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 NSW Planning Portal. 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
(1) 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.(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[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 ZonesR2 Low Density ResidentialR3 Medium Density ResidentialR4 High Density ResidentialEmployment ZonesE1 Local CentreE2 Commercial CentreE3 Productivity SupportE4 General IndustrialE5 Heavy IndustrialMixed Use ZonesMU1 Mixed UseSpecial Purpose ZonesSP1 Special ActivitiesSP2 InfrastructureSP3 TouristRecreation ZonesRE1 Public RecreationRE2 Private RecreationConservation ZonesC1 National Parks and Nature ReservesC2 Environmental ConservationC3 Environmental ManagementC4 Environmental LivingWaterway ZonesW2 Recreational Waterwayscl 2.1: Am 2018 (149), Sch 1 [1]; 2022 (830), Sch 1.17[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—1Schedule 1 sets out additional permitted uses for particular land.2Schedule 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.3Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).4Clause 2.6 requires consent for subdivision of land.5Part 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, orin accordance with the conditions (if any) specified in that Schedule in relation to that development.(b) if the Schedule so provides—without development consent,(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—1If 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.2Part 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).
2.9 Canal estate development prohibited
(1) Canal estate development is prohibited on land to which this Plan applies.(2) In this Plan, canal estate development means development that involves—(a) a constructed canal, or other waterway or waterbody, that—(i) is inundated by surface water or groundwater movement, or(ii) drains to a waterway or waterbody by surface water or groundwater movement, and(b) the erection of a dwelling, and(c) one or both of the following—(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,(ii) excavation to create a waterway.(3) Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and(b) limited to the minimum reasonable size and capacity.(4) In this clause—flood planning area has the same meaning as in clause 5.21.
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including 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); 2022 (830), Sch 1.17[2].
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 consentEnvironmental protection works; Home occupations3 Permitted with consentCentre-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 accommodation4 ProhibitedBackpackers’ 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 consentEnvironmental protection works; Home occupations3 Permitted with consentAttached 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 accommodation4 ProhibitedAny 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 consentEnvironmental protection works; Home occupations3 Permitted with consentAttached 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 accommodation4 ProhibitedTank-based aquaculture; Any other development not specified in item 2 or 3
Zone E1 Local Centre
1 Objectives of zone• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.• To encourage investment in local commercial development that generates employment opportunities and economic growth.• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.• To maintain the hierarchy of commercial centres throughout the City of Newcastle, ensuring the scale of development is appropriate with the surrounding area and does not prejudice the viability of the Newcastle City Centre or other centres.• To provide development that maintains an active street frontage that positively contributes to the safety and vibrancy of the pedestrian environment.2 Permitted without consentEnvironmental protection works; Home occupations3 Permitted with consentAmusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Function centres; Home businesses; Home-based child care; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; 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; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repairs stations; Veterinary hospitals; Water recreation structures4 ProhibitedAny development not specified in item 2 or 3
Zone E2 Commercial Centre
1 Objectives of zone• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.• To encourage investment in commercial development that generates employment opportunities and economic growth.• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.• To provide for commercial floor space within 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 consentEnvironmental protection works; Home occupations3 Permitted with consentAmusement centres; Artisan food and drink industries; Backpackers’ accommodation; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; High technology industries; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); 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; Vehicle repair stations; Veterinary hospitals4 ProhibitedAny development not specified in item 2 or 3
Zone E3 Productivity Support
1 Objectives of zone• To provide a range of facilities and services, light industries, warehouses and offices.• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.• To provide opportunities for new and emerging light industries.• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.2 Permitted without consentEnvironmental protection works3 Permitted with consentAmusement centres; Animal boarding or training establishments; Boat building and repair facilities; Business premises; Car parks; Centre-based child care facilities; Community facilities; Correctional centres; Crematoria; Depots; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Restricted premises; Roads; Rural supplies; Service stations; Sex services premises; Signage; Small bars; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies4 ProhibitedAny development not specified in item 2 or 3
Zone E4 General Industrial
1 Objectives of zone• To provide a range of industrial, warehouse, logistics and related land uses.• To ensure the efficient and viable use of land for industrial uses.• To minimise any adverse effect of industry on other land uses.• To encourage employment opportunities.• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.• To support and protect industrial land for industrial uses.• To ensure non-industrial land uses do not prejudice the viability of industrial land or other centres.2 Permitted without consentEnvironmental protection works3 Permitted with consentBoat building and repair facilities; Boat launching ramps; Car parks; Correctional centres; Crematoria; Depots; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Helipads; Heliports; Industrial retail outlets; Industrial training facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Respite day care centres; Restricted premises; Roads; Service stations; Sewerage systems; 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; Water supply systems; Wholesale supplies4 ProhibitedAny development not specified in item 2 or 3
Zone E5 Heavy Industrial
1 Objectives of zone• To provide areas for industries that need to be separated from other land uses.• To ensure the efficient and viable use of land for industrial uses.• To minimise any adverse effect of industry on other land uses.• To encourage employment opportunities.• To support and protect industrial land for industrial uses.2 Permitted without consentEnvironmental protection works3 Permitted with consentBoat building and repair facilities; Boat launching ramps; Car parks; Data centres; Depots; Extractive industries; Flood mitigation works; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial training facilities; Jetties; Kiosks; Moorings; Offensive storage establishments; Oyster aquaculture; Pond-based aquaculture; Port facilities; Roads; Service stations; Sewerage systems; 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 supplies4 ProhibitedAny development not specified in item 2 or 3
Zone MU1 Mixed Use
1 Objectives of zone• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.• To minimise conflict between land uses within this zone and land uses within adjoining zones.• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.• To support nearby or adjacent commercial centres without adversely impacting on the viability of those centres.2 Permitted without consentEnvironmental protection works; Home occupations3 Permitted with consentAmusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 44 ProhibitedAgriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Open cut mining; Resource recovery facilities; Rural industries; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water supply systems
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 consentRoads3 Permitted with consentAquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny 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 consentRoads3 Permitted with consentAquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose4 ProhibitedAny 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 consentEnvironmental protection works3 Permitted with consentAmusement 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 accommodation4 ProhibitedAny 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 consentEnvironmental facilities; Environmental protection works3 Permitted with consentAquaculture; 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 structures4 ProhibitedAny 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 consentEnvironmental facilities; Environmental protection works; Home occupations3 Permitted with consentAmusement 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 structures4 ProhibitedPubs; Any other development not specified in item 2 or 3
Zone C1 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 consentUses authorised under the National Parks and Wildlife Act 19743 Permitted with consentNil4 ProhibitedAny development not specified in item 2 or 3
Zone C2 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 consentEnvironmental protection works; Home occupations3 Permitted with consentAgriculture; Dwelling houses; Environmental facilities; Farm buildings; Flood mitigation works; Oyster aquaculture Recreation areas; Roads4 ProhibitedAnimal boarding or training establishments; Business premises; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Intensive plant agriculture; Local distribution premises; 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 C3 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 consentEnvironmental protection works; Home occupations3 Permitted with consentAgriculture; 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 structures4 ProhibitedIndustries; Intensive livestock agriculture; Intensive plant agriculture; Local distribution premises; 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 C4 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 consentEnvironmental protection works; Home occupations3 Permitted with consentAgriculture; 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 aquaculture4 ProhibitedIndustries; Intensive livestock agriculture; Local distribution premises; 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 consentEnvironmental protection works3 Permitted with consentAquaculture; 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 structures4 ProhibitedIndustries; Local distribution premises; 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—See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.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, andis complying development.(b) the requirements of this Part,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 C4 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 2021.(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).cl 4.1: Am 2022 (830), Sch 1.17[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 2021 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 El Local Centre,(e) Zone E2 Commercial Centre,(f) Zone E3 Productivity Support,(g) Zone E4 General Industrial,(h) Zone E5 Heavy Industrial,(i) Zone MU1 Mixed Use,(j) Zone C2 Environmental Conservation,(k) Zone C3 Environmental Management,(ka), (kb) (Repealed)but does not apply to a subdivision by the registration of a strata plan.(l) Zone C4 Environmental Living.(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 2021) 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]; 2022 (830), Sch 1.17[4].
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 El Local Centre,(d) Zone MU1 Mixed Use.(e) (Repealed)(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; 2022 (830), Sch 1.17[5].
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, employment or mixed use zone, and(b) land in Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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, employment or mixed use 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 C2 Environmental Conservation, Zone C3 Environmental Management or C4 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]. Am 2022 (830), Sch 1.17[6] [7].
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.cl 4.3: Am 2023 (703), Sch 1[1].
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), andthe 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.(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,(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 to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.Note—The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).(4) The consent authority must keep a record of its assessment carried out under subclause (3).(5) (Repealed)(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 C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 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) (Repealed)(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,(caa) clause 5.5,(ca) clause 7.9, clause 7.9A or clause 8.2.cl 4.6: Am 2013 (76), Sch 2 [1]; 2023 (554), Sch 2.21[1]; 2023 (703), Sch 1[2].
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 C1 National Parks and Nature Reserves and marked “National Park” Minister administering the National Parks and Wildlife Act 1974 Zone C2 Environmental Conservation and marked “Classified road” Transport for NSW Zone C3 Environmental Management and marked “Classified road” Transport for NSW Zone C4 Environmental Living and marked “Classified road” Transport for NSW Zone E5 Heavy Industrial and marked “Classified road” Transport for NSW Zone E1 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 E1 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; 2022 (830), Sch 1.17[7]–[9].
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 E1 Local Centre and marked “Classified road” Roads Zone E1 Local Centre and marked “Car park” Car parks Zone E5 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 C2 Environmental Conservation and marked “Classified road” Roads Zone C3 Environmental Management and marked “Classified road” Roads Zone C4 Environmental Living and marked “Classified road” Roads Zone W2 Recreational Waterways and marked “Classified road” Roadscl 5.1A: Am 2013 (539), Sch 1 [2]; 2022 (830), Sch 1.17[7]–[9].
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 C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or(ab) Zone C4 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.cl 5.3: Am 2022 (830), Sch 1.17[7].
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, orwhichever is the lesser.(b) 400 square metres,(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 in buildings.(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 Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a 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, orwhichever is the lesser.(b) 400 square metres,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) Zone E1 Local Centre,(e) Zone E3 Productivity Support,(f) Zone E4 General Industrial,(g) Zone E5 Heavy Industrial,(h) Zone MU1 Mixed Use,(i) Zone RE2 Private Recreation,(j) Zone C2 Environmental Conservation,(k) Zone C3 Environmental Management,(l) Zone C4 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. Am 2022 (830), Sch 1.17[10].
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, orrequire 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.(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),(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 (Transport and Infrastructure) 2021, Chapter 2.(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 conservation 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) for a poultry farm used for breeding poultry—within 5km of another poultry farm, or(vi) for a poultry farm not used for breeding poultry—(A) within 5km of a poultry farm used for breeding poultry, or(B) within 1km of a poultry farm not used for breeding poultry, or(vii) for a pig farm—within 3km of another pig 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 E3 Productivity Support, Zone MU1 Mixed Use, Zone C3 Environmental Management or Zone C4 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 in 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 E1 Local Centre, Zone E2 Commercial Centre, Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and(ii) pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and(iii) tank-based aquaculture in 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 C3 Environmental Management or Zone C4 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.
5.21 Flood planning
(1) The objectives of this clause are as follows—(a) to minimise the flood risk to life and property associated with the use of land,(b) to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,(c) to avoid adverse or cumulative impacts on flood behaviour and the environment,(d) to enable the safe occupation and efficient evacuation of people in the event of a flood.(2) Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—(a) is compatible with the flood function and behaviour on the land, and(b) will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and(c) will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and(d) incorporates appropriate measures to manage risk to life in the event of a flood, and(e) will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.(3) In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—(a) the impact of the development on projected changes to flood behaviour as a result of climate change,(b) the intended design and scale of buildings resulting from the development,(c) whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,(d) the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.(4) A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.(5) In this clause—Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.flood planning area has the same meaning as it has in the Flood Risk Management Manual.Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
5.22 Special flood considerations
(1) The objectives of this clause are as follows—(a) to enable the safe occupation and evacuation of people subject to flooding,(b) to ensure development on land is compatible with the land’s flood behaviour in the event of a flood,(c) to avoid adverse or cumulative impacts on flood behaviour,(d) to protect the operational capacity of emergency response facilities and critical infrastructure during flood events,(e) to avoid adverse effects of hazardous development on the environment during flood events.(2) This clause applies to—(a) for sensitive and hazardous development—land between the flood planning area and the probable maximum flood, and(b) for development that is not sensitive and hazardous development—land the consent authority considers to be land that, in the event of a flood, may—(i) cause a particular risk to life, and(ii) require the evacuation of people or other safety considerations.(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered whether the development—(a) will affect the safe occupation and efficient evacuation of people in the event of a flood, and(b) incorporates appropriate measures to manage risk to life in the event of a flood, and(c) will adversely affect the environment in the event of a flood.(4) A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.(5) In this clause—Considering Flooding in Land Use Planning Guideline—see clause 5.21(5).flood planning area—see clause 5.21(5).Flood Risk Management Manual—see clause 5.21(5).probable maximum flood has the same meaning as in the Flood Risk Management Manual.sensitive and hazardous development means development for the following purposes—(a) boarding houses,(b) caravan parks,(c) correctional centres,(d) early education and care facilities,(e) eco-tourist facilities,(f) educational establishments,(g) emergency services facilities,(h) group homes,(i) hazardous industries,(j) hazardous storage establishments,(k) hospitals,(l) hostels,(m) information and education facilities,(n) respite day care centres,(o) seniors housing,(p) sewerage systems,(q) tourist and visitor accommodation,(r) water supply systems.cl 5.22: Subst 2023 (609), Sch 1.1[2].
5.23 Public bushland
[Not adopted]
5.24 Farm stay accommodation
[Not adopted]
5.25 Farm gate premises
[Not adopted]
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 strata subdivision of a building that is or has been used for serviced apartments unless the consent authority has considered the following in relation to the development—(a) the design principles for residential apartment development within the meaning of State Environmental Planning Policy (Housing) 2021,(b) 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 or State Environmental Planning Policy (Housing) 2021, Chapter 4 has ever applied.cl 6.3: Am 2015 (316), Sch 2.9 [1] [2]; 2023 (664), Sch 3.9[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 Development in local centres
(1) The objectives of this clause are as follows—(a) to ensure the scale and function of development in local centres are appropriate for the location,(b) to ensure development in local centres is compatible with the desired future character and amenity of surrounding residential areas.(2) This clause applies to land identified as “Area C” on the Land Zoning Map.(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered—(a) the impact of the development on—(i) the amenity of surrounding residential areas, and(ii) the desired future character of the local centre, and(b) whether the development is consistent with the hierarchy of centres.cl 6.8: Ins 2020 (585), Sch 1. Am 2020 (787), Sch 1[1]–[8]; 2021 (154), cl 4(1)–(4). Rep 2012 (255), cl 6.8(4). Ins 2022 (830), Sch 1.17[11].
6.9 Development for the purposes of service stations
Development consent must not be granted to development for the purposes of service stations if the only access to the service station is from a local road.cl 6.9: Ins 2022 (830), Sch 1.17[11].
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 E2 Commercial Centre 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.cl 7.3: Am 2022 (830), Sch 1.17[12].
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 a competitive design process has been held in relation to the proposed development—(a) development for which a competitive design process 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 an estimated development cost 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—(a) the consent authority certifies in writing that a competitive design process is not required, and(b) a design review panel reviews the development, and(c) the consent authority takes into account the advice of the design review panel.(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.(6A) This clause does not apply to development to which clause 7.9 or 7.9A applies.(7) In this clause—competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.design review panel means a panel of at least 2 persons established by the consent authority.estimated development cost has the same meaning as in the Environmental Planning and Assessment Regulation 2021.cl 7.5: Am 2014 (483), Sch 1 [5]; 2023 (523), Sch 1.6[1] [2]; 2023 (698), Sch 1.5[1]–[3]; 2023 (703), Sch 1[3].
7.6 Active street frontages in Zone E2
(1) The objective of this clause is to promote uses that attract pedestrian traffic along street frontages in Zone E2 Commercial Centre.(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 E2 Commercial Centre 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.cl 7.6: Am 2022 (830), Sch 1.17[13] [14].
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 Additional building height for certain land in Wickham
(1) This clause applies to development on land identified as “Area A”, “Area B”, “Area C”, “Area D” or “Area E” on the Height of Buildings Map.(2) The objectives of this clause are as follows—(a) to allow greater building heights in Wickham where community infrastructure is also provided,(b) to ensure the greater heights reflect the desired character of the localities in which they are allowed and minimise adverse impacts on the amenity of those localities,(c) to provide for an intensity of development that is commensurate with the capacity of existing and planned infrastructure.(3) A building on land in “Area A” may have a building height of up to—(a) 35m if—(i) the maximum permissible HOB for the land is 24m, and(ii) the site area is at least 2,000m2 but less than 2,500m2, or(b) 45m if—(i) the maximum permissible HOB for the land is 24m, and(ii) the site area is at least 2,500m2.(4) A building on land in “Area B” may have a building height of up to—(a) 14m if—(i) the maximum permissible HOB for the land is 10m, and(ii) the site area is at least 1,000m2 but less than 1,500m2, or(b) 24m if—(i) the maximum permissible HOB for the land is 10m or 14m, and(ii) the site area is at least 1,500m2 but less than 2,000m2, or(c) 35m if—(i) the maximum permissible HOB for the land is 10m, 14m, or 24m, and(ii) the site area is at least 2,000m2.(5) A building on land in “Area C” may have a building height of up to 14m if—(a) the maximum permissible HOB for the land is 10m, and(b) the site area is at least 1,000m2.(6) A building on land in “Area D” may have a building height of up to—(a) 14m if—(i) the maximum permissible HOB for the land is 10m, and(ii) the site area is at least 1,000m2 but less than 2,000m2, or(b) 24m if—(i) the maximum permissible HOB for the land is 10m, and(ii) the site area is at least 2,000m2.(7) A building on land in “Area E” may have a building height of up to 60m if—(a) the maximum permissible HOB for the land is 45m, and(b) the site area is at least 1,000m2.(8) Subclauses (3)–(7) do not apply unless the consent authority is satisfied—(a) the development includes community infrastructure that is reasonably necessary in Wickham, and(b) the development is consistent with the objectives of this clause.(9) In this clause—community infrastructure means development for the purposes of community facilities, recreation areas, recreation facilities (indoor), recreation facilities (outdoor), public roads or drainage.maximum permissible HOB for a building on land means the maximum height of buildings shown for the land on the Height of Buildings Map.cl 7.9: Am 2014 (483), Sch 1 [7]. Subst 2023 (703), Sch 1[4].
7.9A Additional floor space ratio for certain land in Wickham
(1) This clause applies to development on land identified as “Area B”, “Area C”, “Area D” or “Area E” on the Floor Space Ratio Map.(2) The objectives of this clause are as follows—(a) to allow greater building densities in Wickham where community infrastructure is also provided,(b) to ensure the greater building densities reflect the desired character of the localities in which they are allowed and minimise adverse impacts on the amenity of those localities,(c) to provide for an intensity of development that is commensurate with the capacity of existing and planned infrastructure.(3) A building on land in “Area B” may have a floor space ratio of up to—(a) 2:1 if—(i) the maximum permissible FSR for the land is 1.5:1, and(ii) the site area is at least 1,500m2 but less than 2,000m2, or(b) 2.5:1 if—(i) the maximum permissible FSR for the land is 1.5:1, and(ii) the site area is at least 2,000m2.(4) A building on land in “Area C” may have a floor space ratio of up to 2:1 if—(a) the maximum permissible FSR for the land is 1.5:1, and(b) the site area is at least 1,000m2.(5) A building on land in “Area D” may have a floor space ratio of up to—(a) 2:1 if—(i) the maximum permissible FSR for the land is 1.5:1, and(ii) the site area is at least 1,000m2, or(b) 3:1 if—(i) the maximum permissible FSR for the land is 1:5:1, and(ii) the site area is at least 2,000m2.(6) A building on land in “Area E” may have a floor space ratio of up to 7:1 if—(a) the maximum permissible FSR for the land is 6:1, and(b) the site area is at least 1,000m2.(7) Subclauses (3)–(6) do not apply unless the consent authority is satisfied—(a) the development includes community infrastructure that is reasonably necessary in Wickham, and(b) the development is consistent with the objectives of this clause.(8) In this clause—community infrastructure has the same meaning as in clause 7.9.maximum permissible FSR, for a building on land, means the maximum floor space ratio shown for the land on the Floor Space Ratio Map.cl 7.9A: Ins 2023 (703), Sch 1[4].
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
(1) 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.(2) This clause does not apply to development to which clause 7.9A applies.cl 7.10A: Ins 2014 (483), Sch 1 [8]. Am 2023 (703), Sch 1[5].
Part 8 Additional local provisions—urban release areas
pt 8: Ins 2013 (76), Sch 2 [2].
8.1 (Repealed)
cl 8.1: Ins 2013 (76), Sch 2 [2]. Am 2019 (621), Sch 1.10. Rep 2023 (554), Sch 2.21[2].
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.
7 Use of certain land in Zone E1
(1) This clause applies to land identified as “Area 2” on the Land Zoning Map.(2) Development for the purpose of a hostel 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; 2022 (830), Sch 1.17[15].
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 E2 or MU1 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; 2022 (830), Sch 1.17[16].
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 Railway 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 | Local | 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 | Australian Agricultural Company Mine Manager’s 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 | Local | 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 | Local | I291 |
Mayfield West | Substation | 2C Maud Street | Lot 101, DP 1045169 | Local | I292 |
Mayfield West | Remnant Garden | 2 and 4 Murray Dwyer Circuit | Lots 103 and 104, 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 Height | Remnant garden—Croudace House | 14, 20 and 38 Lookout Road | Lot 2, DP 1228246; SP 60845; Lot 1, DP 1240695 | Local | I357 |
New Lambton Heights | Croudace House | 20 Lookout Road | SP 60845 | Local | I358 |
New Lambton Heights | Rankin Park Hospital | 38 Lookout Road | Lot 2, DP 1228246 | Local | I356 |
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 (Bolton Street Car Park Facade & Side Wall) | 50 Bolton Street | Part of Lot 1, DP 601267 | State | I369 |
Newcastle | Toll Cottage (formerly Rose Cottage) | 51 Bolton Street | Part of Lot 394, DP 747410 | State | I370 |
Newcastle | Former Newcastle East Public School (Newcastle Annexe) | 58 Bolton Street | Lot 1, DP 709455 | State | I371 |
Newcastle | 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 | Enterprise Park and former Coutt’s Sailors Home | 16 Bond Street, 88 and 104 Scott Street | Lots 1 and 3 DP 1156117; part of Lot 1, DP 706760 | State | I450 |
Newcastle | Macquarie House (Church and Watt Street Terrace Group) | 8 Church Street | Lot 10, DP 24188 | State | I374 |
Newcastle | Former Newcastle Court House | 9 Church Street | Part of Lot 7002, DP 1077042 | State | I375 |
Newcastle | Buchanan Terraces and footpath (Church and Watt Street Terrace Group) | 10, 12, 14, 16, 18, 20, 22, 24, 26, 28 and 30 Church Street | Lots 1–9, DP 24188; Lots A and B, DP 420090 | State | I376 |
Newcastle | Grand Hotel (Church and Watt Street Terrace Group) | 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 | Local | I389 |
Newcastle | No 2 Lee Wharf Building C | 13 Honeysuckle Drive | Lots 31 and 32, DP 1136586 | Local | 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 | Former Newcastle Post Office | 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 and 280A Hunter Street | Lot 8, DP 1251435; Lot 1, DP 1226551 | Local | I415 |
Newcastle | Former tramway substation | 342 Hunter Street | SP 21188 | Local | I416 |
Newcastle | Frederick Ash Building | 357 Hunter Street | Lot 2, DP 1010675 | State | I417 |
Newcastle | Civic Theatre (Newcastle City Hall and Civic Theatre Group) | 373 Hunter Street | Part of Lot 1, DP 225689 | State | I418 |
Newcastle | Former Civic Railway Station | 430 and 430A Hunter Street | Lots 71 and 72 DP 1257089 | 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; Lot 8, DP 150031; Lots 2–4, DP 1237349 | Local | I430 |
Newcastle | Church Walk Park | 203 King Street | Lot 27, DP 150538 | Local | I431 |
Newcastle | Newcastle City Hall and lamp posts (Newcastle City Hall and Civic Theatre Group) | 290 King Street | Part of Lot 1, DP 225689 | State | I433 |
Newcastle | Christie Place including fountain (Newcastle City Hall and Civic Theatre Group) | 292 King Street | Part of 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 (Royal Newcastle Hospital—The Club Building) | 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 | Part of Lots 12 and 13, DP 1251435; part of Lot 5, DP 1226551 | State | I455 |
Newcastle | Newcastle Railway Station (additional group) | 110, 110A, 130, 150 and 150A Scott Street and 155 Wharf Road | Part of Lots 12 and 13, DP 1251435; part of Lots 3 and 5, DP 1226551; part of Lots 10 and 11, DP 1251435 | State | I705 |
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 | 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 | Watt Street terraces (Church and Watt Street Terrace Group) | 50, 52, 54, 56, 58, 60 and 62 Watt Street | Lots 12–18, DP 24188 | State | I465 |
Newcastle | United Services Club | 55 Watt Street | Lot 2, DP 609103 | Local | I468 |
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 (Fanny’s Tavern, Australian Agricultural Company Headquarters) | 311 Wharf Road | Lot 190, DP 541370 | State | I476 |
Newcastle | Retaining walls with sandstone steps | Wolfe Street and King Street | Local | I477 | |
Newcastle | Segenhoe Flats | 50 Wolfe Street | SP 19837 | State | 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 | Local | 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 103, DP 1191992 | 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 | Dairy Farmers Building | 924 Hunter Street | Lot 2, DP 445736 | Local | I505 |
Newcastle West | Miss Porter’s House | 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 | Local | 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 | Newcastle Recreation Reserve, including the following— (a) Arcadia Park, (b) cliffside above South Newcastle Beach—Aboriginal name Yi-ran-na-li, (c) King Edward Park, including the public reserve, drinking fountain and rotunda, (d) the Obelisk Tennis Courts, (e) Bogey Hole Public Baths, (f) Obelisk Park, including the Obelisk navigational marker, (g) Shepherds Hill Defence Group Military Installations, including Gunner’s Cottage, Observation Post and Gun Emplacement—Aboriginal name Khanterin | 1A, 3 and 5A Ordnance Street and 41 The Terrace | Lots 7003 and 7004, DP 1077043; Lot 1238, DP 1096744; Lot 3116, DP 755247; part of the cliff face above South Newcastle Beach from the top of the cliff face at the eastern border of Lot 7059, DP 1116454 to the foot of the cliff face at the western kerb of Shortland Esplanade | State | I580 |
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 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 or Stockade Site | 92 Scott Street | Part of Lot 1, DP 123946; part of Lot 1, DP 533984; Lot 2 and part of Lot 1, DP 706760; Lot 4 and part of Lots 1–3, DP 1156117 | 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); 2021 (609), Sch 1[1] [2]; 2022 (765), Sch 1[1] [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—
(aaa) agritourism,
(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.
agritourism means the following—
(a) farm gate premises,
(b) farm experience premises.
Note—
Agritourism is a type of agriculture—see the definition of that term in this Dictionary.
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) 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,
(c) facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in certain 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 or place—but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(a) that provides residents with a principal place of residence for at least 3 months, and
(b) that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c) that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d) used to provide affordable housing, and
(e) if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
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—including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
(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,
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—whichever distance is the shortest.
(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,
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—but does not include construction of a track, trail or road.
(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,
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—but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
(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,
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—and includes funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, 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.
(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,
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, with access to communal amenities, used for the short term placement of campervans, tents, annexes or other similar portable and lightweight temporary shelters for accommodation and includes a primitive camping ground but does not include—
(a) a caravan park, or
(b) farm stay accommodation.
canal estate development—see clause 2.9.
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 an area of land, with access to communal amenities, used for the installation or placement of caravans, or caravans and other moveable dwellings, but does not include farm stay accommodation.
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 farm gate 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—but does not include—
(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.
(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.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
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 (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water identified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
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.
co-living housing means a building or place that—but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
(a) has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b) provides occupants with a principal place of residence for at least 3 months, and
(c) has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
commercial farm means a farm on which agriculture is undertaken that is—
(a) on land categorised as farmland under the Local Government Act 1993, section 515, or
(b) a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that—(i) was a primary production business, and(ii) has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bush fire.
commercial premises means any of the following—
(a) business premises,
(b) office premises,
(c) retail premises.
community facility means a building or place—but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
(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,
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
(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,
Council means the Newcastle City Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place 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.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—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.
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—It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
(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.
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—but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
(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,
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 experience premises means a building or place—
(a) on a commercial farm, and
(b) ancillary to the farm, and
(c) used to provide visitors to the farm, on a commercial basis, with small-scale and low-impact tourist or recreational activities, including the following, but not including motor sports—(i) horse riding,(ii) farm tours,(iii) functions or conferences,(iv) farm field days.
Note—
Farm experience premises are a type of agritourism—see the definition of that term in this Dictionary.
farm gate premises—
(a) means a building or place—(i) on a commercial farm, and(ii) ancillary to the farm, and(iii) used to provide visitors to the farm, on a commercial basis, with agricultural products predominantly from the farm, supplemented by products from other farms in the region, or with services or activities related to the products, including the following—(A) processing, packaging and sale of the products, but not the processing of animals,(B) 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,(C) tastings or workshops,(D) the provision of information or education related to the products, and
(b) includes cellar door premises.
Note—
Farm gate premises are a type of agritourism—see the definition of that term in this Dictionary.
farm stay accommodation means a building or place—
(a) on a commercial farm, and
(b) ancillary to the farm, and
(c) used to provide temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings.
Note—
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.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—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—but excludes—
(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,
(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—but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
(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,
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—but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
(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,
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—It may also involve the use of a hazardous storage establishment or offensive storage establishment.
(a) hazardous industry, or
(b) offensive industry.
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—and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage conservation area, and
(b) the location and nature of which is described in Schedule 5,
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—and includes a data centre, 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.
(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,
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 1—
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).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
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—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(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,
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—but does not include bed and breakfast accommodation or sex services premises.
(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,
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—but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
(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,
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—but does not include a home business or sex services premises.
(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,
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)<