Newcastle City Centre Local Environmental Plan 2008 (NSW)
This Plan is Newcastle City Centre Local Environmental Plan 2008.
This Plan aims to make local environmental planning provisions for land in the Newcastle city centre that are generally in accordance with the relevant standard environmental planning instrument (as in force on 31 December 2007) under section 33A of the Act.
The particular aims of this Plan are as follows:
(a) to promote the economic revitalisation of the Newcastle city centre,
(b) to strengthen the regional position of the 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 the Newcastle city centre, and the quality of life of its local population,
(d) to promote the employment, residential, recreational and tourism opportunities within the 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 the 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 the 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 the Newcastle city centre is safe, attractive, inclusive and efficient for its local population and visitors alike.
This Plan applies to the land identified on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
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 Minister 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 Minister when the instruments are made.
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.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Part, a map may be in, and may be kept and made available in, electronic or paper form, or both.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
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.
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 is to be determined as if this Plan had been exhibited but not commenced.
For the purpose of enabling development on land within 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.
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 prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, 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.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1)–(3).
This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.
Section 36 of the Act generally provides that SEPPs prevail over REPs and LEPs and that REPs prevail over LEPs. However, a LEP may (by an additional provision included in the Plan) displace or amend a SEPP or REP to deal specifically with the relationship between this Plan and the SEPP or REP.
The following State environmental planning policies and regional environmental plans (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development(clause 6)
• State Environmental Planning Policy No 9—Group Homes
• State Environmental Planning Policy No 60—Exempt and Complying Development
• State Environmental Planning Policy No 71—Coastal Protection
• Hunter Regional Environmental Plan 1989
The land use zones under this Plan are as follows:
• Residential Zones • R3 Medium Density Residential
• Business Zones • B3 Commercial Core
• B4 Mixed Use
• Special Purpose Zones • SP2 Infrastructure
• Recreation Zones • RE1 Public Recreation
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The 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 consent, and
(c) development that may be carried out only with consent, and
(d) development that is prohibited.
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.
In the 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 Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 16 requires consent for subdivision of land.
5 Part 5 contains other provisions which require consent for particular development. (See, for example, clause 46.)
Development may be carried out on unzoned land only with consent.
Before granting 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.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or any other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e) rectifying an encroachment on a lot,
(f) creating a public reserve,
(g) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
Despite any other provision of this Plan, but subject to subclauses (2) and (3), consent may be granted for the use of land for any purpose (including, but not limited to, an exhibition, concert, fair, sporting event, fete or market) if the consent authority is satisfied that:
(a) the use of the land for the purpose specified will cease within a specified period of time, and
(b) suitable arrangements have been or will be made for the removal of any waste or any temporary structures associated with the temporary use and for the restoration of the land at the cessation of the temporary use, and
(c) the temporary use is reasonable, having regard to the nature of the temporary use and the economic use of the land pending its development otherwise in accordance with this Plan (other than this clause), and
(d) the temporary use will not adversely affect the economic viability of any commercial use within the vicinity, and
(e) the temporary use will not have an unreasonable impact on residential amenity within the locality, and
(f) the temporary use will not, in the long term, have an impact on the carrying out of development in accordance with the objectives of the zone, and
(g) the temporary use will not be inconsistent with any development consent applying to the land or with any applicable plan of management under the Local Government Act 1993 or Crown Lands Act 1989.
Development consent may be granted for the temporary use of land (or a building on land) for not more than 52 days, whether consecutive or not, in any one year.
Development consent may be granted for a temporary use over a period of not more than 3 consecutive years.
• To provide for the housing needs of the community within a medium density residential environment.
• To provide for 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:
• the scale and height of proposed buildings is compatible with the character of the locality, and
• traffic generation can be managed in a way that avoids adverse impacts on the local road system, and
• there will be no significant adverse impact on the amenity of any existing or proposed development nearby.
• To encourage increased population levels in locations that will support the commercial viability of the Newcastle city centre provided that the associated new development:
• has regard to the desired future character of residential streets, and
• does not significantly detract from the amenity of any existing or proposed development nearby.
Nil
Bed and breakfast accommodation; Boarding houses; Car parks (but only public car parks provided by or on behalf of the Council); Child care centres; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Environmental facilities; Food and drink premises; Group homes; Health consulting rooms; Home businesses; Hospitals; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Public administration buildings; Recreation areas; Residential care facilities; Residential flat buildings; Roads; Seniors housing; Shop top housing; Tourist and visitor accommodation; Utility installations.
Any development not specified in item 2 or 3.
• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
• To encourage appropriate employment opportunities in accessible locations.
• To maximise public transport patronage and encourage walking and cycling.
• To strengthen the role of the Newcastle city centre as the regional business, retail and cultural centre of the Hunter region.
• To provide for land uses of a higher order and density within the Commercial Core zone than those located within the Mixed Use zone.
• To encourage a diverse and compatible range of activities including:
• commercial and retail development, and
• cultural and entertainment facilities, and
• tourism, leisure and recreation facilities, and
• social, education and health services.
• To provide for residential development that contributes to the vitality of the Newcastle city centre, where provided within a mixed use development.
• To create opportunities to improve the public domain and pedestrian links throughout the Newcastle city centre.
• To provide for the retention and creation of view corridors.
• To protect and enhance the unique qualities and character of special areas within the Newcastle city centre.
Nil
Advertisements; Business premises; Car parks (but only if required by this Plan or public car parks provided by or on behalf of the Council); Child care centres; Community facilities; Educational establishments; Entertainment facilities; Food and drink premises; Function centres; Hospitals; Information and education facilities; Kiosks; Markets; Medical centres; Office premises; Passenger transport facilities; Places of public worship; Public administration buildings; Public halls; Recreation facilities (indoor); Registered clubs; Residential flat buildings (but only as a component of mixed use developments involving a permitted non-residential use); Retail premises; Roads; Seniors housing; Serviced apartments; Sex services premises; Tourist and visitor accommodation; Utility installations.
Any development not specified in item 2 or 3.
• To provide a mixture of compatible land uses.
• To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
• To support the higher order Commercial Core zone, while providing for the daily needs of the Mixed Use zone.
• To encourage a diverse and compatible range of activities including:
• commercial and retail development, and
• cultural and entertainment facilities, and
• tourism, leisure and recreation facilities, and
• social, education and health services, and
• higher density residential development.
• To allow development along the coastline to take advantage of and retain view corridors whilst avoiding a continuous built edge along the waterfront.
• To create opportunities to improve the public domain and pedestrian links within the Mixed Use zone.
• To protect and enhance the unique qualities and character of special areas within the Newcastle city centre.
Nil
Any development not specified in item 2 or 4.
Bulky goods premises having a gross floor area greater than 400 square metres; Car parks (other than car parks required by this Plan or public car parks provided by or on behalf of the Council); Caravan parks; Cemeteries; Extractive industries; Hazardous industries; Hazardous storage establishments; Industries (excluding light industries); Liquid fuel depots; Mines; Offensive industries; Offensive storage establishments; Roadside stalls; Warehouses or distribution centres; Waste management facilities.
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Car parks (but only if required by this Plan or public car parks provided by or on behalf of the Council); Commercial activities; Drainage; Earthworks; Passenger transport facilities; Roads; Telecommunications facilities; Temporary structures; Utility installations.
Any development not specified in item 2 or 3.
• 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.
Environmental facilities; Environmental protection works.
Boat launching ramps; Boat repair facilities; Car parks (but only if required by this Plan or public car parks provided by or on behalf of the Council); Caravan parks; Child care centres; Community facilities; Flood mitigation works; Kiosks; Marinas; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants; Roads; Tourist and visitor accommodation; Utility installations; Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.
Any development not specified in item 2 or 3.
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
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.
To be exempt development, the development:
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, 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, and
(e) must not be carried out in an environmentally sensitive area for exempt or complying development (as defined in clause 20).
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.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Part 1 of Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or
(f) the development is on land identified as an environmentally sensitive area.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with:
(a) the development standards specified in relation to development, and
(b) the requirements of this Part,
is complying development.
To be complying development, the development must:
(a) be permissible, with 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.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out in Part 2 of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
Exempt or complying development must not be carried out on flood prone land except where otherwise expressly provided in Schedule 2 or 3.
For the purposes of this clause:
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,
(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 as a state conservation area under the National Parks and Wildlife Act 1974,
(i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
The objectives for the control of the height of buildings are as follows:
(a) to allow sunlight access to key areas of the public domain by ensuring that further overshadowing of certain parks and community places is avoided or limited during nominated times,
(b) to ensure that the built form of the Newcastle city centre develops in a coordinated and cohesive manner,
(c) to ensure that taller buildings are appropriately located,
(d) to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan,
(e) to ensure the preservation of view corridors that are significant for historic and urban design reasons.
Subject to subclauses (3) and (4) and the other provisions of this Plan, 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.
Subject to clause 22, street frontage heights of a building in a section shown by distinctive marking in figure 2.10 of the City Centre Development Control Plan 2006 are not to exceed the maximum heights shown for that section in whichever of figure 2.11, 2.12 and 2.13 of that plan relates to that section.
The height of a building on land within the area bounded by Hunter Street, King Street, Newcomen Street and Perkins Street may exceed the maximum height referred to in subclause (2) if:
(a) the site area concerned is greater than 10,000 square metres, and
(b) the height of any building on that land does not exceed 40 metres Australian Height Datum, and
(c) the consent authority is satisfied that the impact of the height of the building on view corridors, identified in Newcastle Development Control Plan 2005, to and from the Christchurch Cathedral and the Hunter River foreshore is not unreasonable.
Development involving an architectural roof feature that exceeds, or causes a building to exceed, 14 metres in height may be carried out, but only with consent.
Development consent must not be granted for any such development unless the consent authority is satisfied that the architectural roof feature:
(a) comprises a decorative element on the uppermost portion of a building, and
(b) does not support any advertisements, and
(c) does not include floor space area and is not reasonably capable of modification to include floor space area, and
(d) causes minimal overshadowing, and
(e) if the feature supports any business or building identification sign or contains equipment or structures for servicing the building (such as plant, lift motor rooms, fire stairs and the like)—the sign, equipment or structure is fully integrated into the design of the feature.
Nothing in this clause restricts the operation of clause 28.
The objectives of this Plan for the control of floor space ratios are as follows:
(a) to ensure a degree of equity in relation to development potential for sites of different sizes and for sites located in different parts of the Newcastle city centre,
(b) to ensure that proposals for new buildings are assessed with due regard to the design excellence and built form provisions of this Plan,
(c) to provide sufficient floor space for high quality development for the foreseeable future,
(d) to regulate density of development and generation of vehicular and pedestrian traffic,
(e) to facilitate development that contributes to the economic growth of the Newcastle city centre.
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.
Despite subclause (2) and except as provided by subclauses (4) and (7), the maximum floor space ratio for a building on land that is:
(a) in Area A, and
(b) in a zone specified in the Table to this subclause, and
(c) on land for which the maximum building height is as specified in Column 1 of the Table under the heading for that zone,
is the amount specified opposite that height in Column 2 of the Table if the building is not used for a commercial activity or in Column 3 if the building is used only for a commercial activity.
Table—Maximum FSR in Area A
Column 1 | Column 2 | Column 3 |
24m, 30m or 35m | 3.0:1 | 4.0:1 |
45m | 3.0:1 | 6.0:1 |
60m | 3.5:1 | 7.0:1 |
90m | 3.5:1 | 8.0:1 |
24m | 2.5:1 | 3.0:1 |
30m or 35m | 3.0:1 | 4.0:1 |
45m | 3.5:1 | 5.0:1 |
60m | 4.0:1 | 6.0:1 |
The maximum floor space ratio for a building in Area A that has a site area of less than 1,500 square metres is the least of the following:
(a) the floor space ratio determined in accordance with subclause (3),
(b) 4.0:1,
(c) the floor space ratio determined in accordance with subclause (7).
Despite subclause (2) and except as provided by subclause (7), the maximum floor space ratio for a building on land that is:
(a) in Area B, and
(b) in a zone specified in the Table to this subclause, and
(c) on land for which the maximum building height is as specified in Column 1 of the Table under the heading for that zone,
is the amount specified opposite that height in Column 2 of the Table if the building is not used for an educational and cultural activity or in Column 3 if the building is used only for an educational and cultural activity.
Table—Maximum FSR in Area B
Column 1 | Column 2 | Column 3 |
24m | 2.5:1 | 3.0:1 |
30m or 35m | 3.0:1 | 4.0:1 |
45m | 3.5:1 | 5.0:1 |
Despite subclause (2) and except as provided by subclause (7), the maximum floor space ratio for a building on land that is:
(a) in Area C, and
(b) in a zone specified in the Table to this subclause, and
(c) on land for which the maximum building height is as specified in Column 1 of the Table under the heading for that zone,
is the amount specified opposite that height in Column 2 of the Table if the building is not used for a tourist activity or in Column 3 if the building is used only for a tourist activity.
Table—Maximum FSR in Area C
Column 1 | Column 2 | Column 3 |
18m, 20m or 24m | 2.5:1 | 3.0:1 |
30m or 36m | 3.0:1 | 4.0:1 |
45m | 3.5:1 | 5.0:1 |
60m | 4.0:1 | 6.0:1 |
If a building within Area A, Area B or Area C is used for a combination of the specified activity for the Area and one or more other activities, the maximum floor space ratio for the building is:
where:
The following gives an example of how a maximum floor space ratio is to be calculated for a building on land, having a site area equal to or greater than 1,500 square metres and a maximum building height of 90m, that is within Zone B3 Commercial Core (located in Area A), 30 per cent of which is to be used for commercial activity and 70 percent of which is to be used for another activity:
4.85:1 is the maximum floor space ratio.
In this clause:
(a) in relation to Area A—commercial activity, and
(b) in relation to Area B—educational and cultural activity, and
(c) in relation to Area C—tourist activity.
For the meaning of
Clauses 24 and 36 (6) enable the consent authority, in certain circumstances, to grant consent to buildings that exceed the maximum floor space ratios specified in this clause.
This clause applies to buildings on land shown edged heavy blue and notated “City East” on the Height of Buildings Map.
The consent authority may consent to development that causes a building to which this clause applies to exceed the maximum height set by clause 21 up to the height of an existing building on an adjoining site.
The consent authority may consent to development that causes the floor space ratio of a building to which this clause applies to exceed the maximum floor space ratio set by clause 23 up to the floor space ratio of an existing building on an adjoining site.
The height or floor space ratio of a building to which this clause applies may only exceed the maximum height or floor space ratio set by clause 21 or 23, up to the height or floor space ratio permitted under this clause, if the consent authority is satisfied that the building, having regard to development on the adjoining site, achieves an appropriate urban design outcome.
In considering whether a building achieves an appropriate design outcome, the consent authority must have regard to:
(a) an urban design analysis indicating how the building will integrate with the surrounding natural and urban environment (including existing streetscapes, built form, heritage values, view corridors and open space), and
(b) the views of any group or panel established by the Council to consult on urban design on the extent to which the building integrates with that surrounding environment.
For the purposes of this clause, a site adjoins another site only if it has a common boundary with that other site.
Nothing in this clause restricts the operation of clause 28.
A building that is erected on land within Zone B3 Commercial Core is to have at least one street frontage of 20 metres or more.
Despite subclause (1), the consent authority may grant development consent to the erection of a building that does not comply with that subclause if it 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 20 metres or more, and
(b) the erection of the building is consistent with the other relevant provisions of this Plan.
Nothing in this clause restricts the operation of clause 28.
If development involves the erection of a new building, or an alteration to an existing building that increases the gross floor area of the building:
(a) car parking must be provided in accordance with Newcastle Development Control Plan 2005, and
(b) at least one car parking space must be provided for every 60 square metres of gross floor area that is used for office premises.
Car parking required to be provided by this clause is to be provided on site unless the consent authority is satisfied that car parking will be adequately provided for elsewhere.
For the purposes of this clause, any area of the building that is used for car parking is to be included as part of a building’s gross floor area, except where the car parking is provided as required by this clause.
Car parking provided by or on behalf of the Council is not to be included as part of a building’s gross floor area.
A building on land to which this Plan 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.
For the purposes of this clause, a separate tower or other raised part of the same building is taken to be a separate building.
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
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.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(iii) if the development is on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Part 1 of Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977, the development will retain the heritage significance of the item, and
(b) the concurrence of the Director-General has been obtained.
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow 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) a development standard in Part 5 (other than clause 38 (4)).
The objective of this clause is to identify, for the purposes of section 27 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 (
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.
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 by section 8 of the Act |
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.
Consent for development on land reserved for the purposes of a classified road may, before the land becomes a classified road, be granted only if:
(a) (Repealed)
(b) the development is of a kind, or is compatible with development of a kind, that may be carried out on land in an adjoining zone.
In deciding whether to grant consent to proposed development under this clause, the consent authority must take the following matters into consideration:
(a) the need to carry out development on the land for the purposes of a classified road or a proposed classified road,
(b) the imminence of acquisition of the land by the RTA,
(c) the likely additional cost to the RTA resulting from the carrying out of the proposed development.
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.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). 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.
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.
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.
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.
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 Lands Act 1989).
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.
The objective of this clause is to allow the use of educational establishments, including their site and facilities, for other community purposes.
An educational establishment (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.
Nothing in this clause requires consent to carry out development on any land if that development could, but for this clause, be carried out on that land without consent.
Before granting consent for development for the purposes of a building, the consent authority must have regard to the principles of ecologically sustainable development as they relate to the proposed development based on a “whole of building” approach by considering:
(a) greenhouse gas reduction, and
(b) embodied energy in materials and building processes, and
(c) building design and orientation, and
(d) passive solar design and day lighting, and
(e) natural ventilation, and
(f) energy efficiency and energy conservation, and
(g) water conservation and reuse, and
(h) waste minimisation and recycling, and
(i) reduction of car dependence, and
(j) potential for adaptive reuse.
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.
In this clause:
Development consent must not be granted to development for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments, unless the consent authority is satisfied that the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development and the design principles of the Residential Flat Design Code (Department of Planning, September 2002) are achieved for the development as if it were residential flat development.
This clause applies to development involving:
(a) the construction of a new building, or
(b) additions or external alterations to an existing building that, in the opinion of the consent authority, are significant.
Development consent must not be granted for development to which this clause applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
In considering whether development to which this clause applies 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 proposed development will improve the quality and amenity of the public domain,
(c) whether the proposed development detrimentally impacts on view corridors identified in Newcastle Development Control Plan 2005,
(d) how the proposed development addresses the following matters:
(i) heritage issues (including archaeology) 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, service and public transport access, circulation and requirements,
(viii) impact on, and any proposed improvements to, the public domain.
Development consent must not be granted to the following development to which this Plan applies unless an architectural design competition has been held in relation to the proposed development:
(a) development for which an architectural design competition is required as part of a concept plan approved by the Minister under Division 3 of Part 3A of the Act,
(b) development in respect of a building that is, or will be, greater than 48 metres in height,
(c) development having a capital value of more than $1,000,000 on a key site, being a site 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.
Subclause (4) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.
The consent authority may grant development consent to the construction of a new building, or external alterations to an existing building, that has a floor space ratio of up to 10 percent greater than that allowed by clause 23 or a height of up to 10 percent greater than that allowed by clause 21, but only if:
(a) the design of the building or alteration is the result of an architectural design competition, and
(b) the concurrence of the Director-General has been obtained to the development application.
In determining whether to provide his or her concurrence to the development application, the Director-General is to take into account the result of the architectural design competition (if any).
Nothing in subclause (6) restricts the operation of clause 28 to clause 21 or 23.
In this clause:
The ground floor of a building on land within Zone B3 Commercial Core is to be used for commercial activities, or retail activities, and have an active street frontage.
For the meaning of
However, subclause (1) does not apply in respect of any part of a ground floor:
(a) used as a lobby for any commercial activities, or for any dwelling (as part of a residential flat building), serviced apartments or hotel above the ground floor, or
(b) used as access for fire services, or
(c) used for vehicular access or parking, or
(d) facing a service lane.
In this clause:
This clause applies to development applications with respect to a redevelopment site in the Wickham Redevelopment Area.
Despite any other provisions of this Plan, the consent authority must not grant consent to a development application to which this clause applies unless it is satisfied that the development:
(a) will not prejudice the orderly development of the redevelopment site as a whole, and
(b) provides for all the public thoroughfares and public open space indicated by the Wickham Redevelopment Area Map as being on the land to which the application relates, and
(c) provides for public access from a public place to those thoroughfares and that space on completion of the development.
Despite subclause (2), development consent may be granted to a development application to which this clause applies if, in the opinion of the consent authority, the development is of a minor nature and will not prejudice the orderly development of the redevelopment site as a whole.
Business premises, office premises or retail premises in the Wickham Redevelopment Area are not to exceed 400 square metres.
In this clause:
The objectives of this clause are:
(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads (within the meaning of the Roads Act 1993), and
(b) to prevent or reduce the potential impact of traffic noise and vehicle emissions on development adjacent to classified roads.
Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and
(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the proposed development as a result of:
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development.
The objective of this clause is to ensure that development for the purpose of residential accommodation, places of public worship, hospitals, educational establishments or other noise sensitive buildings in the proximity of operating or proposed railways is not adversely affected by rail noise or vibration.
This clause applies to land comprising, or within 60 metres of, an operating railway line or land reserved for the construction of a railway line (referred in this clause as a
Development consent must not be granted to development:
(a) that is within a rail corridor, and
(b) that the consent authority considers is, or is likely to be, adversely affected by rail noise or vibration,
unless the consent authority is satisfied that the proposed development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.
The objectives of this clause are as follows:
(a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,
(b) to implement the principles in the NSW Coastal Policy, and in particular to:
(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and
(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and
(iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and
(iv) recognise and accommodate coastal processes and climate change, and
(v) protect amenity and scenic quality, and
(vi) protect and preserve rock platforms, beach environments and beach amenity, and
(vii) protect and preserve native coastal vegetation, and
(viii) protect and preserve the marine environment, and
(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and
(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and
(xi) protect Aboriginal cultural places, values and customs, and
(xii) protect and preserve items of heritage, archaeological or historical significance.
Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:
(a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to:
(i) maintaining existing public access and, where possible, improving that access, and
(ii) identifying opportunities for new public access, and
(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:
(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and
(ii) the location, and
(iii) the bulk, scale, size and overall built form design of any building or work involved, and
(c) the impact of the proposed development on the amenity of the coastal foreshore including:
(i) any significant overshadowing of the coastal foreshore, and
(ii) any loss of views from a public place to the coastal foreshore, and
(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and
(e) how biodiversity and ecosystems, including:
(i) native coastal vegetation and existing wildlife corridors, and
(ii) rock platforms, and
(iii) water quality of coastal waterbodies, and
(iv) native fauna and native flora, and their habitats,
can be conserved, and
(f) the effect of coastal processes and coastal hazards and potential impacts, including sea level rise:
(i) on the proposed development, and
(ii) arising from the proposed development, and
(g) the cumulative impacts of the proposed development and other development on the coastal catchment.
Consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:
(a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and
(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and
(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform.
The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.
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).
The objectives of this clause are:
(a) to maintain the existing flood regime and flow conveyance capacity, and
(b) to enable safe occupation of flood prone land, and
(c) to avoid significant adverse impacts upon flood behaviour, and
(d) to avoid significant adverse effects on the floodplain environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and
(e) to limit uses to those compatible with flow conveyance function and flood hazard.
Before determining an application for consent to carry out development on flood prone land, the consent authority must consider:
(a) the impact of that development on:
(i) flood behaviour, including the flood peak at any point upstream or downstream of the site of the development, and
(ii) the flow of floodwater on adjoining lands, and
(iii) the flood hazard or risk of flood damage to property and personnel, and
(iv) erosion, siltation or destruction of riparian vegetation in the area, and
(v) the water table on any adjoining land, and
(vi) river bank stability, and
(vii)
the safety in time of flood of the site of the development and of any buildings or works intended to be erected or carried out, and
(viii) the hydraulic capacity of flood liable land in the locality, and
(ix) the provision of emergency equipment, personnel, welfare facilities or other resources that might be needed for an evacuation resulting from flooding, and
(x) the risk to life and personal safety of any emergency service and rescue personnel who might be involved in any such evacuation, and
(xi) the cumulative impact of further development on flooding, and
(xii) the potential for pollution during flooding, and
(b) the impact that flooding will have on the proposed development, including the flood liability of access to the site of the proposed development, and
(c) the provisions of any floodplain management plan adopted by the Council that applies to the land.
Persons seeking information about whether particular land in the Newcastle city centre is liable to flood may apply to the Council for a Flood Information Certificate relating to the land.
The objective of this clause is to ensure that any land excavation or filling work will not have a detrimental impact on environmental functions and processes, neighbouring uses, or cultural or heritage items and features.
Consent for excavation of land or the placing of fill may be granted only if the consent authority is satisfied that there would be no adverse impact on:
(a) a waterbody, or
(b) private or public property, or
(c) ground water quality and resources, or
(d) stormwater drainage, or
(e) flooding.
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 46 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993,
(f) the carrying out of any work in relation to a tree that is exempt development.
The objectives of this clause are:
(a) to conserve the environmental heritage of Newcastle city centre, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c) to conserve archaeological sites, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building by making structural changes to its interior,
(d) 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,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, 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, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, 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 a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement 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.
The consent authority may require, after considering the 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.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site, be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal 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, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 21 days after the notice is sent.
(Repealed)
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, 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 is facilitated by the granting of consent, and
(b) the proposed development is in accordance with a heritage conservation management plan 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 conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
The objective of this clause is to facilitate the establishment of:
(a) permanent group homes in which disabled persons or socially disadvantaged persons may live in an ordinary residential household environment instead of an institutional environment, and
(b) transitional group homes that provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of an institutional environment for such purposes as alcohol or drug rehabilitation and half-way rehabilitation for persons formerly living in institutions and refuges for men, women or young persons.
If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this Plan, development for the purposes of a group home may, subject to this clause, be carried out.
Consent is required to carry out development for the purposes of a transitional group home.
Consent is required to carry out development for the purposes of a permanent group home that contains more than 5 bedrooms.
Consent is required to carry out development for the purposes of a permanent group home that contains 5 or less bedrooms and that is occupied by more residents (including any resident staff) than the number calculated by multiplying the number of bedrooms in that home by 2.
Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.
Nothing in this clause requires consent to be obtained by the Department of Housing (or by a person acting jointly with the Department of Housing) to carry out development for the purposes of a transitional group home.
Nothing in this Plan is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:
(a) the carrying out of development of any description specified in subclauses (2)–(12), or
(b) the use of existing buildings of the Crown by the Crown.
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
(a) development of any description at or below the surface of the ground,
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the commencement of this Plan of any plant or other structures or erections required in connection with the station or substation,
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housing of stone, concrete or brickworks,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the commencement of this Plan, provided reasonable notice of the proposed erection is given to the consent authority,
(f) any other development, except:
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:
(a) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:
(a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.
The carrying out of any forestry work by the Forestry Commission or Community Forest Authorities empowered under relevant Acts to undertake afforestation, the construction of roads, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, and
(b) any development designed to change the use or purpose of any such reserve.
The carrying out or causing to be carried out by the consent authority, where engaged in flood mitigation works, or by a government department, of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Water Management Act 2000, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:
(a) the erection of buildings, and installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, and
(b) the formation or alteration of any means of access to a road.
The objectives of this clause are:
(a) to remove the need for the Council to obtain development consent for commonly undertaken civic works and facilities, and
(c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or
(f) the use of more than 25 square metres of floor area to carry on the business,
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 notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, a brothel or home occupation (sex services).
(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 notice, advertisement or sign, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops or refreshment rooms,
(e) transport of patients, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, and
(b) any facility for providing fuelling, sewage pump-out or other services for boats, and
(c) any facility for launching or landing boats, such as slipways or hoists, and
(d) any associated car parking, commercial, tourist or recreational or club facility that is ancillary to a boat storage facility, and
(e) any associated single mooring.
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
The term is defined as follows:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
The term is defined as follows:
(1) Native vegetation means any of the following types of indigenous vegetation:(a) trees (including any sapling or shrub, or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
(2) Vegetation is
indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.(3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 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,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(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 can (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.
The term is defined as follows:
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) that relates to the settlement of the Newcastle local government area, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for:
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows:
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
(a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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