Newcastle Local Environmental Plan 2003 (Amendment No 4) (2009-136) LW 24 April 2009 (NSW)
2009 No 136
| New South Wales |
Newcastle Local Environmental Plan
2003 (Amendment No 4)
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the
Environmental Planning and Assessment Act 1979. (NEW0006055/PC)
KRISTINA KENEALLY, MP
Minister for Planning
| Published LW 24 April 2009 | Page 1 |
| 2009 No 136 |
| Clause 1 | Newcastle Local Environmental Plan 2003 (Amendment No 4) |
Newcastle Local Environmental Plan 2003 (Amendment
No 4)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Newcastle Local Environmental Plan 2003 (Amendment
No 4).
2 Aims of plan
This plan aims to amend Newcastle Local Environmental Plan 2003
(the 2003 plan):
| (a) | to clarify the meaning of, and make statute law revision amendments to, certain provisions, and |
| (b) | to clarify, replace or omit certain definitions, and |
| (c) | to correct minor mapping anomalies and make minor zoning alterations, and |
| (d) | to bring the land that was deferred matter within the meaning of section 70 (4) of Environmental Planning and Assessment Act 1979, being part of Kooragang Island, under the 2003 plan, and |
| (e) | to achieve consistency within the City of Newcastle in relation to exempt and complying development by replacing Schedules 1–3 with two schedules that are equivalent to those that apply in Newcastle City Centre Local Environmental Plan 2008, but excluding exempt development to which State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies, and |
| (f) | to reclassify a former council library site in Cowper Street, Wallsend, from community land to operational land within the meaning of the Local Government Act 1993, and |
| (g) | to insert additional heritage items. |
3 Land to which plan applies
This plan applies to all land to which Newcastle Local Environmental
Plan 2003 applies.
2009 No 136
| Newcastle Local Environmental Plan 2003 (Amendment No 4) | Clause 4 |
4 Repeal of Newcastle Local Environmental Plan 1987
Newcastle Local Environmental Plan 1987 is repealed.
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
[1] Clause 2 Land to which plan applies
Omit clause 2 (2). Insert instead:
| (2) | This plan does not apply to land to which Newcastle City Centre Local Environmental Plan 2008 applies. |
[2] Clause 4 Context and relationship to other environmental planning instruments
Omit clause 4 (3) (a).
[3] Clause 5 Aims and general objectives
Omit “to achieve those aims”.
[4] Clause 5
| Omit “Development should:” wherever occurring. Insert instead “The objectives are to:”. |
[5] Clause 10 Exempt development
Omit “Development listed”. Insert instead “Development specified”.
[6] Clause 10 (b)
Omit “Column 2 of”.
[7] Clause 10 (f)
Omit the paragraph. Insert instead:
| (f) | it is not carried out on flood prone land unless otherwise stated in Schedule 1, and |
[8] Clause 11 Complying development
| Omit “Development listed in”. Insert instead “Development specified in Part 1 of”. |
[9] Clause 11 (b)
| Omit “the development standards and any other requirements specified in Column 2”. |
| Insert instead “any requirements specified in Part 1”. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
[10] Clause 11 (f)
Omit the paragraph. Insert instead:
| (f) | it is not carried out on flood prone land unless otherwise stated in Schedule 2, and |
[11] Clause 12 Conditions for complying development
Omit “Schedule 3”. Insert instead “Part 2 of Schedule 2”.
[12] Clause 16 Zonings
Omit “mines” from item 5 of the matter relating to Zone 2 (a) in the Table to the clause.
Insert instead “mines” in alphabetical order.
[13] Clause 16, Table
Omit “which are not appropriate in, and” from item 2 (c) of the matter relating to Zone 4 (a).
[14] Clause 16, Table
Omit item 2 (b) of the matter relating to Zone 4 (c). Insert instead:
| (b) | To allow commercial, retail or other development only where it is: | |||
| ||||
| (c) | To ensure that any such commercial, retail or other development is unlikely to be prejudicial: | |||
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[15] Clause 17 Subdivision
Omit “in” at the end of clause 17 (3). Insert instead “included”.
[16] Clause 17 (4)
Insert “6 (a),” after “1 (a),”, wherever occurring.
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
[17] Clause 26B
Insert after clause 26A:
|
| (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 without consent under the State Environmental Planning Policy (Infrastructure) 2007. |
| (2) | This plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. |
[18] Clause 27 Heritage assessment
Insert “, including demolition work,” after “work” in clause 27 (1).
[19] Clause 27 (2)
Omit “The assessment”.
Insert instead “Where the consent authority is satisfied that the carrying out of the proposed development is likely to, or may, affect the heritage significance of the heritage item or the heritage conservation area, the assessment”.
[20] Clause 33 Heading
Insert “or heritage conservation area” after “item”.
[21] Clause 36 Land in Zone 4 (c) at Mayfield West
| Omit “Part 4” from the definition of environmental envelope in clause 36 (2). Insert instead “Part D”. |
[22] Clause 36 (4) (b) and (7)
| Omit “Environment Protection Authority” wherever occurring. Insert instead “Department of Environment and Climate Change”. |
[23] Clause 36 (9)
| Omit “Estate Management Company”. Insert instead “Community Association”. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
[24] Clause 37 Definitions
Insert in alphabetical order in clause 37 (1):
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.
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.
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 line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
| (a) | a building wall, or |
| (b) | the outside face of any balcony, deck or the like, or |
| (c) | the supporting posts of a carport or verandah roof, |
whichever distance is the shortest.
business identification sign means a sign:
| (a) | that indicates: | |||
| ||||
| (b) | that may include the address of the premises or place and a logo or other symbol that identifies the business, |
but that does not include any advertising relating to a person who
does not carry on business at the premises or place.
circumference breast height means the girth of the supporting
stem of a tree at a height of 1.4 metres above ground level
(existing) measured at the trunk centre, and so as to contain the
outermost projection of any flanges or buttresses.
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.
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
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.
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.
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) | a waste disposal land fill operation. |
flood prone land means land that is at or below 0.5 metre above
the 1% annual exceedance probability flood level.
ground level (existing) means the existing level of a site at any
point.
mezzanine means an intermediate floor within a room.
Newcastle Development Control Plan 2005 means Newcastle Development Control Plan 2005 adopted by the Council, as in force on the commencement of Newcastle Local Environmental Plan 2003 (Amendment No 4).
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
public land has the same meaning as in the Local Government
Act 1993.
Note. The term is defined as follows:
public land means any land (including a public reserve) vested in or
under the control of the council, but does not include:
| (a) | a public road, or |
| (b) | land to which the Crown Lands Act 1989 applies, or |
| (c) | a common, or |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| (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. |
public reserve has the same meaning as in the Local Government
Act 1993.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
| (a) | a space that contains only a lift shaft, stairway or meter room, or |
| (b) | a mezzanine, or |
| (c) | an attic. |
swimming pool has the same meaning as in the Swimming Pools
Act 1992.
Note. The term is defined as follows:
swimming pool means an excavation, structure or vessel:
| (a) | that is capable of being filled with water to a depth of 300 millimetres or more, and |
| (b) | that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, |
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
[25] Clause 37 (1), definition of “agriculture”
| Omit “but, in Part 2, does not include”. Insert instead “but does not include the clearing of land or”. |
[26] Clause 37 (1), definitions of “animal establishment”, “bulky goods retail outlet”, commercial premises”, “community facility” and “shop”
Omit “, in Part 2,” wherever occurring.
[27] Clause 37 (1), definitions of “arborist”, “Landscape Structure Plan” and “tree”
Omit the definitions.
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
[28] Clause 37 (1), definitions of “eco-tourism facility”, “industry”, “local shop” and “serviced apartments”
Omit the definitions. Insert instead in alphabetical order:
eco-tourism facility means any nature-based tourism facility that involves education and interpretation of the natural or cultural environment and that is managed so as to be ecologically sustainable. It may include staff quarters or minimal impact, low scale tourist accommodation that is compatible with the environment.
industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.
local shop means a shop that:
| (a) | is of a nature and size that is suitable to serve a surrounding population of approximately 5,000 people, and |
| (b) | is not a bulky goods retail outlet, convenience shop or sex aid establishment. |
serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
[29] Clause 37 (1), definition of “heritage item”
Insert “, tree” after “archaeological site” in paragraph (a).
[30] Clause 37 (1), definition of “pruning”
Omit “1996”. Insert instead “2007”.
[31] Clause 37 (1), definition of “zoning map”
Insert in appropriate order:
Newcastle Local Environmental Plan 2003 (Amendment
No 4)—Sheets 1–14 and 16
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
[32] Schedules 1 and 2
Omit Schedules 1–3. Insert instead:
|
(Clause 10)
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 applies to other exempt development.
Note 2. The removal of trees to enable the carrying out of any other development listed in this Schedule may be exempt development under clause 28 of this Schedule or complying development under clause 5 of Schedule 2 or may require a development consent under clause 14 of this plan.
1 Building alterations
Note. This development, if carried out on a dwelling, is exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. From 27 February 2009 only that Policy applies in relation to building alterations to dwellings.
| (1) | Premises | |||||||||||||
| The alterations must not be carried out on any of the following premises: | ||||||||||||||
| ||||||||||||||
| (2) | General | |||||||||||||
| May only be minor non-structural alterations, such as the following: | ||||||||||||||
|
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| (3) | Impact on structure | |||
| Wall, door or window openings must not be enlarged or reduced. | ||||
| (4) | Alterations must not affect the load bearing capacity of any load bearing component of the building. | |||
| (5) | Safety | |||
| Any work involving asbestos cement must comply with the following WorkCover Authority guidelines: | ||||
| ||||
| (6) | If paint removal is carried out in conjunction with the alterations, it must be carried out in a manner that prevents possible contamination of air or ground by lead or other toxic compounds. | |||
| (7) | Heritage and bush fire prone land | |||
| Must not be carried out on land that comprises or on which there is a heritage item. | ||||
| (8) | Alterations must not be to the exterior of a building in a heritage conservation area or on bush fire prone land. | |||
| (9) | Flood prone land | |||
| May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with. |
2 Cemeteries and burial grounds
|
| (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. |
| (2) | Heritage |
| Must not involve disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
3 Change of use—local shops, shops, commercial premises and commercial offices
|
The development is the different use of a building resulting from a change:
| (a) | from one type of local shop to another type of local shop, or |
| (b) | from one type of shop to another type of shop, or |
| (c) | from one type of commercial premises to another type of commercial premises, or |
| (d) | from commercial premises to commercial offices, or |
| (e) | from one type of commercial offices to another type of commercial offices, or |
| (f) | from commercial offices to commercial premises. |
| (2) | Current use | |||||||
| The current use of the building must be lawful and must not be an existing use (within the meaning of section 106 of the Act). | ||||||||
| (3) | Proposed use | |||||||
| The proposed use of the premises must not comprise any of the following: | ||||||||
| ||||||||
| (4) | Floor area | |||||||
| The proposed use must not involve any increase in floor area. | ||||||||
| (5) | Operation | |||||||
| Hours of operation must not extend beyond any existing approved hours. | ||||||||
| Note. A current development consent applying to the premises may contain conditions on the permitted hours of operation. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| (6) | If the proposed use is as a shop or as commercial offices, the curtilage of the premises must not be used for storage or display purposes. |
| (7) | The new use must be carried out in accordance with any conditions of a current development consent relating to the premises, including car parking, loading, vehicular movement, traffic generation, waste management, noise and site landscaping. |
4 Maintenance of heritage items or buildings, works, archaeological sites, relics, trees or places within heritage conservation areas
Note. See the definition of maintenance in clause 37 (1) of this plan.
| (1) | General | |||
| The applicant has advised the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that is satisfied that the proposed development: | ||||
| ||||
| (2) | Flood prone land | |||
| May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with. | ||||
| (3) | Replacement or repair of cladding | |||
| If the maintenance involves the replacement or repair of wall cladding or roof cladding, must comply with the requirements set out in this Schedule for that kind of development. |
5 Native vegetation—clearing
|
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| (4) | Threatened species | |||
| Native vegetation must not be, or comprise a part of, a threatened species, population or ecological community listed in: | ||||
| ||||
| 37 of this plan. | ||||
| Note 1. The terms clearing and native vegetation are defined in clause legislation, including the Rural Fires Act 1997. |
6 Public roads—construction of footpaths, footpath crossings, kerb crossings or stormwater drainage connections
Note. The carrying out of works on a public road requires consent of the appropriate roads authority (usually the Council) under the Roads Act 1993.
| (1) | Damage |
| Any damage caused to kerb, guttering or footways during carrying out of works must be rectified in accordance with any requirements of the appropriate roads authority under the Roads Act 1993. | |
| (2) | Storage of construction materials on roads or public reserves |
| No part of a public road is to be used for storage of construction materials without the authorisation of the appropriate roads authority under the Roads Act 1993. | |
| (3) | No part of a public reserve is to be used for storage of construction materials without the authorisation of the Council. |
| (4) | Flood prone land |
| May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with. | |
| (5) | Water pollution |
| Adequate measures must be carried out to prevent sediment or other pollutants from entering drains or watercourses. | |
| (6) | Stormwater |
| Works must not restrict flow of stormwater. | |
| (7) | Overland stormwater flow must not be diverted as a result of the works over land to buildings (such as garages and dwellings). |
| (8) | Works must not restrict access to stormwater pipelines. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
7 Signs—business identification
|
Maximum of one business identification sign per premises.
| (2) | Siting |
| No freestanding signs on a public road (including the footway of a public road). | |
| (3) | Signs may be suspended from a building over the footway of a public road and, in that case, must be located no closer than 3.6 metres from the edge of the kerb and at least 2.6 metres above ground level (existing). |
| (4) | Dimensions |
| Maximum area—1 square metre. | |
| (5) | Heritage |
| Must not be located on land that comprises or on which there is a heritage item. |
8 Tree pruning
|
| (a) | the tree management provisions contained in Element 4.10 of Newcastle Development Control Plan 2005, and |
| (b) | Australian Standard AS 4373—2007, Pruning of amenity trees. |
| (3) | Heritage | |||
| Tree must not be a heritage item that is listed in Schedule 6. | ||||
| (4) | Threatened species | |||
| Tree must not be, or comprise a part of, a threatened species, population or ecological community listed in: | ||||
| ||||
| Note 1. The term pruning is defined in clause 37 (1) of this plan. Note 2. Removal and pruning of trees is also provided for under other legislation, including the Electricity Supply Act 1995, the Local Government Act 1993 (in relation to trees on council land), the Roads |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
Act 1993, Rural Fires Act 1997 Trees (Disputes Between consent of the appropriate roads authority under the Roads Act 1993.
the and the
Neighbours) Act 2006.
9 Tree removal
|
| (a) | must be of a species that is a noxious weed under the Noxious Weeds Act 1993, |
| (b) | must have a circumference breast height not greater than 450 millimetres for a single trunk tree or not greater than 300 millimetres for each trunk of a multi-trunk tree, |
| (c) | must be dead and not provide a habitat for hollow-dependent fauna, |
| (d) | must be located within 3 metres of the wall of the principal building (excluding carports, pergolas, fences, retaining walls and the like) on the land on which it is situated or on adjacent land, measured from the closest point of the trunk to the footings of the building. |
| (3) | Removal must be completed in one operation and any remaining stump must be no higher than 1.4 metres. | |||
| (4) | Retention of the tree must not have been a condition of a development consent. | |||
| (5) | Heritage | |||
| Tree must not be a heritage item that is listed in Schedule 6. | ||||
| (6) | Threatened species | |||
| Tree must not be, or comprise a part of, a threatened species, population or ecological community listed in: | ||||
| ||||
| Note 1. The terms circumference breast height and remove are defined in clause 37 (1) of this plan. Note 2. Removal and pruning of trees is also provided for under other legislation, including the Electricity Supply Act 1995, the Local Government Act 1993 (in relation to trees on council land), the Roads |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
Act 1993, Rural Fires Act 1997 Trees (Disputes Between consent of the appropriate roads authority under the Roads Act 1993.
the and the
Neighbours) Act 2006.
10 Use of public land or a public road for an exhibition, meeting or community event
Note. In the case of Crown land or land vested in or under the control of the council, permission must be sought from the council or other authority responsible for managing the land concerned before any development (including exempt development) is carried out on the land. Where the land is a public road, permission must be sought from the appropriate roads authority under the Roads Act 1993 (usually the council).
Under section 68 of the Local Government Act 1993, certain activities carried out on community land require approval from the council.
| (1) | Definition |
| In this clause: community event has the same meaning as in State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007. | |
| (2) | Plans of management |
| Must be consistent with any plan of management under the Local Government Act 1993 or the Crown Lands Act 1989 that applies to the land. | |
| (3) | Temporary structures |
| The erection and use of any temporary structure for the purposes of the exhibition, meeting or community event must be exempt development or complying development under State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007. | |
| (4) | Bush fire prone land |
| The exhibition, meeting or community event must not be carried out on bush fire prone land. | |
| (5) | Flood prone land |
| May be carried out on flood prone land if the relevant provisions of Newcastle Development Control Plan 2005 are complied with. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| Schedule 2 | Complying development |
(Clause 11)
Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development under that Policy. The Policy has State-wide application.
| Part 1 | Types of development |
1 Change of use—from shops and warehouses
|
The development is the different use of a building resulting from a change:
| (a) | from one type of shop to another type of shop or to commercial offices or commercial premises, or |
(b) from one type of warehouse to another type of warehouse. The current use of the building must be lawful and must not be an existing use (as defined in section 106 of the Act).
| (2) | Current use |
| (3) | Proposed development or use |
| The proposed development may include structural alterations, but only to the interior of the premises concerned. | |
| (4) | The proposed premises must not comprise premises for the sale of food or the storage or handling of food for sale. |
| (5) | Floor area |
| The proposed use must not involve any increase in floor area. | |
| (6) | Operation |
| Hours of operation must not extend beyond any existing approved hours. | |
| Note. A current development consent applying to the premises may contain conditions on the permitted hours of operation. | |
| (7) | If the proposed use is as commercial offices, the curtilage of the premises must not be used for storage or display purposes. |
| (8) | Flood prone land |
| May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
2 Dwelling-houses and associated outbuildings
Note. Works ancillary to the development allowed by this clause, such as landscaping, the installation of driveways, paving, drainage, filling, excavation and the laying of underground services may be carried out as exempt development. See the entry for ancillary works external to a building in Schedule 1.
Works on public roads, such as footpath crossings, kerb crossings or stormwater drainage connections for dwelling-houses may also be carried out as exempt development. See the entry for public roads in Schedule 1.
| (1) | General | |||||||||
| The development involves one of the following: | ||||||||||
| ||||||||||
| (2) | Site area | |||||||||
| The development does not result in more than one dwelling on the relevant lot. | ||||||||||
| (3) | May only be carried out on land in Zone 2 (a) or 2 (b) that has gravity drainage to a public drainage system. | |||||||||
| (4) | Siting | |||||||||
| Any external wall of the resulting building must be at least 0.9 metre from any side or rear property boundary. | ||||||||||
| (5) | The outside of any new eaves or gutter must be at least 0.675 metre from any side or rear property boundary. | |||||||||
| (6) | Minimum setback from boundary of secondary street frontage on corner lot—2.5 metres. | |||||||||
| (7) | Minimum setback from any other boundary with a street— 5 metres. | |||||||||
| (8) | Must not encroach on any easement, pipeline or watercourse. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| (9) | Number of storeys—dwelling-houses and outbuildings | |||
| Any proposed dwelling-house or outbuilding may only be a single storey building. | ||||
| (10) | Additions | |||
| Any addition to a dwelling-house may only be to the ground floor of the dwelling-house. | ||||
| (11) | Streetscape | |||
| Dwelling-houses facing a public road must have at least a front door or window of a habitable room facing the road. | ||||
| (12) | The combined width of all proposed garages or carports facing a public road must not be more than the lesser of: | |||
| ||||
| (13) | Bulk and scale | |||
| Maximum height of underside of eaves—3.5 metres above ground level (existing). | ||||
| (14) | Maximum roof pitch—30 degrees. | |||
| (15) | Any roof openings must be flush with the roof pitch. |
(16) Maximum floor area of any carport, garage or other outbuilding—40 square metres.
| (17) | Safety | |||
| Any work involving asbestos cement must comply with the following WorkCover Authority guidelines: | ||||
| ||||
| (18) | Solar access | |||
| The building or structure must comply with Element 5.1.5 of Newcastle Development Control Plan 2005. |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| (19) | Privacy | |||||
| If a new window in a habitable room allows an outlook to a window in a habitable room of an adjoining dwelling and the two windows are less than 9 metres apart: | ||||||
| ||||||
| (20) | Car parking | |||||
| At least one car parking space must be provided for a new dwelling. | ||||||
| (21) | Landscaping | |||||
| The percentage of the area of the relevant lot comprising surfaces that are permeable to rainwater must be at least 20 per cent after the development is carried out. | ||||||
| (22) | Utilities | |||||
| The lot must be connected to a reticulated sewerage system operated by the Hunter Water Corporation. | ||||||
| (23) | Stormwater | |||||
| The flow of stormwater must not be restricted. | ||||||
| (24) | The development must comply with applicable requirements in Element 4.5 of Newcastle Development Control Plan 2005. | |||||
| (25) | Waste | |||||
| The development must comply with applicable requirements in Element 4.6 of Newcastle Development Control Plan 2005. | ||||||
| (26) | Bush fire prone land | |||||
| The development must not be carried out on bush fire prone land. | ||||||
| (27) | Flood prone land | |||||
| May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with. |
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| (28) | Trees |
| The development must not involve the removal of a tree identified as significant on any approved subdivision plan applying to the land. | |
| Note. The removal of trees to enable the carrying out of any of the development listed in this Schedule may be exempt development under Schedule 1, or complying development under this Schedule or may require development consent under clause 14 of this plan. |
3 Strata subdivision
|
The development comprises subdivision for the purpose of creating a strata scheme under the Strata Schemes (Freehold Development) Act 1973 in relation to a building for which an occupation certificate has been issued.
| (2) | Parking |
| Parking spaces must be allocated to units in accordance with the terms of any existing development consent applying to the premises. | |
| (3) | Visitor parking required to be provided under the terms of any existing development consent applying to the premises must be located within common property. |
| (4) | Development lots |
| The strata plan must not include any development lot, as defined in the Strata Schemes (Freehold Development) Act 1973. |
4 Swimming pools ancillary to dwelling-houses
Note. Swimming pools are subject to requirements under the Swimming
Pools Act 1992.
Decks may be installed around swimming pools as exempt development
(see Schedule 1).
| (1) | Siting |
| Inside edge of the pool must be at least 1 metre from side and rear property boundaries. | |
| (2) | Must not be located between the dwelling-house and the street alignment. |
| (3) | Must not encroach on any easement, pipeline or watercourse. |
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| (4) | Bulk and scale | |||
| All decking around the pool must be no more than 1 metre above ground level (existing) at any point and a minimum of 0.9 metre from side and rear property boundaries. | ||||
| (5) | Landscaping | |||
| The percentage of the area of the relevant lot comprising surfaces that are permeable to rainwater must be at least 20 per cent following installation. | ||||
| (6) | Drainage | |||
| Must not impede existing site drainage or restrict or divert stormwater or floodwaters. | ||||
| (7) | Perimeter drainage around the pool must be designed so as to direct water away from adjoining properties. | |||
| (8) | Wastewater from the pool’s filtration system must discharge to: | |||
| ||||
| (9) | Flood prone land | |||
| May be carried out on flood prone land if the relevant provisions of Newcastle Development Control Plan 2005 are complied with. |
5 Tree removal
|
Tree must not be a heritage item, or located on land that contains a heritage item, that is listed in Schedule 6.
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| (5) | Threatened species | |||
| Tree must not be, or comprise a part of, a threatened species, population or ecological community listed in: | ||||
| ||||
| Note 2. Removal and pruning of trees is also provided for under other legislation, including the Electricity Supply Act 1995, the Local Government Act 1993 (in relation to trees on council land), the Roads Act 1993, the Rural Fires Act 1997 and the Trees (Disputes Between Neighbours) Act 2006. | ||||
| Note 1. The term remove is defined in clause 37 (1) of this plan. consent of the appropriate roads authority under the Roads Act 1993. |
| Part 2 | Complying development certificate conditions |
Note. Conditions are also prescribed by the regulations made under the Act.
| Division 1 | Change of use |
6 Hours of operation
Hours of operation must not extend beyond any existing approved hours.
Note. A current development consent applying to the premises may contain conditions on the permitted hours of operation.
7 Conditions of another development consent
The new use must be carried out in accordance with any conditions of a current development consent relating to the premises, including car parking, loading, vehicular movement, traffic generation, waste management, noise and site landscaping.
8 Use of curtilage
The curtilage of commercial offices must not be used for storage or display purposes.
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| Division 2 | Building work, demolition and installation of swimming pools |
9 Before work begins
The person having the benefit of the complying development certificate must give any occupier of adjoining premises at least 2 days’ notice before work begins.
Note. See also section 86 of the Act, which requires certain steps to be taken before the erection of a building begins. These include the principal certifying authority notifying the Council of his or her appointment.
10 Site management
|
| (a) | diverting uncontaminated run-off around cleared or disturbed areas, and |
| (b) | erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and |
| (c) | preventing tracking of sediment by vehicles onto roads, and |
| (d) | stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site. |
Note. Under the Protection of the Environment Operations Act 1997, it is an offence to pollute any waters.
| (2) | Any removal or disturbance of vegetation or topsoil must be confined to within 3 metres of the proposed building. |
11 Hours of work
|
| (a) | Monday–Friday—7.00am and 6.00pm, |
| (b) | Saturday—8.00am and 1.00pm. |
| (2) | No such work may be carried out at any time on a Sunday or a public holiday. |
12 Public roads and reserves
|
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| (2) | No part of any public road is to be used for storage of construction materials without the approval of the appropriate roads authority under the Roads Act 1993. |
| (3) | No part of any public reserve is to be used for storage of construction materials without the authorisation of the Council. |
13 On-site toilet
A temporary on-site toilet or access to an existing toilet on site must be provided to the site before the commencement of work.
14 Asbestos
Any work involving asbestos cement must comply with the following WorkCover Authority guidelines:
| (a) | Working with asbestos: Guide 2008 (ISBN 0 7310 5159 9), |
| (b) | Guide to licence applicants for friable or bonded asbestos (January 2008). |
15 Street trees
|
16 Additional provisions applying to demolition of a building
Any demolition of a building must be carried out in accordance
with:
| (a) | Australian Standard AS 2601—2001, Demolition of structures, and |
| (b) | any applicable requirements of the WorkCover Authority. |
17 Additional provisions applying to swimming pools
|
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| (2) | Any relevant provisions of the Swimming Pools Act 1992 and regulations under that Act must be complied with. |
| Division 3 | Tree removal |
18 Site management
|
| (a) | diverting uncontaminated run-off around cleared or disturbed areas, and |
| (b) | erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and |
| (c) | preventing tracking of sediment by vehicles onto roads, and |
| (d) | stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site. |
Note. Under the Protection of the Environment Operations Act 1997 it is an offence to pollute any waters.
| (2) | Any removal or disturbance of vegetation (other than the tree) or topsoil is to be minimised. |
19 Hours of work
|
| (a) | Monday–Friday—7.00am and 6.00pm, |
| (b) | Saturday—8.00am and 1.00pm. |
| (2) | No such work may be carried out at any time on a Sunday or a public holiday. |
20 Public roads and reserves
|
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
21 Replacement trees
Where practicable, a suitable replacement tree is to be planted on the property concerned in accordance with Element 4.10 of Newcastle Development Control Plan 2005.
22 Safe work practices
The work must comply with the WorkCover Authority’s Code of Practice For The Amenity Tree Industry (ISBN 0 7310 8738 0, August 1998).
23 Disposal of trees
Trees and stumps are to be:
| (a) | disposed of at a waste management facility, or |
| (b) | recycled, or |
| (c) | disposed of as fire wood. |
[33] Schedule 5 Classification and reclassification of public land as operational land
Insert at the end of Part 2 of the Schedule:
Part Lot 6, Sec 1, DP 29, known as 67 Cowper Street, Wallsend, as shown edged heavy black on Sheet 15 of the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 4)”.
[34] Schedule 6 Heritage items and heritage conservation areas
Insert in alphabetical order of suburb and alphabetical and numerical order of street name and number and alphabetical order of item name, under the headings “Suburb”, “Item name”, “Address”, “Property description” and “Significance”, respectively:
|
| Edwards Girls | Street | 1082583, Lot |
| Home | 2665 DP 755247 |
| Bar Beach | Shed | 334A Darby | Lot 100 DP | Local |
| Street | 883543 | |||
| Bar Beach | Reid Park | 1–7 Kilgour | Pt Lot 258 and | Local |
| Tennis | Avenue | Lot 3140 DP | ||
| Clubhouse and | 755247 | |||
| Tennis Courts |
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Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| Bar Beach | Residence | 10 Parkway | Lot 2 DP | Local |
| Ave | 513566 | |||
| Cooks Hill | Horse Trough | Corner of | Local | |
| Darby and Young Streets | ||||
| Cooks Hill | Former St | 250 Darby | Lot 2 DP | Local |
| Hilda’s Hostel | Street | 872146 | ||
| Cooks Hill | Von Bertouch | 61 Laman | Lot 1 DP | State |
| Galleries | Street | 851075, Lot 21 DP 825796 | ||
| Cooks Hill | Dr Watkins | 64 Parkway | Lots 125 and | Local |
| House | Avenue | 126 DP 37825 | ||
| Cooks Hill | Residence | 79 Parkway | Lot 115 DP | Local |
| Avenue | 154294 | |||
| Elermore Vale | Jubilee | 124 Cardiff | Lot 20A DP | Local |
| ventilation | Road | 17677 | ||
| shaft (Wallsend Colliery) | ||||
| Elermore Vale | Former West | Glendale to | Local | |
| Wallsend | Wallsend | |||
| Steam Tram Line | ||||
| Islington | Hamilton | 6 Fern Street | Lot 1 DP | Local |
| Station Hotel | 75464 | |||
| Merewether | Merewether | 25 Caldwell | Lot 1 DP | Local |
| Baby Health | Street | 1103114 | ||
| Clinic | ||||
| Merewether | Former Glebe | 101 City Road | Lots 33 and 34 | Local |
| Methodist | Sec 7 DP | |||
| Church | 111240 |
| Merewether | Residence | 1A Curry Street Lot 1 DP | Local |
866521
| Merewether | Brown Sisters’ | 8 Janet Street | Lot 1 DP | Local |
| Convent | 210515 | |||
| Merewether | Holy Family | 19 Janet Street | Lot 1 DP | Local |
| Parish Hall | (Ridge Street) | 547032 | ||
| Merewether | Residence | 8 Kempster | Lots 90 and 91 | Local |
| Road | DP 1082365 | |||
| Merewether | Former Police | 85 Llewellyn | Lot 101 DP | Local |
| Station | Street | 829724 | ||
| 2009 No 136 |
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Amendment of Newcastle Local Environmental Plan 2003 | Schedule 1 |
| Merewether | Blairgowrie | 39 Lloyd Street Lot 1 DP | Local |
| (Residence) | 514500 |
| Merewether | Merewether | 75 Morgan | Lot 3 DP | Local |
| Baptist Church | Street | 153084 | ||
| Merewether | Residence | 26 Rowan | Lot 91 DP | Local |
| Crescent | 521593 | |||
| Newcastle | Sunnyside | 44 Newcomen | Lot 41 DP | Local |
| (Residence) | Street | 1060945 | ||
| Newcastle | Miss | 45 Perkins | Lot 1 DP | Local |
| Chippendale’s | Street | 1034041 | ||
| School Room | ||||
| The Hill | Captain Allan’s | 19 Barker | Lot 343 DP | Local |
| House | Street | 54152 | ||
| The Hill | St Ronans | 18 Bingle | Lot B DP | State |
| (Residence) | Street | 420523 | ||
| The Hill | Bishopscourt | 34 Brown | Lot 102 DP | Local |
| (Residence) | Street | 1020129 | ||
| The Hill | Gate and Stairs | 52 Church | Lot 1 DP | Local |
| Street | 594939 | |||
| The Hill | Newcastle | 60 Newcomen | Lot 1 DP | Local |
| Grammar | Street | 198891 | ||
| School— Berkeley House Building | ||||
| The Hill | Newcastle | 60 Newcomen | Lot 1 DP | Local |
| Grammar | Street | 198891 | ||
| School— Merrick House Building | ||||
| The Hill | Former Stables | 8/60 Tyrrell | Lot 53 SP | Local |
| Street | 69660 | |||
| The Junction | Residence | 26 Farquhar | Lot 80 DP | Local |
| Street | 95001 | |||
| The Junction | Former | 28 Farquhar | Lot 81 DP | Local |
| Primitive | Street | 95001 | ||
| Methodist Parsonage |
2009 No 136
Newcastle Local Environmental Plan 2003 (Amendment No 4)
| Schedule 1 | Amendment of Newcastle Local Environmental Plan 2003 |
| The Junction | St Joseph’s | 34 Kenrick | Pt Lot 38 and | Local |
| Convent and | Street | Lots 39, 40 and | ||
| School Group | 43–50 Sec N | |||
| (incorporating | DP 978941 | |||
| St Thomas More Centre) | ||||
| Wickham | Former New | 2/33 Annie | Lot 3 DP | Local |
| Zealand Loan | Street | 346352 | ||
| Co Wool Store |
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