537479
Local
I267
Mayfield
Glen Airlie (Arnott residence)
41 Kerr Street
Lot B, DP 378684
Local
I268
Mayfield
Residence
76 Kerr Street
Lot A, DP 360878
Local
I269
Mayfield
Dangar Park
21A Maitland Road
Part Lot 128, DP 755247
Local
I270
Mayfield
Date palms—Dangar Park
21A Maitland Road
Part Lot 128, DP 755247
Local
I271
Mayfield
Beauford Hotel
39 Maitland Road
Lot 100, DP 1086847
Local
I272
Mayfield
The Coliseum (commercial building)
118 Maitland Road
Lot 1, DP 1068015
Local
I273
Mayfield
Stag & Hunter Hotel
185 Maitland Road
Lot 1, DP 80473
Local
I274
Mayfield
Mayfield Police Station
219–221A Maitland Road
Lot 1, DP 711020; Lot 2, DP 784164
Local
I275
Mayfield
Elladale (former residence)
358 Maitland Road
Lot 1, DP 806145
Local
I276
Mayfield
Burrundulla (residence)
2 Pitt Street
Lot B, DP 161146
Local
I277
Mayfield
Burgman House
4 Pitt Street
Lots A and B, DP 163111
Local
I278
Mayfield
Former Salvation Army Citadel, and residence at 29 Dora Street
3 Victoria Street and 29 Dora Street
Lots 21–23, Section H, DP 978483; Lot 24, DP 540764
Local
I279
Mayfield
Redemptorist Monastery
68 Woodstock Street
Lot 4, DP 546404
Local
I280
Mayfield
Remnant monastery garden
68 Woodstock Street
Lot 4, DP 546404
Local
I281
Mayfield East
Mayfield East Public School
34 Crebert Street
Part Lot 225, DP 755247; Lot 1, DP 195848; Lot 2, DP 610699
Local
I282
Mayfield East
Ingall House Group
47 Crebert Street
Lot 211, DP 871588
Local
I283
Mayfield East
Ingall House Group
51 Crebert Street
Lot 1, DP 213056
Local
I284
Mayfield East
Ingall House Group
61 Crebert Street
Lot 13, DP 538578
Local
I285
Mayfield East
Australia Wire Rope Building
6 George Street
Lot 1, DP 577013
Local
I286
Mayfield East
Residence
92 Margaret Street
Lot 23, DP 563077
Local
I287
Mayfield East
Residence
94 Margaret Street
Lot 22, DP 563077
Local
I288
Mayfield West
Former maternity hospital
1 Buruda Street
Lot 2, DP 156246
Local
I289
Mayfield West
Mayfield West Public School
7 Gregson Avenue
Lot 1, DP 795155
Local
I290
Mayfield West
Former migrant camp
609 Maitland Road
Lot 1, DP 369641
State nominated
I291
Mayfield West
Substation
2C Maud Street
Lot 101, DP 1045169
Local
I292
Mayfield West
Remnant Garden
1, 2, 4, 5A–5D and 6, 7 and 8 Murray Dwyer Circuit
Lots 101–104 and 106–111, DP 270249
Local
I692
Merewether
Burwood Inn
77 Berner Street
Lot 1, DP 79791
Local
I293
Merewether
Merewether Baby Health Clinic
25 Caldwell Street
Lot 1, DP 1103114
Local
I294
Merewether
Former Glebe Methodist Church
101 City Road
Lots 33 and 34, Section 7, DP 111240
Local
I295
Merewether
Residence
1A Curry Street
Lot 1, DP 866521
Local
I296
Merewether
Former Racecourse Inn
65 Frederick Street
Lot 200, DP 882970
Local
I297
Merewether
Trialba (residence)
75 Frederick Street
Lot A, DP 155296
Local
I298
Merewether
Beach Hotel
99 Frederick Street
Lot 1, DP 79757
Local
I299
Merewether
Merewether Uniting Church
176 Glebe Road
Lots 78–80, Section 6, DP 32615
Local
I301
Merewether
Merewether Baths
27 Henderson Parade
Crown Reserve 56146
Local
I303
Merewether
The Ridge (Hillcrest Hospital)
21 Hillcrest Road
Lot 5, DP 260947
State
I304
Merewether
Brown Sisters’ Convent
8 Janet Street
Lot 1, DP 210515
Local
I305
Merewether
Holy Family Parish Hall
19 Janet Street (Ridge Street)
Lot 1, DP 547032
Local
I306
Merewether
Residence
8 Kempster Road
Lots 90 and 91, DP 1082365
Local
I307
Merewether
Brynhfryd (residence)
44 Kilgour Avenue
Lot 1, DP 986437
Local
I308
Merewether
Merewether Post Office
36 Llewellyn Street
Lot 152, DP 772098
Local
I309
Merewether
Merewether Fire Station
39 Llewellyn Street
Lot 390, DP 1131844
Local
I310
Merewether
St Augustine’s Anglican Church
43 Llewellyn Street
Lots 8–9, Section 6, DP 111239; Part Lot 7, Section 6, DP 111239
Local
I311
Merewether
Former police station
85 Llewellyn Street
Lot 101, DP 829724
Local
I312
Merewether
Blairgowrie (residence)
39 Lloyd Street
Lot 1, DP 514500
Local
I313
Merewether
Henderson Park
42 Lockyer Street
Lot 1, DP 1132741
Local
I315
Merewether
Henderson Park Community Hall
42 Lockyer Street
Lot 1, DP 1132741
Local
I314
Merewether
Macquarie Street Reservoir
65 Macquarie Street
Lot 10, DP 813829
Local
I316
Merewether
Townson Oval Pavilion—Mitchell Park
24 Mitchell Street
Lot 7022, DP 93962
Local
I318
Merewether
War Memorial—Mitchell Park
24 Mitchell Street
Lot 7022, DP 93962
Local
I317
Merewether
Merewether Baptist Church
75 Morgan Street
Lot 3, DP 153084
Local
I319
Merewether
Residence
26 Rowan Crescent
Lot 91, DP 521593
Local
I320
Merewether Heights
Bailey’s Orchard
221 Scenic Drive
Lot 1, DP 197754; Lot 1, DP 73351; Lot 111, DP 776284
Local
I323
Merewether Heights
Fruit packing shed and residence
221 Scenic Drive
Lot 1, DP 197754
Local
I321
Merewether Heights
Glenrock Reserve
221 Scenic Drive
Lots 111 and 112, DP 776284; Lot 110, DP 571225; Lot 7, DP 520646; Lot 1, DP 733514; Lot 1, DP 197754
Local
I322
Minmi
Duckenfield Railway No 1 Colliery branch lines
  
Local
I325
Minmi
Duckenfield Railway Nos 2, 3 and 4 Collieries branch lines
  
Local
I326
Minmi
St Andrew’s Presbyterian Church
19 Church Street
Lot 1, DP 577710
Local
I327
Minmi
Former police station and courthouse
40 Church Street
Lot 1, DP 730659
Local
I328
Minmi
Stone ford
33 Lenaghans Drive
Lot 1, DP 1007615
Local
I329
Minmi
Winston Court (residence)
142 Lenaghans Drive
Lots 11 and 12, DP 1127655
Local
I330
Minmi
Former railway cuttings
East of McInnes Street
Part Lot 71, DP 1065169; Lot 123, DP 1050678
Local
I331
Minmi
Minmi to Hexham Railway
Minmi to Hexham
 
Local
I332
Minmi
Duckenfield No 2 Colliery air furnace shaft
25 Minmi Road
Lot 123, DP 1050678
Local
I333
Minmi
Cemetery
27 Minmi Road
Lot 4, DP 1044574
Local
I334
Minmi
Minmi reservoir site
15 Reservoir Road
Lot 147, DP 840897
Local
I335
Minmi
Former reservoir residence
17 Reservoir Road
Lot 21, DP 793953
Local
I336
Minmi
Dairy cool rooms—John Brown’s Model Farm
29 Woodford Street
Lot 148, DP 840897
Local
I339
Minmi
Former railway cuttings—John Brown’s Model Farm
29 Woodford Street
Lot 148, DP 840897
Local
I340
Minmi
John Brown’s Model Farm
29 Woodford Street
Lot 148, DP 840897
Local
I337
Minmi
Remains of railway siding—John Brown’s Model Farm
29 Woodford Street
Lot 148, DP 840897
Local
I338
Minmi
Minmi Public School (foundation stones and bell)
56 Woodford Street
Lot 1, DP 782483; Lot 15, Section A, DP 30399
Local
I341
Minmi
Minmi Coal Carriage
56 Woodford Street
Lot 1, DP 782483; Lot 15, Section A, DP 30399
Local
I342
Minmi
Former Post Office
129 Woodford Street
Lot 1, DP 446269
Local
I343
Minmi
Minmi Hotel
156 Woodford Street
Lot 2, DP 851653
Local
I344
Minmi
Former Minmi Public School and residence
196 Woodford Street
Lots 11 and 12, DP 596179
Local
I345
Minmi
Minmi Train Carriage
300 Woodford Street
Part Lot 71, DP 1065169
Local
I346
New Lambton
Former Savoy Theatre
14–16, 18A and 18B Alma Road
Lot 1266, DP 755247
Local
I347
New Lambton
Newbold House
161 Croudace Street
Lots 3 and 4, DP 17908
Local
I348
New Lambton
New Lambton Scout Hall
4 Fleet Street
Lot 6, DP 20700; Lot 10, DP 14496
Local
I349
New Lambton
New Lambton Substation
34A Portland Place
Lot 310, DP 713570
Local
I350
New Lambton
Orielton (residence)
41 Queens Road
Lot C, DP 315885
Local
I351
New Lambton
The Grange (residence)
59 Queens Road
Lot 2, DP 547000
Local
I352
New Lambton
New Lambton Public School
66 Regent Street
Lot 1, DP 122486; Lot 1, DP 122485; Lots 1215, 1216, 1218 and Part Lot 1220, DP 755247
Local
I353
New Lambton
St Therese’s Primary School
39 Royal Street
Lots 67–69, DP 5401
Local
I354
New Lambton
Brick stormwater culvert
41 Wallarah Road (off Tyrone Street)
Part of Lots 20 and 21, DP 1224050
Local
I693
New Lambton
Former police station and residence
23 Westcourt Road
Lot 1, DP 1062822
Local
I355
New Lambton Heights
Rankin Park Hospital
2 Lookout Road
Lot 132, DP 1053492
Local
I356
New Lambton Heights
Remnant garden—Croudace House
2, 14 and 20 Lookout Road
Lot 132, DP 1053492; SP 60845; Lot 2, DP 1080386
Local
I357
New Lambton Heights
Croudace House
20 Lookout Road
SP 60845
Local
I358
Newcastle
Northumberland County Council Building
20 Auckland Street
Lot A, DP 369052; Part Lot 1, DP 999494
Local
I359
Newcastle
Newcastle Post Office Annex
5 Bolton Street
Lot 1, DP 430746
Local
I360
Newcastle
Commercial building
6 Bolton Street
Lot 1, DP 1022156
Local
I361
Newcastle
NZ Insurance building
12 Bolton Street
SP 51662
Local
I362
Newcastle
Union Trustee building
18 Bolton Street
Lot 42, DP 542509
Local
I363
Newcastle
Former Eldon Chambers
26 Bolton Street
Lot 3, DP 1076583
Local
I364
Newcastle
Newcastle Herald Building
28 Bolton Street
Lot 1, DP 1036640
Local
I365
Newcastle
The Bowery
37 Bolton Street
Lot 1, DP 743148
Local
I366
Newcastle
Court Chambers
40 Bolton Street
Lot 71, DP 758769
Local
I367
Newcastle
Steels Garage (former Olympic Hall)
47 Bolton Street
SP 77384
Local
I368
Newcastle
Former David Cohen & Co Warehouse
50 Bolton Street
Lot 1, DP 601267
State
I369
Newcastle
Toll Cottage (former Rose Cottage)
51 Bolton Street
Lot 394, DP 747410
Local
I370
Newcastle
Former Newcastle East Public School
58 Bolton Street
Lot 1, DP 709455
State
I371
Newcastle
Customs House
1 Bond Street
Lot 1, DP 533984
State
I372
Newcastle
Stanton Catchlove Bond Store (Earp Gillam Bond Store Precinct)
11 Bond Street
Lot 1, DP 619238
Local
I373
Newcastle
Former Coutts Sailor Home
16 Bond Street and 88A Scott Street
Lots 1 and 3, DP 1156117
State
I450
Newcastle
Macquarie House
8 Church Street
Lot 10, DP 24188
State
I374
Newcastle
Courthouse
9 Church Street
Part Lot 7002, DP 1077042
State
I375
Newcastle
Buchanan Terrace and footpath
10 Church Street
Lot 9, DP 24188
State
I376
Newcastle
Buchanan Terrace and footpath
12 Church Street
Lot 8, DP 24188
State
I377
Newcastle
Buchanan Terrace and footpath
14 Church Street
Lot 7, DP 24188
State
I378
Newcastle
Buchanan Terrace and footpath
16 Church Street
Lot 6, DP 24188
State
I379
Newcastle
Buchanan Terrace and footpath
18 Church Street
Lot 5, DP 24188
State
I380
Newcastle
Buchanan Terrace and footpath
20 Church Street
Lot 4, DP 24188
State
I381
Newcastle
Buchanan Terrace and footpath
22 Church Street
Lot 3, DP 24188
State
I382
Newcastle
Buchanan Terrace and footpath
24 Church Street
Lot 2, DP 24188
State
I383
Newcastle
Buchanan Terrace and footpath
26 Church Street
Lot 1, DP 24188
State
I384
Newcastle
Buchanan Terrace and footpath
28 Church Street
Lot B, DP 420090
State
I385
Newcastle
Buchanan Terrace and footpath
30 Church Street
Lot A, DP 420090
State
I386
Newcastle
Grand Hotel
32 Church Street
Lot 1, DP 343633
State
I387
Newcastle
Dwelling
46 Church Street
Lot A, DP 331216
Local
I388
Newcastle
No 1 Lee Wharf Building A
3C Honeysuckle Drive
Lot 6, DP 1137661
State nominated
I389
Newcastle
No 2 Lee Wharf Building C
13 Honeysuckle Drive
Lots 31 and 32, DP 1136586
State nominated
I390
Newcastle
T & G Mutual Life Assurance Building
45 Hunter Street
Lot 6, DP 75385
State
I391
Newcastle
Sun Building (facade only)
48–56 Hunter Street
Lot 4, DP 76454
Local
I392
Newcastle
AMP Building
55 Hunter Street
SP 53607
Local
I393
Newcastle
Former CBA Bank
67 Hunter Street
SP 65329
Local
I394
Newcastle
Former National Bank
68 Hunter Street
Lot 1, DP 66499
Local
I395
Newcastle
National Australia Bank
73 Hunter Street
Lot A, DP 60510
Local
I396
Newcastle
Former Department of Public Works Office
74 Hunter Street
Lot 3224, DP 729951
State nominated
I397
Newcastle
Former Emporium Building
87–101 Hunter Street
Lots 1 and 2, DP 152682; Lot 1, DP 202171; Lot 1, DP 799548; Lot 2, DP 583726; Lot 1, DP 999139
Local
I398
Newcastle
Former police station
90 Hunter Street
Lot 3223, DP 729951
State nominated
I399
Newcastle
Post Office and War Memorial Statue
96–100 Hunter Street
Lot 103, DP 758769
State
I400
Newcastle
ANZ Bank
102 Hunter Street
Lot 1, DP 131741
Local
I401
Newcastle
CML Building
108–112 Hunter Street
Lot 1, DP 331485
Local
I402
Newcastle
Municipal building
121 Hunter Street
Lot 31, DP 864001
Local
I403
Newcastle
Municipal building
122–132 Hunter Street
Lots A–F, DP 80153
Local
I404
Newcastle
Former Hotel Hunter
152–160 Hunter Street
Lot 2, DP 600274
Local
I405
Newcastle
Municipal building
164–170 Hunter Street
Lot 1, DP 600274
Local
I406
Newcastle
David Jones (commercial building)
169–185 Hunter Street
Lot 1, DP 749729
Local
I407
Newcastle
Former AA Dangar Building
176 Hunter Street
Lot 1, DP 110615
Local
I408
Newcastle
Former School of Arts
182 Hunter Street
Lot 212, DP 660080
Local
I409
Newcastle
Crown & Anchor Hotel
189 Hunter Street
Lot 1, DP 79759
Local
I410
Newcastle
Former Johns Building
200–212 Hunter Street
SP 77846
Local
I411
Newcastle
Former Commonwealth Bank
220 Hunter Street
Lot 1, DP 78033
Local
I412
Newcastle
Former ANZ Bank
227 Hunter Street
Lot 1, DP 770692
Local
I413
Newcastle
Lucky Country Hotel
237 Hunter Street
Lots 1 and 2, DP 331728
Local
I414
Newcastle
Remains of AA Co., bridge and fence
280 Hunter Street
Lot 1001, DP 1095836
Local
I415
Newcastle
Former tramway substation
342 Hunter Street
SP 21188
Local
I416
Newcastle
Former Frederick Ash Building
357 Hunter Street
Lot 2, DP 1010675
State
I417
Newcastle
Civic Theatre
373 Hunter Street
Part Lot 1, DP 225689
State
I418
Newcastle
Former Civic Railway Station
430 Hunter Street
Lot 7, DP 1247375
Local
I703
Newcastle
Former Emporium Building
517–525 Hunter Street
Lots 800 and 801, DP 562199; Lot 1, DP 175318; Lot 1, DP 979900; Lot 1, DP 175320
Local
I419
Newcastle
Former police station
558 Hunter Street
Lot 3195, DP 705450
Local
I420
Newcastle
Wheeler House
8 King Street
SP 65842
Local
I421
Newcastle
Dr Richard Harris’ Residence
81 King Street
Lot 1, DP 63392
Local
I422
Newcastle
Former Masonic Hall and former Lyrique Theatre
98 King Street (Wolfe Street)
Lot 500, DP 879162
Local
I423
Newcastle
Former Volunteer Fire Station
115 King Street
Lot 1, DP 742814
Local
I424
Newcastle
Ireland Bond Store
123 King Street
Lot 1, DP 64187
Local
I425
Newcastle
Central Hall
141 King Street
Lot 1, DP 995712
Local
I426
Newcastle
Former Wool Exchange
149 King Street
Lot 10, DP 64384
Local
I427
Newcastle
Albert Terraces
164–176 King Street and 3–5 Crown Street
Lots 1–5, DP 263453
Local
I428
Newcastle
The Moorings (residential units)
199 King Street
SP 2831
Local
I429
Newcastle
Civic Park
201 King Street
Lot 300, DP 604071; Lot 91, DP 521033
Local
I430
Newcastle
Church Walk Park
203 King Street
Lot 27, DP 150538
Local
I431
Newcastle
TPI House (former Mackie’s Warehouse)
231 King Street
Lot B, DP 502464
Local
I432
Newcastle
City Hall and lamp posts
290 King Street
Part Lot 1, DP 225689
State
I433
Newcastle
Christie Place (including fountain)
292 King Street
Part Lot 1, DP 225689
State
I434
Newcastle
Nesca House
300 King Street
Lot 2, DP 225689
State
I435
Newcastle
City Arcade and former Corporation Baths
11 Newcomen Street
Lot 1, DP 128998
Local
I436
Newcastle
The Newcastle Club
40 Newcomen Street
Lots 1 and 2, DP 997519
State nominated
I437
Newcastle
Claremont (former residence)
40 Newcomen Street
Lot 2, DP 997519
State nominated
I438
Newcastle
Sunnyside (residence)
44 Newcomen Street
Lot 41, DP 1060945
Local
I439
Newcastle
Terrace House
49 Newcomen Street
Lot 61, DP 569796
Local
I440
Newcastle
Newcomen House (residence)
51 Newcomen Street
Lot 1, DP 794738
Local
I441
Newcastle
Newcastle Hospital North Wing
21 Pacific Street and 2 Ocean Street
SP 71894
Local
I442
Newcastle
Former Nurses’ Home
30 Pacific Street
Lot 100, DP 883220
State
I443
Newcastle
Former Victoria Theatre
8–10 Perkins Street
Lot 1, DP 1100172
State
I444
Newcastle
Former Primitive Methodist Manse
29 Perkins Street
Lot 1, DP 321540
Local
I445
Newcastle
Miss Chippendale’s School Room
45 Perkins Street
Lot 1, DP 1034041
Local
I446
Newcastle
House
49 Perkins Street
Lot 1, DP 854928
Local
I447
Newcastle
Former Newcastle East Police Station
63 Scott Street
Lot 7307, DP 1144466
Local
I448
Newcastle
Former superintendent’s residence
88 Scott Street
Lot 2, DP 1156117
State
I449
Newcastle
Great Northern Hotel
89 Scott Street
Lot 100, DP 834251
State
I451
Newcastle
Former residence
90 Scott Street
Lot 1, DP 123946
Local
I452
Newcastle
Former station master’s residence
92 Scott Street
Part Lot 2, DP 706760
State
I453
Newcastle
Former railway pay office
92 Scott Street (facing Bond Street)
Part Lot 2, DP 706760
State
I454
Newcastle
Newcastle Railway Station
110 Scott Street
Lot 22, DP 1009735
State
I455
Newcastle
Centennial Hotel
127 Scott Street and 114 Hunter Street
SP 80248; Lot 1, DP 745997
Local
I456
Newcastle
Air Force Club (Wood Chambers)
129 Scott Street
Lot 100, DP 1036238
Local
I457
Newcastle
Rundles Buildings (former R Hall & Sons buildings)
161 Scott Street
SP 57218
Local
I458
Newcastle
Former Beberfaulds Warehouse
175 Scott Street
SP 35541; SP 37388
Local
I459
Newcastle
Shepherds Hill Defence Group Military Installations
41 The Terrace
Lot 3116, DP 755247; Part of Lot 42, DP 152846; Part of Lot 78, DP 154075; Part of SP 4203
State
I460
Newcastle
Howard Smith Chambers
14 Watt Street
SP 16024
Local
I461
Newcastle
Union Steamship Building
31–33 Watt Street
SP 34152
Local
I462
Newcastle
Manufacturers House
35–37 Watt Street
Lot 1, DP 342578
State
I463
Newcastle
St Phillip’s Church
48 Watt Street
Lot 38, DP 1142311
Local
I464
Newcastle
Terrace
50 Watt Street
Lot 12, DP 24188
State
I465
Newcastle
Terrace
52 Watt Street
Lot 13, DP 24188
State
I466
Newcastle
Terrace
54 Watt Street
Lot 14, DP 24188
State
I467
Newcastle
United Services Club
55 Watt Street
Lot 2, DP 609103
Local
I468
Newcastle
Terrace
56 Watt Street
Lot 15, DP 24188
State
I469
Newcastle
Terrace
58 Watt Street
Lot 16, DP 24188
State
I470
Newcastle
Terrace
60 Watt Street
Lot 17, DP 24188
State
I471
Newcastle
Terrace
62 Watt Street
Lot 18, DP 24188
State
I472
Newcastle
Newcastle Government House and Domain
72 Watt Street
Lot 1, DP 1069317; Lot 10, DP 1087691; Lot 7059, DP 1116454; Lot 2 and part of Lot 1, DP 1199904
State
I473
Newcastle
Argyle House
311 Wharf Road
Lot 190, DP 541370
State
I476
Newcastle
Retaining walls with sandstone steps
Wolfe Street and King Street
 
Local
I477
Newcastle
Segenhoe (residential units)
50 Wolfe Street
SP 19837
Local
I478
Newcastle
Civic Railway Workshops Group
5 Workshop Way, 1 Wright Lane, 6 Workshop Way and 2–4 Merewether Street
Lot 511, DP 1030264; Lot 5, DP 883474; Lot 3, DP 1111305
State
I479
Newcastle East
Fort Scratchley group (buildings and underground forts—Coal River Precinct)
31 Nobbys Road
Lots 1, 2, 4 and 5, DP 407886
State
I480
Newcastle East
Nobbys Beach Pavilion (Coal River Precinct)
35 Nobbys Road
Lot 7005 and Part Lot 7006, DP 1057119
State
I481
Newcastle East
Boatmans Terrace Group (residences)
36–66 Nobbys Road
Lot 1, DP 617504
Local
I482
Newcastle East
The Cowrie Hole (rock platform)
Off Shortland Esplanade
Part Lot 7061, DP 1118737; Part Lot 7060, DP 1118739
Local
I483
Newcastle East
Coal Memorial
Parnell Place
Part N 137–844R
Local
I485
Newcastle East
Column from original courthouse
Parnell Place
Lot 137, DP 1158165
Local
I484
Newcastle East
The Retreat (residence)
31 Parnell Place
Lot 4, DP 4296
Local
I486
Newcastle East
The Carlton (residential units)
19 Scott Street
SP 39163
Local
I487
Newcastle East
Soldiers Baths (Coal River Precinct)
Shortland Esplanade
Lot 7060, DP 1118739
State
I488
Newcastle East
Ocean Baths
30 Shortland Esplanade
Lot 7061, DP 1118737
Local
I489
Newcastle East
Stevenson Place Precinct (terraces)
1–55 Stevenson Place
Lots 1–4, DP 13965; Lot 6, Section 1, DP 1207; Lots 51 and 52, DP 615835; Lots 1–4, 6 and 7, DP 9665; Lot 1, DP 939241; Lots 10–12, DP 1140051; Lot 7, DP 666915; Lot 20, DP 740624; Lot 1, DP 908106; Lot 1, DP 908116; Lots 1–8, DP 9520
Local
I490
Newcastle East
Former John Bull Warehouse
28 Stevenson Place
SP 48754
Local
I491
Newcastle East
Former Earp Gillam Bond Store (Earp Gillam Bond Store Precinct)
16 Telford Street
SP 44807
State
I492
Newcastle East
Tyrrell House (facade only)
49 Telford Street
SP 20749
Local
I493
Newcastle West
Former City Bank
553–557 Hunter Street
Lot 1, DP 1101230
Local
I494
Newcastle West
Former CBC Bank
559 Hunter Street
SP 76614
Local
I495
Newcastle West
Newcastle Technical College
590–608 Hunter Street
Lots 1 and 2, DP 852552
Local
I496
Newcastle West
Hunter Water Board Building
599 Hunter Street
Lot 1, DP 595677
Local
I497
Newcastle West
Theatre Royale
669 Hunter Street
Lot 111, DP 75158
State nominated
I498
Newcastle West
Bellevue Hotel
738 Hunter Street
Lot 101, DP 1096718
Local
I499
Newcastle West
Bank Corner (former Bank of NSW)
744 Hunter Street
Lot 1, DP 75008; Lot 1, DP 196241
Local
I500
Newcastle West
Former Castlemaine Brewery
787 Hunter Street
Lot 21, DP 774313
State
I501
Newcastle West
Cambridge Hotel
791 Hunter Street
Lot 47, DP 95273
Local
I502
Newcastle West
St Joseph’s Convent and Sacred Heart Church and School
841 Hunter Street
Lot 2, DP 787816; Lot 1, DP 129569; Lot 38, DP 95306; Lot 39, DP 1095545; Lot 841, DP 1095203
Local
I503
Newcastle West
Former Newcastle Co-operative Store
854 Hunter Street
Lot 1, DP 82517
Local
I504
Newcastle West
Dairy Farmers Building
924 Hunter Street
Lot 2, DP 445736
Local
I505
Newcastle West
Miss Porter’s Residence
434 King Street
Lot 441, DP 998073
State
I506
Newcastle West
Former Gasworks office
461 King Street
Lot 1, DP 797175
Local
I507
Newcastle West
Army Drill Hall
498 King Street
Lot 1, DP 222839
Local
I508
Newcastle West
Birdwood Park
502 King Street
 
Local
I509
Newcastle West
Hamilton College of TAFE
91 Parry Street
Lot 1, DP 584429
Local
I510
North Lambton
Residence
288 Newcastle Road
Lot 181, DP 561160
Local
I511
North Lambton
Residence
298 Newcastle Road
Lot 101, DP 587293
Local
I512
North Lambton
Former Reservoir Hotel
330 Newcastle Road
Lot 28, Section B, DP 1700
Local
I513
North Lambton
Former Red Lion Hotel
414 Newcastle Road
Lot 2, DP 405066
Local
I514
North Lambton
Quarrymans cottage
15 Percy Street
Lot 15, Section C, DP 96
Local
I515
Sandgate
Railway Spur—Sandgate Cemetery
108 Maitland Road
 
Local
I517
Sandgate
Sandgate Cemetery
108 Maitland Road
Lot 7074, DP 1105147; Part Lot 2951, DP 755247
Local
I516
Sandgate
Office—Sandgate Cemetery
116 Maitland Road
Lot 2913, DP 755247
Local
I518
Sandgate
2HD Studio
173 Maitland Road
Part Lots 36 and 37, DP 37259; Lot 1, DP 783568; Lot 1, DP 997590
Local
I519
Shortland
Uniting Church
272 Sandgate Road
Lot 100, DP 705646
Local
I520
Stockton
St Paul’s Anglican Church Group
2 Church Street
Lot 1, DP 1119905
Local
I521
Stockton
Stockton Public School
10 Clyde Street
Lots 10 and 11, Section 22, DP 758929; Lot 101, DP 753191; Lot 110, DP 821006
Local
I522
Stockton
Mine Disaster Memorial
Corner Clyde and Mitchell Streets
Lot 7301, DP 1146370
Local
I523
Stockton
Former Sister Ogden’s Hospital
29 Crown Street
Lots 14 and 15, Section A, DP 6865
Local
I524
Stockton
Stockton horse trough
Douglas Street
 
Local
I525
Stockton
St Peter in Chains Hall
1–5 Dunbar Street
Lot 22, DP 1097050; Lots 19–21, Section B, DP 6865
Local
I526
Stockton
St Peter in Chains Presbytery
7 Dunbar Street
Lot 1, DP 840256
Local
I527
Stockton
The Laurels (residence)
48 Fullerton Street
Lot 1, DP 731739
Local
I529
Stockton
Former Callen Residence
118 Fullerton Street
Lot A, DP 314946
Local
I530
Stockton
Boatrowers Hotel
130A Fullerton Street
Lot 6, Section 10, DP 758929
Local
I531
Stockton
Fort Wallace, Administration Building
338 Fullerton Street
Part of Lot 100, DP 1152115
Local
I698
Stockton
Fort Wallace, Drill Hall
338 Fullerton Street
Part of Lot 100, DP 1152115
Local
I697
Stockton
Fort Wallace, Gunner Hoban Tree
338 Fullerton Street
Part of Lot 100, DP 1152115
Local
I700
Stockton
Fort Wallace, Heritage Precinct including observation tower, gun emplacements, casualty station, engine and radio room
338 Fullerton Street
Part of Lot 101, DP 1152115
Local
I696
Stockton
Fort Wallace, Plotting Room
338 Fullerton Street
Part of Lot 101, DP 1152115
Local
I699
Stockton
Stockton Centre
342 Fullerton Road
Lot 430, DP 835921
Local
I532
Stockton
Stockton Cemetery
344 Fullerton Street
Lot 7032, DP 1053003
Local
I694
Stockton
Stockton Fire Station
36 Hereford Street
Lot 15, Section 12, DP 753191
Local
I533
Stockton
St Giles’ Presbyterian Church
91 Hereford Street
Lot 1, DP 1000364
Local
I534
Stockton
Former St Paul’s Rectory
32 Maitland Street
Lot 1, DP 343745
Local
I535
Stockton
General Washington Hotel
1 Mitchell Street
Lot 1, DP 82959; Lots 58 and 59, DP 753191
Local
I536
Stockton
Gladstone Hotel
36 Mitchell Street
Lot 1, DP 82958
Local
I695
Stockton
Former Savoy Picture Theatre
68 Mitchell Street
Lot 51, DP 617372
Local
I537
Stockton
Beach Cafe
115 Mitchell Street
Lot 1, DP 949659
Local
I538
Stockton
Residence
121–123 Mitchell Street
Lot 7, Section 23, DP 758929
Local
I539
Stockton
The John Slade Memorial Pavilion
124 Mitchell Street
Lot 7301, DP 1146370
Local
I540
Stockton
Former Sister Brown’s residence
139 Mitchell Street
Lot 1, DP 323545
Local
I541
Stockton
Ocean View Flats
179 Mitchell Street
SP 77256
Local
I542
Stockton
War Memorial
226 Mitchell Street
 
Local
I543
Stockton
Former police station and residence
1A Newcastle Street
Part Lot 4, DP 213040
Local
I544
Stockton
Residence
1 Queen Street
Lot 1, DP 799919
Local
I545
Tarro
Tarro Substation
4A Anderson Drive
Lot 1, DP 611518
Local
I546
Tarro
Our Lady of Lourdes Church
42 Anderson Drive
Lot 42, DP 1096998
Local
I547
Tarro
Residence
29 Eastern Avenue
Lot 100, DP 849413
Local
I548
Tarro
Hexham Shipbuilding Yards
404 Maitland Road
Lot B, DP 405828
Local
I180
Tarro
Tarro Community Hall
2A Northern Avenue
Lot 3, Section F, DP 13126
Local
I549
Tarro
Pumping station
3 Woodberry Road
Lot 2, DP 595526
Local
I550
Tarro
Substation
3 Woodberry Road
Lot 2, DP 595526
Local
I551
The Hill
Shalamah (residence)
4 Barker Street
Lots 1 and 2, DP 195186
Local
I552
The Hill
Jesmond House (residence)
10 Barker street
Lots A and B, DP 153708
Local
I553
The Hill
Captain Allan’s House
19 Barker Street
Lot 343, DP 54152
Local
I554
The Hill
St Ronans (residence)
18 Bingle Street
Lot B, DP 420523
State nominated
I555
The Hill
Beacon Tower (landmark)
Corner Brown and Tyrrell Streets
 
Local
I607
The Hill
Bishopscourt (residence)
34 Brown Street
Lot 102, DP 1020129
Local
I556
The Hill
Newcastle East Public School
48 Brown Street
Lots 1–3, DP 794850
Local
I557
The Hill
Newcastle Reservoirs Site
51 Brown Street
Lots 346 and 347, DP 758769; Lots 1–5, DP 1141417
State
I558
The Hill
Marlborough House
49 Church Street
Lot 1, DP 819070
Local
I559
The Hill
Woodlands (residence)
51 Church Street
Lot 11, DP 634172
State
I560
The Hill
Gate and stairs
52 Church Street
Lot 1, DP 594939
Local
I561
The Hill
Christ Church Cathedral
52A Church Street
Lot 3, DP 36886
State
I562
The Hill
Lance Villa Group terrace house
66 Church Street
Lot 61, DP 585966
Local
I563
The Hill
Lance Villa Group terrace house
68 Church Street
Lot 62, DP 585966
Local
I564
The Hill
Lance Villa Group terrace house
70 Church Street
Part Lot 161, DP 54152
Local
I565
The Hill
Lance Villa Group terrace house
72 Church Street
Lot 1, DP 770143
Local
I566
The Hill
Lance Villa Group terrace house
74 Church Street
Lot 1611, DP 996843
Local
I567
The Hill
Lance Villa Group terrace house
76 Church Street
Lot 1, DP 852881
Local
I568
The Hill
Lance Villa Group terrace house
78 Church Street
Lot 1620, DP 817037
Local
I569
The Hill
Minumbah (residence)
88 Church Street
Lot 1, DP 743943
Local
I570
The Hill
Cliff Towers (residential units)
124 Church Street
SP 1533
Local
I571
The Hill
The Boltons (attached residence)
1 off Church Street
Lot 4, DP 37425
Local
I572
The Hill
The Boltons (attached residence)
2 off Church Street
Lot 5, DP 37425
Local
I573
The Hill
The Boltons (attached residence)
3 off Church Street
Lot 6, DP 37425
Local
I574
The Hill
The Boltons (attached residence)
4 off Church Street
Lot 7, DP 37425
Local
I575
The Hill
Berkeley House Building—Newcastle Grammar School
60 Newcomen Street
Lot 1, DP 198891
Local
I577
The Hill
Christ Church Parish Hall
60 Newcomen Street
Lot 1, DP 198891
State
I576
The Hill
Merrick House Building—Newcastle Grammar School
60 Newcomen Street
Lot 1, DP 198891
Local
I578
The Hill
King Edward Park Group (Bogey Hole Public Baths)
1A Ordnance Street
Crown Reserve 56146
State
I579
The Hill
King Edward Park Group (includes public reserve, drinking fountain and rotunda)
3 Ordnance Street
Lot 7004, DP 1077043
State nominated
I580
The Hill
Obelisk
5A Ordnance Street
Lot 1238, DP 1096744
Local
I581
The Hill
St Mary’s Star of the Sea Church
54 Perkins Street
Lot 111, DP 1130095
Local
I582
The Hill
Residence
56 Perkins Street
Lot 1042, DP 1109062
Local
I583
The Hill
House
58 Perkins Street
Lot 1, DP 996157
Local
I584
The Hill
Terrace
60 Perkins Street
Lot 1, DP 712325
Local
I585
The Hill
Terrace
62 Perkins Street
Lot 1, DP 731703
Local
I586
The Hill
Terrace
64 Perkins Street
Lot 1, DP 783710
Local
I587
The Hill
Three storey house (known as Corlette’s Cottage)
2 The Terrace
Lot 1, DP 198906
Local
I588
The Hill
Terrace (Pacific House)
4 The Terrace
Lot 4, DP 1095505
Local
I589
The Hill
House
6 The Terrace
Lot 6, DP 1079886
Local
I590
The Hill
Terrace
8 The Terrace
Lot 1, DP 1044379
Local
I591
The Hill
Terrace
10 The Terrace
Lot 13, DP 1088287
Local
I592
The Hill
Terrace
12 The Terrace
Lots 1 and 2, DP 193906
Local
I593
The Hill
Terrace
14 The Terrace
Lot 1, DP 136805
Local
I594
The Hill
Terrace
16 The Terrace
Lot 11, DP 1110834
Local
I595
The Hill
Terrace
20 The Terrace
Lots 5 and 6, DP 732782
Local
I596
The Hill
Terrace
22 The Terrace
Lot 1, DP 986473
Local
I597
The Hill
Terrace
24 The Terrace
Lot 1, DP 198415
Local
I598
The Hill
Terrace
26 The Terrace
Lot 8, DP 742527
Local
I599
The Hill
Terrace
28 The Terrace
Lot 7, DP 1107778
Local
I600
The Hill
Terrace
30 The Terrace
Lot 1, DP 198361
Local
I601
The Hill
Terrace
32 The Terrace
Lot 100, DP 809379
Local
I602
The Hill
Terrace
38 The Terrace
Lot 1, DP 112366
Local
I603
The Hill
Terrace (Hill House)
40 The Terrace
Lot 1, DP 735348
Local
I604
The Hill
Hillside (residence)
24 Tyrrell Street
Lot 1, DP 197834
Local
I605
The Hill
Former stables
8/60 Tyrrell Street
Lot 53, SP 69660
Local
I606
The Hill
Newcastle Synagogue
122 Tyrrell Street
Lot 150, DP 582406
Local
I608
The Junction
Brien Street Terraces
6–14 Brien Street
Lot 1, DP 741600; Lot 1, DP 799556; Lot 1, DP 996600; Lot 1, DP 743276; Lot 1, DP 798066
Local
I609
The Junction
Farquhar Street Terraces
3–9 Farquhar Street
Lot 9, DP 1081636; Lot 39, DP 1120470; Lot 1, DP 112625; Lot 1, DP 797573
Local
I610
The Junction
Residence
26 Farquhar Street
Lot 80, DP 95001
Local
I611
The Junction
Former Primitive Methodist Parsonage
28 Farquhar Street
Lot 81, DP 95001
Local
I612
The Junction
War Memorial
Corner Glebe Road and Kenrick Street
 
Local
I613
The Junction
Rowland Park War Memorial
Corner Glebe Road and Railway Street
 
Local
I614
The Junction
Rowland Park
77A Glebe Road
 
Local
I615
The Junction
Rowland Park Fountain
77A Glebe Road
 
Local
I616
The Junction
St Joseph’s Convent and School Group (incorporating St Thomas More Centre)
34 Kenrick Street
Lot 38, DP 1097839; Lot 430, DP 1098594; Lot 143, DP 1097281; Lots 144 and 145, DP 1097215; Lots 451 and 452, DP 1097394; Lots 457 and 458, DP 1097437; Lot 244, DP 1097318; Lot 4, DP 1097492; Lot 3, DP 1097493; Lots 10–14, DP 1097629; Lot 2808, DP 1097822; Lots 391 and 392, DP 10978
Local
I617
The Junction
The Junction Primary School
16 Watkins Street
Lots 1–8, DP 795234; Lot 1, DP 592431; Lot 1, DP 159535; Lot 1, DP 164214
Local
I618
Tighes Hill
Tighes Hill School of Arts
15 Elizabeth Street
Lot 12, Section E, DP 230
Local
I619
Tighes Hill
Tighes Hill Public School
33 Elizabeth Street
Lots 7–14, Section F, DP 61; Lot 1, DP 795035
Local
I620
Tighes Hill
Former police lock-up
66 Elizabeth Street
Lots 4 and 5, Section C, DP 454
Local
I621
Tighes Hill
Styx Creek Bridge
Maitland Road
 
Local
I622
Tighes Hill
Royal Oak Hotel
207 Maitland Road
Lot 125, DP 1071039
Local
I623
Tighes Hill
Tighes Hill TAFE College
266 Maitland Road
Part Lot 100, DP 1004331
Local
I624
Tighes Hill
Immaculate Heart of Mary Church
16 Tighes Terrace
Lot 2, DP 578946
Local
I625
Tighes Hill
Convent of Mercy
38 Union Street
Lots 29 and 30, DP 32507
Local
I626
Wallsend
Federal Park
2 Boscawen Street
Lot 7010, DP 1053001
Local
I627
Wallsend
RM Evans Funeral Chapel
5 Bunn Street
Lot 1, DP 779152
Local
I628
Wallsend
Clarens House
4 Campbell Street
Lot 1, DP 795472
Local
I629
Wallsend
Clarke Street Cottages
32–34 Clarke Street
Lot 1, DP 799569; Lot 9, Section E, DP 977871
Local
I630
Wallsend
Former School of Arts (Fellowship House)
69 Cowper Street
Lot 1, DP 709819
Local
I631
Wallsend
Railway goods shed
76 Cowper Street
Part Lot 27, DP 598215
State
I632
Wallsend
Terminus Hotel
77 Cowper Street
Lot 1, DP 75085
Local
I633
Wallsend
Stables
81 Cowper Street
Lot 30, DP 625168
Local
I634
Wallsend
Colliery Inn
87 Cowper Street
Lot 1, DP 76381
Local
I635
Wallsend
Wallsend Fire Station
27 Devon Street
Lot 1, DP 78016
Local
I636
Wallsend
Wallsend Precinct—Courthouse
18 Harris Street
Part Lot 1, DP 199628
Local
I637
Wallsend
Former Grapes Inn
20 Kemp Street
Lot 52, DP 529189
Local
I638
Wallsend
Wallsend Park
47 Lake Road
Part Lot 1, DP 724075
Local
I639
Wallsend
Woodlands House
100 Lake Road
Lot 1, DP 337878
Local
I640
Wallsend
Wallsend Hospital Median Garden
Longworth Avenue
 
Local
I641
Wallsend
Wallsend Drug and Alcohol Centre
10 Longworth Avenue
Lots C–F, DP 312480; Lot 1, DP 315099
Local
I642
Wallsend
Wallsend Hospital
10 Longworth Avenue
Lots C–F, DP 312480; Lot 1, DP 315099
Local
I643
Wallsend
Wallsend Masonic Hall
4 Metcalfe Street
Lot 1, DP 1037615
Local
I644
Wallsend
Newcastle Muslim Association (building)
6 Metcalfe Street
Lot 1, DP 795032
Local
I645
Wallsend
St Luke’s Anglican Church
22 Metcalfe Street
Lot 1, DP 1098051
Local
I646
Wallsend
Wallsend Public School
67 Metcalfe Street
Lots 1–4, DP 122513; Lot 1, DP 122511; Lots 9 and 11–14, Section 15, DP 29; Lots 2 and 3, DP 529635; Lots 2 and 3, DP 533593
Local
I647
Wallsend
Racecourse Hotel
11 Minmi Road
Lot 1, DP 76498
Local
I648
Wallsend
Lemon Grove Hotel
112 Nelson Street
Lot 1, DP 87351
Local
I649
Wallsend
St Andrew’s Presbyterian Church
144 Nelson Street
Lot 161, DP 1133536
Local
I650
Wallsend
Plattsburg Public School
2 Ranclaud Street
Lots 1 and 2, DP 794917
Local
I651
Wallsend
Wallsend General Cemetery
164 Sandgate Road
Lot 7305, DP 1141674
Local
I652
Wallsend
Historic postal pillar box
Thomas Street
 
Local
I656
Wallsend
Wallsend Precinct—police station
12 Tyrrell Street
Lot 1, DP 1120792
Local
I653
Wallsend
Wallsend Precinct—post office
14 Tyrrell Street
Lots 1–4, DP 724548
Local
I654
Wallsend
Wallsend Precinct—public reserve (Wallsend Rotunda Park)
18 Tyrrell Street
Lot 56, DP 1138843; Lot 7303, DP 1144098
Local
I655
Waratah
Former Hanbury Public School Group
98 Georgetown Road
Lot 58A, DP 755247; Lot 32, DP 1041572
Local
I658
Waratah
Waratah Police Station
96 Georgetown Road
Lot 180, DP 755247
Local
I657
Waratah
Mereyulah (residence)
38 High Street
Lot B, DP 380948
Local
I659
Waratah
Carclew (residence)
25 Lambton Road
Lot 2, DP 339828
Local
I660
Waratah
Catholic Centre for Deaf Education
30 Lorna Street
Lot 41, DP 1077679
Local
I661
Waratah
Braeside (residence)
37 Lorna Street
Lot 31, DP 1080585
Local
I662
Waratah
Cottage
21 Platt Street
Lot 4, DP 731746
Local
I663
Waratah
Cottage
23 Platt Street
Lot 1, DP 136538
Local
I664
Waratah
Corpus Christi Catholic Church
45A Platt Street
Lot 30, DP 1114527
Local
I665
Waratah
Waratah School of Arts
12 Station Street
Lot 252, DP 755247
Local
I666
Waratah
Town Hall Hotel
29 Station Street
Lot 11, DP 735547
Local
I667
Waratah
Cottage
92 Station Street
Lot A, DP 155095
Local
I668
Waratah
Former Waratah Post Office
22 Turton Road
Lot 1, DP 773179
Local
I669
Waratah
Waratah Technology High School
26 Turton Road
Lots 2694, 2717 and 3179, DP 755247
Local
I670
Waratah
Former Western Suburbs Hospital
149 Turton Road
Lot 3, DP 852177
Local
I671
Waratah
Remnant plantings
149 Turton Road
Lot 3, DP 852177
Local
I672
Waratah
Waratah Park and Station street palms
2A Young Street
Lots 3189–3191, DP 44990
Local
I673
Wickham
Former Wickham Town Hall and Council Chambers
18A Albert Street
Lot 3175, DP 755247
Local
I674
Wickham
Hawkins Oval
22 Albert Street
Lot 152, DP 1148251; Lot 7313, DP 1145640
Local
I675
Wickham
Hawkins Oval Memorial
22 Albert Street
Lot 7313, DP 1145640
Local
I676
Wickham
Former police lock-up
25 Albert Street
Lot 12, DP 1005516
Local
I677
Wickham
Former New Zealand Loan Co Wool Store
33 Annie Street
Lot 3, DP 346352
Local
I678
Wickham
Dalgety Warehouse
49 Annie Street
Lot 2, DP 346352
Local
I679
Wickham
Elders Warehouse
57 Annie Street
Lot 1, DP 346352
Local
I680
Wickham
Residence
15 Charles Street
Lot 1, DP 195977
Local
I681
Wickham
Wickham Railway Station
Hannell Street
Railway land
Local
I683
Wickham
Wickham Signal Box
Hannell Street
Railway land
Local
I684
Wickham
Wickham Public School
54 Hannell Street
Lot 1, DP 850430
Local
I685
Wickham
Former Infants School
64 Hannell Street
Lot 3203, DP 723289
Local
I686
Wickham
Albion Hotel
72 Hannell Street
Lot 1, DP 76135
Local
I687
Wickham
The Missions to Seamen building
96 Hannell Street
Lot 1, DP 552322
Local
I688
Wickham
The Salvation Army Men’s Hostel
116–120 Hannell Street
Lot 1, DP 217399; Lot 1, DP 90935
Local
I689
Wickham
Former School of Arts
80 Honeysuckle Drive
Lot 1, DP 1009228
Local
I690
Wickham
Lass O’Gowrie Hotel
14 Railway Street
Lot 123, DP 1090081
Local
I691
Wickham
Former Wickham and Bullock Island Railway Corridor
50 Railway Street, 8A and 8–10 Albert Street, 161 Railway Street and part of Railway and Greenway Streets
Lots 51 and 53, DP 830679; Lot 100, DP 1073974; Lot 100, DP 1185607
Local
I706
Part 2 Heritage conservation areas
Name of area
Identification on Heritage Map
Significance
Cooks Hill Heritage Conservation Area
Shown by red hatching and labelled “C1—Cooks Hill”
Local
Hamilton Business Centre Heritage Conservation Area
Shown by red hatching and labelled “C2—Hamilton Business Centre”
Local
Hamilton Residential Precinct Heritage Conservation Area
Shown by red hatching and labelled “C8—Hamilton Residential Precinct Heritage Conservation Area”
Local
Hamilton South Garden Suburb Heritage Conservation Area
Shown by red hatching and labelled “C3—Hamilton South Garden Suburb”
Local
Newcastle City Centre Heritage Conservation Area
Shown by red hatching and labelled “C4—Newcastle City Centre”
Local
Newcastle East Heritage Conservation Area
Shown by red hatching and labelled “C5—Newcastle East”
Local
The Hill Heritage Conservation Area
Shown by red hatching and labelled “C6—The Hill”
Local
Glebe Road Federation Cottages Heritage Conservation Area
Shown by red hatching and labelled “C7—Glebe Road Federation Cottages”
Local
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item no
Adamstown
Underground well
Adjacent to house at 87 Teralba Road (corner of Bala Road)
Located in council’s roadway, 500mm beneath road surface under gutter
Local
A17
Fletcher
Yutilliko Park
25 Konara Crescent
Lot 174, DP 1113792
Local
A22
Fletcher
Kauma Park
29 Threlkeld Crescent
Lot 1536, DP 1225352
Local
A21
Merewether
Remains of Glenrock Railway
Merewether Beach
 
Local
A1
Merewether
Newcastle Coke Ovens
3A Ocean Street
Lot 7021, DP 1128695
Local
A3
Merewether
Remains of smelter
Smelters Beach
Lot 9, DP 776283; Lot 1, DP 1138451
Local
A2
Minmi
Duckenfield Colliery Railway (relics)
  
Local
A14
Minmi
Garden House site
177 Woodford Street
Lot 2, DP 1029922
Local
A4
Newcastle
Cathedral Park and Cemetery
93 King Street
Lots 1 and 2, DP 36886
State
A6
Newcastle
Former Mulimbah House site
99 King Street
Lot 1, DP 76185
Local
A16
Newcastle
Convict lumber yard—stockade site (Coal River Precinct)
92 Scott Street
Part Lot 2, DP 706760; Lot 3214, DP 729000
State
A7
Newcastle East
Coal River Precinct
32, 40, 51, 72B, 74, 76, 78 and 80 Nobby’s Road
Lot 1, DP 531493; Lots 2, 10, 11 and 13, DP 720672; Lot 2953, DP 755247; Lots 1 and 2, DP 817695
State
A5
Newcastle West
Palais Royale (Government Farm archaeological site)
684 Hunter Street
Lot 11, DP 872463
Local
A8
New Lambton
Scottish Australian Mining Co (site)
1A Mahogany Drive
Lot 19, DP 555035
Local
A9
Stockton
Former locomotive ash pit
71 Clyde Street
Lot 7014, DP 1071325
Local
A11
Stockton
Prawners Slipway
Fullerton Street
 
Local
A10
Stockton
The Ballast Ground (place)
Fullerton Street and Wharf Crescent
 
Local
A13
Stockton
Stockton Bight Landscape including Fort Wallace
338 Fullerton Street
Lots 100 and 101, DP 1152115
Local
A23
Stockton
Boat Harbour (place)
Hunter Street
 
Local
A15
Stockton
Wreck of Adolphe
Pitt Street
Off Breakwater
Local
A12
Tarro
Tarro Historic Site (original township of what was formerly known as Upper Hexham)
Adjacent to 16 Anderson Drive
 
Local
A18
Wallsend
Old Wallsend Cemetery Park
25 Newcastle Road
Lots 17 and 18, DP 1193938
Local
A19
Wickham
R A Ritchie & Sons and Hudson Bros Engineering (former industrial site)
20 Greenway Street
SP 31620
Local
A20
sch 5: Am 2014 (97), Sch 2.1 [1] [2]; 2016 No 27, Sch 2.28; 2016 (433), Sch 1 [1]–[10]; 2016 (607), cl 4; 2017 (569), Sch 1 [1]–[7]; 2018 (586), cl 4 (1) (2); 2018 (587), cl 4 (2) (3); 2018 (634), Sch 1; 2019 (12), cl 5; 2019 (272), cl 5; 2019 (338), cl 5; 2019 (458), Sch 1 [1] [2]; 2019 (548), cl 5; 2019 (549), cl 5; 2020 (461), cl 5; 2021 (68), cl 5(2); 2021 (125), cl 5(2).
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11   Culture water
Must use freshwater.
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Acid Sulfate Soils Map means the Newcastle Local Environmental Plan 2012 Acid Sulfate Soils Map.
Additional Permitted Uses Map means the Newcastle Local Environmental Plan 2012 Additional Permitted Uses Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a)  a retail area for the sale of the products,
(b)  a restaurant or cafe,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building that—
(a)  is wholly or partly let in lodgings, and
(b)  provides lodgers with a principal place of residence for 3 months or more, and
(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,
but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.
canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—
(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—
(i)  dwellings that are permitted on rural land, and
(ii)  dwellings that are used for caretaker or staff purposes, or
(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
commercial premises means any of the following—
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place—
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5(1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Newcastle City Council.
crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house means a building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
Note—
See clause 5.4 for controls relating to the number of bedrooms.
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Newcastle Local Environmental Plan 2012 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Newcastle Local Environmental Plan 2012 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Newcastle Local Environmental Plan 2012 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
Key Sites Map means the Newcastle Local Environmental Plan 2012 Key Sites Map.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Newcastle Local Environmental Plan 2012 Land Application Map.
Land Reservation Acquisition Map means the Newcastle Local Environmental Plan 2012 Land Reservation Acquisition Map.
Land Zoning Map means the Newcastle Local Environmental Plan 2012 Land Zoning Map.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Note—
Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.
Lot Size Map means the Newcastle Local Environmental Plan 2012 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
Newcastle City Centre means the land identified as “Newcastle City Centre” on the Newcastle City Centre Map.
Newcastle City Centre Map means the Newcastle Local Environmental Plan 2012 Newcastle City Centre Map.
Newcastle Development Control Plan 2012 means Newcastle Development Control Plan 2012 adopted by the Council, as in force at the commencement of this Plan.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—
(a)  attached dwellings,
(b)  boarding houses,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes—
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—
(a)    (Repealed)
(b)  cellar door premises,
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
secondary dwelling means a self-contained dwelling that—
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clause 5.4 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—
(a)  a residential care facility, or
(c)  a group of self-contained dwellings, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for—
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above ground floor retail premises or business premises.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include—
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
urban release area means the area of land identified as “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Newcastle Local Environmental Plan 2012 Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2013 (76), Sch 2 [3]; 2014 (289), Sch 1 [2]; 2014 No 88, Sch 2.45.