Newcastle Local Environmental Plan 2003 (NSW)

Part 1Strategic direction and application of plan1Name of plan

This plan is Newcastle Local Environmental Plan 2003.

2Land to which plan applies(1)

This plan applies to all land within the City of Newcastle, except as provided by subclause (2).

(2)

This plan does not apply to land to which Newcastle City Centre Local Environmental Plan 2008 applies.

3Explanatory notes

Notes which appear in this plan are explanatory only and do not form part of the plan.

4Context and relationship to other environmental planning instruments(1)

This plan sets a planning framework to help achieve the objects of the Act in the City of Newcastle.

(2)

This plan provides a basis for the preparation of development control plans to guide and assist the preparation, assessment and determination of development applications.

(3)

This plan:

(a)
(Repealed)
(b)
repeals clause 2 (3) and Part 10 of, and Schedule 3 to, Hunter Regional Environmental Plan 1989.

5Aims and general objectives

This plan has the following aims and general objectives:

Aim 1

To respect, protect and complement the natural and cultural heritage, the identity and image, and the sense of place of the City of Newcastle.

Objectives

The objectives are to:

(a)
respect and build upon positive aspects of local character and amenity, and
(b)
contribute positively to the public domain, namely its urban streetscapes and open spaces, or its rural and natural landscapes, and
(c)
conserve the environmental heritage of the City of Newcastle, and
(d)
conserve the heritage significance of the existing built fabric, relics, settings and views associated with identified heritage items and heritage conservation areas, and
(e)
ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and
(f)
protect places and structures which have the potential to have heritage significance but have not been identified as heritage items, and
(g)
ensure that nominated heritage conservation areas retain their heritage significance.

Aim 2

To conserve and manage the natural and built resources of the City of Newcastle for present and future generations, and to apply the principles of ecologically sustainable development (ESD) in the City of Newcastle.

Objectives

The objectives are to:

(a)
protect and enhance biodiversity, and
(b)
minimise the use of non-renewable resources and optimise the use of renewable resources, and
(c)
minimise, and where possible eliminate, waste and pollution, and
(d)
rehabilitate soil, water and vegetation, where damaged by past activities, and
(e)
address natural hazards and other risks such as flooding, bushfire, mine subsidence, landslip, coastal inundation, soil and groundwater contamination, acid sulphate soils and the like, and
(f)
ensure buildings are designed to be capable of being readily adapted for reuse for one or more purposes.

Aim 3

To contribute to the economic well being of the community in a socially and environmentally responsible manner.

Objectives

The objectives are to:

(a)
where possible create sustainable employment opportunities, and
(b)
contribute to a greater degree of economic and employment self-sufficiency in the City of Newcastle, its urban centres and its neighbourhoods, as well as in the Hunter Region, and
(c)
not jeopardise the ongoing operation and potential of the port of Newcastle, the adjacent industrial lands and the associated significant freight transport undertakings, and
(d)
reinforce the roles of established urban centres in their present hierarchy, comprising the city centre, the district centres and the local centres, as generally described in the Newcastle Urban Strategy, and
(e)
contribute positively to urban centres being focal points for employment, particularly in the service sectors of the economy, and
(f)
provide for home based businesses that are compatible with the character and amenity of the neighbourhood in which they are to be located, and
(g)
take advantage of and contribute to those locations not in urban centres, which are valuable to the economy of the City of Newcastle and the Hunter Region.

Aim 4

To improve the quality of life and well being of the people of the City of Newcastle.

Objectives

The objectives are to:

(a)
maximise positive social impacts and eliminate or minimise potentially detrimental social impacts, and
(b)
optimise safety and security, both for the development and for the public realm, and
(c)
promote inclusiveness in the provision of access to accommodation, facilities or services, and
(d)
contribute positively to the functional efficiency, accessibility and urban quality of the City of Newcastle, and
(e)
ensure adequate provision of utility services.

Aim 5

To facilitate a diverse and compatible mix of land uses in and adjacent to the urban centres of the City of Newcastle, to support increased patronage of public transport and help reduce travel demand and private motor-vehicle dependency.

Objectives

The objectives are to:

(a)
contribute to the diversity of and synergies between activities in and around urban centres, including housing, employment, service delivery and community activity, and
(b)
contribute positively to urban centres being places that are and will become more highly desirable places in which to reside as well as work, and
(c)
optimise the shared use of streets and parking facilities, while improving or creating a safe, attractive, friendly and efficient pedestrian and cycling environment.

Aim 6

To encourage a diversity of housing types in locations that improve access to employment opportunities, public transport, community facilities and services, retail and commercial services, and the like.

Objectives

The objectives are to:

(a)
facilitate improved housing choice for the people of the City of Newcastle, and
(b)
add to the stock of urban housing in and within a reasonable walking distance of local centres, district centres, the city centre, and other public transport nodes, and
(c)
ensure that urban housing is constructed in a manner that can accommodate or be adapted to the needs of a variety of household types.

6Method

This plan sets the framework for the achievement of its aims and objectives by:

(a)
defining zones and identifying those zones on a set of maps called the zoning map, and
(b)
providing guidance for the assessment and determination of development applications having consideration for the environmental, economic and social impact of proposed development and its contribution to the achievement of the aims and objectives of the plan as well as the specific zone objectives nominated for the various zones under the plan, and
(c)
identifying Central Honeysuckle, Freeway North Business Park, Steel River and the Dan Land as areas that have specific planning objectives, procedures and criteria applying to them, and
(d)
identifying items of environmental heritage and heritage conservation areas and providing for their protection, and
(e)
providing for the use of land for temporary purposes and the acquisition of land reserved for public purposes, and
(f)
requiring that certain environmental matters, such as the presence of bush fire prone land, acid sulphate soils or the impact of Hunter River flooding are adequately considered in the assessment of development applications, and
(g)
providing for vegetation management and the protection of trees, and
(h)
providing for the public advertisement and appropriate referral of certain development proposed under the plan, and
(i)
providing for the suspension of those parts of covenants and other private agreements that hinder the implementation of the plan.

7Consent authority(1)

The Council is the consent authority for the purposes of this plan, except where otherwise specified under the Act.

(2)

(Repealed)

8Requirements for development

In addition to the other heads of consideration set out in section 79C (1) of the Act, the consent authority must have regard to the following particular matters before granting consent to proposed development:

(a)
the relevant aims and general objectives of this plan,
(b)
the relevant zone objectives nominated by this plan for the particular zone in which the land concerned is situated, as shown on the zoning map,
(c)
any other relevant provision of this plan.

9Transitional provision

Despite clause 4 (3), Newcastle Local Environmental Plan 1987, as in force immediately before the commencement of this plan, continues to apply to a development application relating to land to which this plan applies, if:

(a)
the application was made but not finally determined before the commencement of this plan, and
(b)
the development which is the subject of the application is prohibited under the provisions of this plan, but was permissible with consent under that plan.

Part 2General controls for development10Exempt development

Development specified in Schedule 1 is exempt development if:

(a)
it is development that is of a kind that can be carried out with consent on the land on which it is proposed, and
(b)
it complies with the relevant development standards and any other requirements specified in that Schedule for the particular form of development proposed, and
(c)
it does not contravene any condition of development consent applying to the subject land, and
(d)
it is not carried out on land identified as an Aboriginal place or on which there is a known Aboriginal relic, or that has been dedicated or reserved under the National Parks and Wildlife Act 1974, and
(e)
it is not carried out on community land the subject of a resolution of the Council:
- (i)
  under section 36C of the Local Government Act 1993 (relating to areas containing significant natural features), or
- (ii)
  under section 36D of the Local Government Act 1993 (relating to areas of cultural significance), and
(f)
it is not carried out on flood prone land unless otherwise stated in Schedule 1, and
(g)
it is not carried out on land that is critical habitat or the subject of a recovery plan or threat abatement plan that specifies measures to be taken in respect of the land under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, and
(h)
it is not carried out on land that is, or is likely to be, affected by elevated concentrations of soil or groundwater contaminants unless a site audit statement certifies that the land is suitable for the proposed development, and
(i)
it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(j)
it does not restrict any approved car parking facility or vehicular or pedestrian access to or from the site, and
(k)
it does not obstruct the drainage of the site on which it is carried out or the drainage of adjacent lands.

11Complying development

Development specified in Part 1 of Schedule 2 is complying development if:

(a)
it is development that is of a kind that can be carried out with consent on the land on which it is proposed, and
(b)
it complies with any requirements specified in Part 1 of that Schedule for the particular form of development proposed, and
(c)
it does not contravene any condition of development consent applying to the subject land, and
(d)
it is not carried out on land identified as an Aboriginal place or on which there is a known Aboriginal relic, or that has been dedicated or reserved under the National Parks and Wildlife Act 1974, and
(e)
it is not carried out on community land the subject of a resolution of the Council:
- (i)
  under section 36C of the Local Government Act 1993 (relating to areas containing significant natural features), or
- (ii)
  under section 36D of the Local Government Act 1993 (relating to areas of cultural significance), and
(f)
it is not carried out on flood prone land unless otherwise stated in Schedule 2, and
(g)
it is not carried out on land that is critical habitat or the subject of a recovery plan or threat abatement plan that specifies measures to be taken in respect of the land under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, and
(h)
it is not carried out on land that is, or is likely to be, affected by elevated concentrations of soil or groundwater contaminants unless a site audit statement certifies that the land is suitable for the proposed development, and
(i)
a certificate of compliance has been obtained for the development, if required from the Hunter Water Corporation, and
(j)
it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(k)
it does not restrict any approved car parking facility or vehicular or pedestrian access to or from the site.

12Conditions for complying development

A complying development certificate issued for complying development under this plan is subject to the standard conditions for complying development specified in Part 2 of Schedule 2.

13Development that does not require consent

Except as otherwise provided by this plan, the following do not require consent:

(a)
exempt development identified in clause 10,
(b)
utility undertakings described in Schedule 4 when carried out by a public authority,
(c)
anything specified in section 4B (3) of the Act,
(d)
development below high water mark for purposes related to the operation of the Port of Newcastle by the Newcastle Port Authority,
(e)
environmental protection works,
(f)
emergency bush fire hazard reduction work or fire fighting acts,
(g)
managed bush fire hazard reduction work on land other than excluded land.

14Development that requires consent

Except as otherwise provided by this plan, the following may be carried out only with development consent:

(a)
a use of land,
(b)
the subdivision of land,
(c)
the erection of a building,
(d)
the carrying out of a work, including:
- (i)
  the excavation, filling or dredging of land, and
- (ii)
  the disposal of waste,
(e)
the removal or pruning of a tree or the clearing of native vegetation,
(f)
the injuring or poisoning of a tree,
(g)
the demolition or removal of a building, work, relic or place in whole or in part,
(h)
works involving a heritage item or within a heritage conservation area involving the alteration of a building, work or relic by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which would not adversely affect any heritage significance it may have,
(i)
altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its interior, except changes resulting from any maintenance necessary for its ongoing protective care which would not adversely affect any heritage significance it may have,
(j)
disturbing or excavating a place of Aboriginal heritage significance or 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 or destroyed,
(k)
the moving to another location of a building or relic,
(l)
the display of an advertising sign,
(m)
the carrying out of a utility undertaking described in Schedule 4 otherwise than by a public authority.

15Development that is prohibited

Except as otherwise provided by this plan, the following development is prohibited:

(a)
development for the purpose of hazardous industries, hazardous storage establishments, offensive industries or offensive storage establishments,
(b)
the carrying out of particular land uses within a zone if nominated as prohibited development in the zone.

16Zonings(1)

For the purposes of this plan, land within the City of Newcastle is within a zone if so indicated on the zoning map in accordance with the Table to this clause.

(2)

Except as otherwise provided by this plan, the development that may be carried out without consent, only with the consent of the consent authority, and that is prohibited, is specified in the Table to this clause under the headings “Development without consent”, “Development only with consent” and “Prohibited development”, respectively, for each of the zones under this plan.

Rural Residential Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “1 (a)” or coloured beige on the zoning map.

2Zone objectives

(a)
To accommodate rural and semi-residential development that is compatible with surrounding land uses, sensitive to the environment and sympathetic to rural and natural landscapes.
(b)
To respect the biodiversity, habitat, landscape and cultural values of the rural and semi-rural parts of the City of Newcastle.
(c)
To require the disposal of generated waste on site, where practicable, and the implementation of soil and water management systems that minimise the environmental impact of development.
(d)
To respect the cultural, historic and landscape values of the site and the locality.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Development for the purpose of:

•
agriculture
•
animal establishments
•
bed and breakfast accommodation
•
camping grounds or caravan parks
•
childcare centres
•
clearing
•
community facilities
•
convenience shops
•
dwellings
•
dwelling-houses
•
educational establishments
•
environmental facilities
•
home employment
•
home workplaces
•
mines
•
plant nurseries
•
recreation areas
•
roadside stalls
•
tree removal
•
utility undertakings

Demolition.

Subdivision.

5Prohibited development

Any development not identified in item 3 or 4.

Residential Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “2 (a)” or coloured yellow on the zoning map.

2Zone objectives

(a)
To accommodate a diversity of housing forms that respect the amenity, heritage and character of surrounding development and the quality of the environment.
(b)
To accommodate home-based business and community facilities that do not unreasonably or significantly detract from the amenity or character of the neighbourhood and the quality of the environment.
(c)
To require the retention of existing housing stock where appropriate, having regard to ESD principles.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
advertising signs
•
advertising structures
•
aerodromes
•
airstrips
•
animal establishments
•
automotive services
•
boarding houses
•
brothels
•
bulky goods retail outlets
•
camping grounds or caravan parks
•
car repair stations
•
cemeteries
•
clubs
•
commercial offices
•
commercial premises
•
crematoriums
•
eco-generating works
•
eco-tourism facilities
•
electronic communication centres
•
extractive industries
•
generating works
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
heliports
•
home workplaces
•
hospitals
•
hotels
•
industries
•
institutions
•
intensive agriculture
•
light industries
•
liquid fuel depots
•
local shops
•
marinas
•
mines
•
motor showrooms
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
passenger terminals
•
places of assembly
•
places of worship
•
plant nurseries
•
pond-based aquaculture
•
ports
•
recreation areas
•
recreation facilities
•
restaurants
•
roadside stalls
•
serviced apartments
•
sex aid establishments
•
sexual entertainment establishments
•
shops
•
tank-based aquaculture
•
transport depots
•
warehouses
•
waste management facilities or works

Urban Core Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “2 (b)” or coloured orange on the zoning map.

2Zone objectives

(a)
To provide for a diversity of housing types that respect the amenity, heritage and character of surrounding development and the quality of the environment.
(b)
To accommodate a mix of home-based employment-generating activities that are compatible in scale and character with a predominantly residential environment.
(c)
To accommodate a limited range of non-residential development of a scale and intensity compatible with a predominantly residential environment which does not unreasonably detract from the amenity or character of the neighbourhood or the quality of the environment.
(d)
To require the retention of existing housing stock where appropriate, having regard to ESD principles.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
advertising signs
•
advertising structures
•
aerodromes
•
airstrips
•
animal establishments
•
automotive services
•
brothels
•
bulky goods retail outlets
•
camping grounds or caravan parks
•
car repair stations
•
cemeteries
•
clubs
•
commercial offices
•
commercial premises
•
crematoriums
•
eco-generating works
•
eco-tourism facilities
•
electronic communication centres
•
extractive industries
•
generating works
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
heliports
•
hotels
•
industries
•
intensive agriculture
•
light industries
•
liquid fuel depots
•
local shops
•
marinas
•
mines
•
motor showrooms
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
passenger terminals
•
plant nurseries
•
pond-based aquaculture
•
ports
•
recreation areas
•
recreation facilities
•
restaurants
•
roadside stalls
•
sex aid establishments
•
sexual entertainment establishments
•
shops
•
tank-based aquaculture
•
transport depots
•
warehouses
•
waste management facilities or works

Local Centre Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “3 (a)” or coloured bright red on the zoning map.

2Zone objectives

(a)
To provide for a compatible mix of business and housing in accessible locations, that could reasonably be expected to serve a local community with a population in the order of 5,000 people, which will maintain the hierarchy of urban centres throughout the City of Newcastle and will not prejudice the viability of the District Centre or the City Centre zone.
(b)
To conserve and enhance the built character and cultural heritage of local centres and to reinforce their vitality and viability.
(c)
To accommodate activities that serve the social, cultural and recreational needs of the local community.
(d)
To encourage residential development to be designed and located above or adjacent to core retail frontages in order to contribute to a safe, attractive, friendly, accessible and efficient pedestrian environment.
(e)
To ensure that new development has regard to the character and amenity of adjacent residential areas.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
aerodromes
•
agriculture
•
airstrips
•
animal establishments
•
brothels
•
bulky goods retail outlets
•
camping grounds or caravan parks
•
cemeteries
•
crematoriums
•
eco-generating works
•
eco-tourism facilities
•
electronic communication centres
•
exhibition villages
•
extractive industries
•
generating works
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
heliports
•
industries other than light industries
•
intensive agriculture
•
liquid fuel depots
•
marinas
•
mines
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
passenger terminals
•
pond-based aquaculture
•
ports
•
roadside stalls
•
sex aid establishments
•
sexual entertainment establishments
•
shops
•
tank-based aquaculture
•
transport depots
•
warehouses
•
waste management facilities or works

District Centre Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “3 (b)” or coloured red on the zoning map.

2Zone objectives

(a)
To provide for a compatible mix of retail, commercial, recreational and other compatible employment activities that could reasonably be expected to service a district with a population in the order of 20,000–30,000 people and maintain the hierarchy of urban centres throughout the City of Newcastle.
(b)
To recognise and not prejudice the viability of the Newcastle City Centre as the pre-eminent retail, commercial, administrative, social, cultural and recreational centre of the City of Newcastle and the Hunter Region.
(c)
To encourage a compatible and balanced mix of residential and commercial development above or adjacent to core retail frontages that contributes to a safe, attractive, friendly, accessible and efficient pedestrian environment.
(d)
To conserve and enhance the built character and cultural heritage of district centres to reinforce their character and improve their vitality and viability.
(e)
To ensure that new development has regard to the character and amenity of adjacent residential areas.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
aerodromes
•
agriculture
•
airstrips
•
animal establishments
•
camping grounds or caravan parks
•
cemeteries
•
crematoriums
•
eco-generating works
•
eco-tourism facilities
•
exhibition villages
•
extractive industries
•
generating works
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
heliports
•
industries other than light industries
•
intensive agriculture
•
liquid fuel depots
•
marinas
•
mines
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
pond-based aquaculture
•
ports
•
roadside stalls
•
tank-based aquaculture
•
transport depots
•
warehouses
•
waste management facilities or works

City Centre Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “3 (c)” or coloured light red on the zoning map.

2Zone objectives

(a)
To promote the Newcastle City Centre as the pre-eminent regional centre of the Hunter providing for activities of a higher functional order and development intensity than is provided for in District Centre and Local Centre zones under this plan.
(b)
To accommodate a diverse and compatible range of uses and activities within the City Centre, within its street blocks and within individual buildings and sites, including high density residential development and a wide range of employment generating activities, such as:
- (i)
  commercial and retail development, and
- (ii)
  cultural and entertainment facilities, and
- (iii)
  tourism, leisure and recreation functions, and
- (iv)
  social, education and health services, and
- (v)
  small scale light industries and service industries.
(c)
To accommodate compatible mixed use development above or adjacent to core retail and commercial street frontages that contributes to a safe, attractive and efficient pedestrian environment.
(d)
To conserve and enhance the rich cultural and built heritage of the City Centre to reinforce its unique character and improve its vitality and viability.
(e)
To enable development of waterfront sites to take advantage of the harbour while avoiding a continuous built edge along the waterfront, and not compromising or devaluing the scale and operations of the Port of Newcastle.
(f)
To provide for the creation and maintenance of easily located public access and view corridors.
(g)
To provide for development that is consistent in scale and character with:
- (i)
  other development in the locality and the City Centre generally, and
- (ii)
  the landscape and streetscape context of the City Centre including, but not limited to, the city skyline, the foreshore, the coast and the Port of Newcastle.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
aerodromes
•
agriculture
•
airstrips
•
animal establishments
•
camping grounds or caravan parks
•
cemeteries
•
crematoriums
•
eco-generating works
•
eco-tourism facilities
•
exhibition villages
•
extractive industries
•
generating works
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
heliports
•
industries other than light industries
•
intensive agriculture
•
liquid fuel depots
•
mines
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
pond-based aquaculture
•
roadside stalls
•
tank-based aquaculture
•
waste management facilities or works

Mixed Use Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “3 (d)” or coloured light purple on the zoning map.

2Zone objectives

(a)
To provide for a range of compatible land uses, such as residential accommodation and appropriate employment-generating development including low intensity retailing, commercial and light industrial development within close proximity to key transport routes.
(b)
To promote and facilitate opportunities to live and conduct business on a mixed use basis.
(c)
To ensure that the scale, design and nature of development contributes positively to the visual quality of key transport corridors.
(d)
To ensure that appropriate employment-generating development including low intensity retailing, commercial or light industrial development respects the residential amenity of the neighbourhood.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
aerodromes
•
agriculture
•
airstrips
•
animal establishments
•
camping grounds or caravan parks
•
cemeteries
•
crematoriums
•
eco-generating works
•
eco-tourism facilities
•
exhibition villages
•
extractive industries
•
generating works
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
heliports
•
industries other than light industries
•
intensive agriculture
•
liquid fuel depots
•
marinas
•
mines
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
pond-based aquaculture
•
ports
•
roadside stalls
•
tank-based aquaculture
•
waste management facilities or works

Urban Services Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “4 (a)” or coloured purple on the zoning map.

2Zone objectives

(a)
To accommodate a wide range of light industrial, transport and storage activities which do not adversely affect the amenity of the neighbourhood.
(b)
To accommodate a wide range of employment-generating uses and associated support facilities with good access to the arterial road network for freight movement.
(c)
To accommodate sales and storage operations requiring extensive space such as bulky goods retail outlets, which will not prejudice the viability of local centres, district centres or the Newcastle City Centre.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
aerodromes
•
agriculture
•
airstrips
•
bed and breakfast accommodation
•
boarding houses
•
camping grounds or caravan parks
•
cemeteries
•
clubs
•
commercial offices
•
dwellings or dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry)
•
eco-tourism facilities
•
educational establishments
•
exhibition homes
•
exhibition villages
•
extractive industries
•
generating works
•
hazardous industries
•
hazardous storage establishments
•
heliports
•
hospitals
•
hotels
•
industries other than light industries
•
institutions
•
intensive agriculture
•
liquid fuel depots
•
local shops
•
mines
•
motels
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
pond-based aquaculture
•
ports
•
restaurants
•
roadside stalls
•
serviced apartments
•
shops
•
urban housing
•
waste management facilities or works

Port and Industry Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “4 (b)” or coloured brown on the zoning map.

2Zone objectives

(a)
To accommodate port, industrial, maritime industrial, and bulk storage activities which by their nature or the scale of their operations require separation from residential areas and other sensitive land uses.
(b)
To require that development of land within 750 metres from the high-water mark of the shores of the Port of Newcastle, capable of docking ocean-going vessels, is used for purposes that:
- (i)
  require a waterfront location that provides direct access to deep water, or
- (ii)
  depend upon water-borne transport of raw materials or finished products, or
- (iii)
  have a functional relationship that necessitates proximity to the activities described above.
(c)
To facilitate sustainable development through the application of industrial ecology.
(d)
To provide for other development which will not significantly detract from the operation of large scale industries or port-related activities, that is primarily intended to provide services to persons employed in such industries and activities.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
agriculture
•
bed and breakfast accommodation
•
boarding houses
•
bulky goods retail outlets
•
camping grounds or caravan parks
•
cemeteries
•
child care centres
•
commercial offices
•
dwellings or dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry)
•
eco-tourism facilities
•
educational establishments
•
exhibition homes
•
exhibition villages
•
hazardous industries
•
hazardous storage establishments
•
hospitals
•
hotels
•
institutions
•
intensive agriculture
•
local shops
•
motels
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
places of assembly
•
places of worship
•
pond-based aquaculture
•
recreation areas
•
roadside stalls
•
serviced apartments
•
shops
•
urban housing

Steel River Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “4 (c)” or coloured with light brown spots on the zoning map.

2Zone objectives

(a)
To facilitate the development of employment-generating industrial, research, service or storage activities.
(b)
To allow commercial, retail or other development only where it is:
- (i)
  ancillary to the use of land within this zone for industrial, research, service or storage purposes, or
- (ii)
  primarily intended to provide personal services and community facilities to persons occupied or employed in activities otherwise permitted in this zone or for the benefit of the local community.
(c)
To ensure that any such commercial, retail or other development is unlikely to be prejudicial:
- (i)
  to employment-generating activities, or
- (ii)
  to the viability of existing commercial centres.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
advertising structures
•
aerodromes
•
agriculture
•
airstrips
•
bed and breakfast accommodation
•
boarding houses
•
camping grounds or caravan parks
•
cemeteries
•
commercial offices
•
dwellings or dwelling-houses (other than those used in conjunction with industry or commercial premises and situated on the same land as the industry or commercial premises)
•
exhibition homes
•
exhibition villages
•
extractive industries
•
hazardous industries
•
hazardous storage establishments
•
heliports
•
hospitals
•
hotels
•
institutions
•
local shops
•
mines
•
motels
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
pond-based aquaculture
•
roadside stalls
•
serviced apartments
•
shops
•
urban housing

Special Uses Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “5 (a)” or coloured dark blue on the zoning map, followed by a particular land use nominated in respect of the site.

2Zone objectives

(a)
To accommodate major transport networks and facilities.
(b)
To accommodate large scale facilities and services, together with ancillary activities.
(c)
To accommodate large scale community establishments, together with ancillary activities.
(d)
To require development to be integrated and reasonably consistent in scale and character with surrounding natural, rural or urban environments.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
advertising structures
•
aerodromes
•
airstrips
•
animal establishments
•
automotive services
•
brothels
•
bulky goods retail outlets
•
camping grounds or caravan parks
•
car repair stations
•
clubs
•
commercial premises
•
exhibition villages
•
extractive industries
•
hazardous industries
•
hazardous storage establishments
•
heliports
•
hotels
•
industries other than light industries
•
intensive agriculture
•
liquid fuel depots
•
marinas
•
mines
•
motor showrooms
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
places of assembly
•
pond-based aquaculture
•
ports
•
roadside stalls
•
sex aid establishments
•
sexual entertainment establishments
•
shops
•
tank-based aquaculture
•
transport depots
•
warehouses

Special Uses Reservation Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “5 (b)” or coloured light blue on the zoning map, followed by a particular land use nominated in respect of the site.

2Zone objectives

(a)
To reserve land for future essential services including roads, railways, open space and community purposes.
(b)
To reserve for open space purposes land possessing special recreational, aesthetic, ecological or conservation value.
(c)
To protect land that is to be acquired for a public purpose from inappropriate development.
(d)
To allow the development of land within this zone for an interim purpose where it is not immediately required, provided that such development does not affect the usefulness of the land for the nominated purpose for which it is required.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Any development not identified in item 3 or 5.

5Prohibited development

Development for the purpose of:

•
advertising structures
•
aerodromes
•
airstrips
•
animal establishments
•
automotive services
•
boarding houses
•
brothels
•
bulky goods retail outlets
•
camping grounds or caravan parks
•
car repair stations
•
clubs
•
commercial offices
•
commercial premises
•
dwelling-houses
•
eco-tourism facilities
•
electronic communication centres
•
exhibition villages
•
extractive industries
•
goods terminals
•
hazardous industries
•
hazardous storage establishments
•
heliports
•
home workplaces
•
hotels
•
industries
•
intensive agriculture
•
light industries
•
liquid fuel depots
•
local shops
•
marinas
•
mines
•
motels
•
motor showrooms
•
natural water-based aquaculture
•
offensive industries
•
offensive storage establishments
•
places of assembly
•
plant nurseries
•
pond-based aquaculture
•
ports
•
recreation areas
•
recreation facilities
•
restaurants
•
roadside stalls
•
serviced apartments
•
sex aid establishments
•
sexual entertainment establishments
•
shops
•
tank-based aquaculture
•
transport depots
•
urban housing
•
warehouses
•
waste management facilities or works

Open Space and Recreation Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “6 (a)” or coloured bright green on the zoning map.

2Zone objectives

(a)
To accommodate leisure, recreation and sports facilities in parks, gardens, plazas and other open spaces, for the general use of the community, where consistent with an adopted plan of management under the Local Government Act 1993 or the Crown Lands Act 1989.
(b)
To provide for the conservation of urban bushland where associated with parks and other open spaces.
(c)
To accommodate other facilities for the benefit of the community that are compatible and consistent with the heritage and character of the open space and with the character and amenity of the neighbourhood.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Development for the purpose of:

•
camping grounds or caravan parks
•
childcare centres
•
clearing
•
clubs
•
community facilities
•
convenience shops
•
dwellings
•
dwelling-houses
•
eco-generating works
•
eco-tourism facilities
•
environmental facilities
•
flood works
•
helipads
•
home employment
•
marinas
•
passenger terminals
•
places of assembly
•
recreation areas
•
recreation facilities
•
restaurants
•
tree removal
•
utility undertakings

Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.

Demolition.

Subdivision.

5Prohibited development

Any development not identified in item 3 or 4.

Conservation Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “7 (a)” or coloured light green on the zoning map.

2Zone objectives

(a)
To provide for the conservation of the rural and bushland character of the land that forms the scenic edge of and the gateway to urban Newcastle.
(b)
To provide for the conservation, enhancement and protection of environmentally sensitive land, such as remnant bushland, in both urban and rural localities.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Development for the purpose of:

•
airstrips
•
agriculture
•
animal establishments
•
bed and breakfast accommodation
•
camping grounds or caravan parks
•
cemeteries
•
child care centres
•
clearing
•
community facilities
•
convenience shops
•
dwellings
•
dwelling-houses
•
eco-generating works
•
eco-tourism facilities
•
educational establishments
•
environmental facilities
•
flood works
•
helipads
•
home employment
•
home workplaces
•
institutions
•
natural water-based aquaculture
•
plant nurseries
•
pond-based aquaculture
•
recreation areas
•
roadside stalls
•
tank-based aquaculture
•
tree removal
•
utility undertakings

Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.

Demolition.

Subdivision.

5Prohibited development

Any development not identified in item 3 or 4.

Environmental Protection Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “7 (b)” or coloured dark green on the zoning map.

2Zone objectives

(a)
To provide for the conservation, enhancement and protection of environmentally sensitive land, particularly wetlands.
(b)
To allow limited development where it is unlikely to have a significant detrimental effect on the growth of natural communities, the survival of native wildlife populations, the provision and quality of habitats for indigenous and migratory species and the surface and ground water characteristics of the site.
(c)
To provide for the management of the majority of the Hunter River flood plain by restricting the type and scale of development to that compatible with the anticipated risk to life and property.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Development for the purpose of:

•
agriculture
•
clearing
•
dwellings
•
dwelling-houses
•
eco-generating works
•
environmental facilities
•
flood works
•
recreation areas
•
tree removal
•
utility undertakings

Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.

Demolition.

Subdivision.

5Prohibited development

Any development not identified in item 3 or 4.

Environmental Investigation Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “7 (c)” or coloured pale pink on the zoning map.

2Zone objectives

(a)
To provide for the development of land for purposes which will not, or will be unlikely to, prejudice its possible future development for urban purposes or its environmental conservation.
(b)
To conserve the rural or bushland character, and the biodiversity values or other conservation values, of the land.

3Development without consent

Any development identified in clause 13.

4Development only with consent

Development for the purpose of:

•
agriculture
•
airstrips
•
animal establishments
•
bed and breakfast accommodation
•
clearing
•
dwellings
•
dwelling-houses
•
eco-generating works
•
environmental facilities
•
flood works
•
helipads
•
home employment
•
home workplaces
•
intensive agriculture
•
mines
•
plant nurseries
•
recreation areas
•
roadside stalls
•
tree removal
•
utility undertakings

Demolition.

Subdivision.

5Prohibited development

Any development not identified in item 3 or 4.

National Parks Zone1Manner shown on zoning map

Land in this zone is edged heavy black and marked “8 (a)” or coloured khaki on the zoning map.

2Zone objectives

To provide for the management and appropriate development of land which is reserved or dedicated under the National Parks and Wildlife Act 1974.

3Development without consent

Any development authorised by or under the National Parks and Wildlife Act 1974 and any development incidental or ancillary to such development.

4Development only with consent

Nil.

5Prohibited development

Any development not identified in item 3.

Part 3Special provisions17Subdivision(1)

A subdivision is prohibited if it would create a lot comprised of land within more than one zone, except as provided subclause (2).

(2)

Despite subclause (1), the consent authority may consent to a subdivision that creates such a lot if at least 90% of the land in the lot is within the same zone.

(3)

Any lot created under the exception provided by subclause (2) is taken to be wholly within the zone in which the largest part of the land in the lot is included.

(4)

Consent must not be granted to subdivision of land in Zone 1 (a), 6 (a), 7 (a), 7 (b) or 7 (c) unless the subdivision is complying development.

18Covenants(1)

Any covenant, agreement or like instrument, which is contrary to development that is permitted and for which consent has been granted under this plan, does not apply to the extent to which the covenant, agreement or instrument would prevent or restrict the development from being undertaken in accordance with the consent.

(2)

Subclause (1) does not apply to a registered instrument that confers a benefit on a public authority.

(3)

The Governor approved of subclauses (1) and (2) pursuant to section 28 of the Act prior to the making of this plan.

19Classification and reclassification of public land as operational land(1)

The public land referred to in Schedule 5 is classified or reclassified as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)

In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions or covenants affecting the land or any part of the land, except for:

(a1)
those (if any) specified in relation to the land in Part 2 of Schedule 5, and
(a)
any reservations that except land out of a Crown grant relating to the land, and
(b)
reservations of minerals (within the meaning of the Crown Lands Act 1989).

(3)

Before the relevant amending plan inserted a description of land in Part 2 of Schedule 5, the Governor approved of subclause (2) applying to the land.

(4)

In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 5, means this plan or, if the description of the land is inserted into that Part by another local environmental plan, that plan.

(4A)

Land described in Part 3 of Schedule 5:

(a)
to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b)
continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(5)

Land described in Part 1 of Schedule 5 is not affected by the amendments to section 30 of the Local Government Act 1993 made by the Local Government Amendment (Community Land Management) Act 1998.

20Use of land for temporary purposes

Despite any other provision of this plan, a person may, with development consent, use land for a temporary purpose for a period of not more than 72 hours, whether consecutive or not, if:

(a)
in the opinion of the consent authority, the use would have no significant adverse impacts on the environment or the amenity of the neighbourhood, and
(b)
the use would not involve the erection of or alteration to any structure being a structure or alteration intended to be permanent, and
(c)
the use consists of an activity that has been approved by the Council.

21Reservation of land for public purposes, its interim use and its acquisitionNote—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1)

In this clause:

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

the SRA means the State Rail Authority.

vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

(2)

The owner of any land within Zone 5 (b) may, by notice in writing, require:

(a)
the RTA to acquire that land if it is marked “Arterial Road” on the zoning map, or
(b)
the SRA to acquire that land if it is marked “Rail” on the zoning map, or
(c)
the Council to acquire other land nominated for another purpose on the zoning map.

(3)

On receipt of a notice under subclause (2), the public authority concerned shall acquire the land if:

(a)
in the case of land marked “Arterial Road” or “Rail” on the zoning map, the land is included in the 5-year works program of the RTA or the SRA, respectively, current at the time of the notice, or
(b)
in the case of land referred to in subclause (2) (c), the land is included in a section 94 contributions plan or a Council adopted works program current at the time of the notice, or
(c)
in the case of land marked “Arterial Road” or “Rail” on the zoning map, the RTA or the SRA, respectively, has decided not to give its concurrence under subclause (5) (a) to an application to carry out development on the land, or
(d)
the Council has decided not to grant consent to develop the land on the basis of the matters specified in subclause (6), or
(e)
the public authority required to acquire the land is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable timeframe.

(4)

Despite subclause (3), the public authority concerned need not acquire the land if it might reasonably be required to be dedicated for the purpose for which it has been reserved, as marked on the zoning map.

(5)

Despite any other provision of this plan, land marked “Arterial Road” or “Rail” may be developed with the consent of the Council for any purpose that may be carried out in an adjacent zone.

(6)

In deciding whether to grant consent to proposed development, the Council must take the following matters into consideration:

(a)
the need to carry out development on the land for the purpose nominated on the zoning map,
(b)
the imminence of acquisition,
(c)
the likely additional cost to the authority concerned resulting from the carrying out of the proposed development.

22Certain industrial land at Hexham(1)

This clause applies to land in Zone 4 (b) shown by diagonal cross-hatching on the zoning map.

(2)

The consent authority shall not consent to development that involves filling of land to which this clause applies unless:

(a)
a comprehensive filling and stormwater drainage master plan for the site has been prepared by a practising engineer experienced in flood management which confirms that the land is able to be filled without adverse impacts on adjoining lands or on the overall flood environment, and
(b)
an emergency response plan has been prepared to the satisfaction of the State Emergency Services area controller providing for the position of warnings and the safe evacuation of persons in the event of inundation of the site by floodwaters and the proposed development complies with the provisions of that plan.

23Access to arterial roads(1)

Unless subclause (2) has been complied with, a person shall not carry out development on land which adjoins an arterial road unless direct vehicular access to the land is made by way of a road that is not an arterial road.

(2)

Consent may be granted to development that involves direct vehicular access from a development site to an arterial road if alternative access to that development site is provided by a road that is not an arterial road or by a proposed road identified as an access road in a development control plan or, in the opinion of the consent authority, alternative access is not practicable.

(3)

(Repealed)

24Development of land below high water mark

A person shall not carry out development on any land:

(a)
below high water mark, or
(b)
forming part of the bed of a river, creek, bay, lagoon or other natural watercourse, or
(c)
which has been reclaimed,

except with development consent.

25Acid sulfate soils(1)

In this clause:

works means any disturbance of more than one tonne of soils, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), the construction of footings or erection of foundations, flood works, or any other works that are likely to lower the water-table.

(2)

A person shall not, without the consent of the consent authority, carry out works on land to which this plan applies, being Class 1, 2, 3, 4, or 5 land as indicated on the “Potential Acid Sulphate Soils Planning Map”, being works specified for the respective class of land in the following Table, except as otherwise provided by this clause:

Acid sulphate soils table

Class of land	Works to which this clause applies
1	Any works.
2	Works below the ground surface. Works by which the water table is likely to be lowered.
3	Works more than 1 metre below the natural ground level. Works by which the water table is likely to be lowered beyond 1 metre below natural ground surface.
4	Works more than 2 metres below the natural ground level. Works by which the water table is likely to be lowered more than 2 metres below natural ground surface.
5	Works within 500 metres of adjacent Class 1, 2, 3, or 4 land which are likely to lower the water table more than 1 metre on that adjacent Class 1, 2, 3, or 4 land.

(3)

The consent authority shall not grant consent required by subclause (2) unless it has considered:

(a)
the adequacy of an acid sulphate soils management plan prepared for the proposed development in accordance with the Acid Sulphate Soils Manual, and
(b)
the likelihood of the proposed development resulting in the discharge of acid into ground or surface water, and
(c)
(Repealed)

(4)

Despite subclause (2), consent is not required for the carrying out of the works specified in that subclause, if:

(a)
a copy of a preliminary assessment of the proposed works, undertaken in accordance with the Acid Sulphate Soils Manual, has been provided to the consent authority, and
(b)
the consent authority has provided written advice to the person proposing to carry out the works, confirming that, on the basis of the preliminary assessment, the proposed works will not require the preparation of an acid sulphate soils management plan in accordance with the Acid Sulphate Soils Manual.

(5)

Despite subclause (2), development may be carried out by the Council, the Hunter Water Corporation or the Hunter Catchment Management Trust, without consent, being:

(a)
development consisting of emergency works, or
(b)
development consisting of routine maintenance, or
(c)
development consisting of minor works,

except that development referred to in paragraph (c) on premises that are a heritage item may be carried out only with the consent of the consent authority.

(6)

Where the Council, the Hunter Water Corporation or the Hunter Catchment Management Trust carries out development referred to in subclause (5) and encounters, or is likely to encounter acid sulphate soils, the authority concerned shall properly deal with those soils in accordance with the Acid Sulphate Soils Manual so as to minimise the actual or potential impact to the environment arising from their disturbance.

26Bush fire prone land

The consent authority shall not grant consent to development on bush fire prone land unless the consent authority is satisfied with the measures proposed to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire.

26ADevelopment for certain additional purposes(1)

Nothing in this plan prevents a person, with the consent of the consent authority, from carrying out development on land referred to in Schedule 8 for a purpose specified in relation to that land in that Schedule, subject to such conditions (if any) as are so specified.

(2)

Subclause (1) does not affect the application to or in respect of development to which this clause applies of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the consent authority in respect of the development.

26BInfrastructure development and use of existing buildings of the Crown(1)

This plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out 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.

Part 4Environmental heritage conservation27Heritage assessment(1)

In assessing a development application to carry out work, including demolition work, on a heritage item or within a heritage conservation area, the consent authority shall have regard to the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or the heritage conservation area.

(2)

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 shall include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to the assessment of these issues if the heritage significance of the particular item or area involves other issues):

(a)
for development that involves a heritage item:
- (i)
  the heritage significance of the item as part of the environmental heritage of the City of Newcastle, and
- (ii)
  the impact the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
- (iii)
  the measures proposed to conserve the heritage significance of the item and its setting,
(b)
for development that is proposed to be carried out within a heritage conservation area:
- (i)
  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to the heritage significance of the area, and
- (ii)
  the impact the proposed development would have on the heritage significance of the heritage conservation area, and
- (iii)
  the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the scale, form, orientation, setbacks, materials and detailing of the proposed development, and
- (iv)
  the measures proposed to protect the significance of the heritage conservation area and its setting, and
- (v)
  whether any landscape or horticultural features which contribute to the heritage significance of the area would be affected by the proposed development.

Note—

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).

28Conservation management

In assessing a development application to carry out work on a heritage item, the consent authority may, if it considers it to be appropriate, require the submission of a conservation management plan and have regard to the plan’s recommendations.

29Advertised development(1)

The following development is identified as advertised development for the purposes of the definition of advertised development in section 4 (1) of the Act:

(a)
the demolition of a heritage item or a building, work, relic, tree or place in a heritage conservation area,

(b)
development referred to in clause 34.

(2)

This clause does not apply to the demolition or partial demolition of a building or work within a heritage conservation area which, in the opinion of the consent authority, is of a minor nature and would not adversely affect the heritage significance of the heritage conservation area.

(Repealed)

31Development affecting places or sites of Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority shall:

(a)
consider a heritage impact statement, which addresses the heritage impact of the proposed development, and
(b)
notify local Aboriginal communities of the proposed development and take into consideration any comments received in response within 21 days from the date of notification.

32Development affecting archaeological sites or relics of non-Aboriginal heritage significance(1)

Before granting consent for development that will be carried out on an archaeological site of a relic that has non-Aboriginal heritage significance, the consent authority shall consider a heritage impact statement which addresses the heritage impact of the proposed development.

(2)

This clause does not apply if the proposed development does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development.

33Development in the vicinity of a heritage item or heritage conservation area

Before granting consent to development in the immediate vicinity of a heritage item or a heritage conservation area, the consent authority shall assess the impact of the proposed development on the heritage significance of the heritage item or the heritage conservation area and, in this regard, the consent authority may require the submission of a heritage impact statement.

34Conservation incentives

Despite any other provisions of this plan, the consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which a heritage item is erected, if:

(a)
it is satisfied, on the basis of a heritage impact statement that the proposed use would not adversely affect the heritage significance of the heritage item or its setting and the conservation of the heritage item would be promoted or encouraged by the granting of the consent, and
(b)
the proposed use is not contrary to the provisions of any conservation management plan applicable to the site which has been endorsed by the consent authority, and
(c)
the granting of the consent to the proposed use would ensure that necessary conservation work identified in the conservation management plan is carried out, and
(d)
the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

Part 5Honeysuckle, Freeway North Business Park, Steel River and the Dan Land35Central Honeysuckle and Linwood(1)

In this clause, Central Honeysuckle means land at Honeysuckle shown edged heavy black on the map in Schedule 7 (the Central Honeysuckle public domain concept plan).

(2)

When granting consent to development on land in Central Honeysuckle, the consent authority shall ensure that:

(a)
not less than 6.5 hectares or 25% of the total land area of Central Honeysuckle will be available as public open space or public domain, located approximately as shown on the map in Schedule 7, and
(b)
a continuous public promenade at least 6 metres wide is provided along the harbour foreshore, which may divert away from the water’s edge only because of reasonable operational requirements made by adjoining land uses.

(3)

Despite any other provision of this plan, land in Central Honeysuckle within either Zone 3 (c) or 6 (a) may, with consent, be developed for any purpose for which land in the other zone may be developed, but only if the consent authority is satisfied that carrying out the proposed development:

(a)
will achieve better urban design outcomes than would be achieved if it were not carried out, and
(b)
will not reduce the total amount of land in Central Honeysuckle that is available for public open space purposes below the amount specified in subclause (2) (a) and shown as public domain on the map in Schedule 7.

(4)

Despite any other provision of this plan, consent may be granted for the carrying out on any land in Central Honeysuckle of development that is prohibited in Zone 3 (c) if the consent authority is satisfied that the development is compatible with other lawful development that is being or may be carried out on land in Central Honeysuckle.

(5)

Despite any other provision of this plan, consent may be granted for the carrying out of development for the purpose of a restaurant at Linwood within Lot 1 SP 68299 and for development for the purpose of alfresco dining in conjunction with that development on land within 10 metres of that lot.

36Land in Zone 4 (c) at Mayfield West(1)

This clause applies to land at Mayfield West, shown edged heavy black and marked “4 (c)” or shown with light brown spots on the zoning map.

(2)

In this clause:

environmental envelope means all the requirements set out in Part D of the Strategic Impact Assessment Study, and includes (without limitation) the requirements relating to the following:

(a)
air quality, noise emissions and water quality,
(b)
industrial ecology and ecologically sustainable development,
(c)
the social and economic welfare of residents and workers in Newcastle,
(d)
urban design and landscaping,
(e)
the cultural, historic and landscape significance of the land.

qualified person means a person:

(a)
who holds qualifications in a relevant field (such as town planning, engineering, architecture or environmental sciences) that are recognised by a professional association and the Council, and
(b)
who has been registered with the Council as a qualified person for the relevant purpose of preparing the study requested under subclause (5).

Strategic Impact Assessment Study means the study titled Strategic Impact Assessment Study concerning land at Tourle Street and Industrial Drive, Mayfield—the Steel River Project, approved by the Council and dated February 1998, a copy of which is available at the office of the Council.

(3)

On receipt of a development application with respect to land to which this clause applies, the consent authority shall:

(a)
give public notice of the receipt of the application, within 7 days of its receipt, in a newspaper circulating in the City of Newcastle, and
(b)
invite the public to inspect the proposal, at a place and at a time specified in the notice.

(4)

The consent authority shall not grant consent to the carrying out of development on land to which this clause applies unless:

(a)
the development is allowed with consent within Zone 4 (c) and complies with the environmental envelope, and
(b)
the environmental effects of any aspect of the development relating to air quality, noise emissions or water quality that have not been addressed in the Strategic Impact Assessment Study, meet any relevant standards determined by the Department of Environment and Climate Change.

(5)

The consent authority should, within 28 days of receipt of a development application relating to land to which this clause applies, grant consent to the carrying out of the development, if it is satisfied that:

(a)
a study prepared by a qualified person demonstrates that the provisions of subclause (4) have been met, and
(b)
the consent authority has met its obligations under Part 4 of the Act with respect to the assessment of the development application and, in particular, the matters required to be taken into consideration under section 79C (1) of the Act.

(6)

The Council shall undertake a full review of the environmental envelope at regular intervals from the commencement of this plan and shall, at least annually, make public a copy of the monitoring reports furnished under the environmental envelope.

(7)

In carrying out any such review, the Council shall consult with the Department of Environment and Climate Change and any other groups it considers appropriate and give the public an opportunity to comment on the draft review.

(8)

Any such review is to include recommendations for changes to the Strategic Impact Assessment Study that are appropriate to ensure that a high standard of environmental protection is maintained.

(9)

The Council and the owners of the land to which this clause applies are to establish a Liaison Committee to meet regularly with representatives of the Community Association (referred to in the Strategic Impact Assessment Study) and members of the public to share and obtain information on environmental monitoring and the performance of individual developments on the land as well as the aggregate environmental performance of development on the land.

(10)

The provisions of any development control plans approved by the Council prior to the commencement of this plan do not apply to the land to which this clause applies.

36AThe Dan Land(1)

In this clause, the Dan Land means land at 290 and 302 Minmi Road, Fletcher (Lot 11, DP 1044935 and Lot 2, DP 534168) in the local government area of Newcastle, as shown edged heavy black on the zoning map.

(2)

Despite any other provision of this plan, development for any of the following purposes is prohibited on any part of the Dan Land that is within Zone 7 (b):

(a)
agriculture,
(b)
dwelling-houses,
(c)
dwellings.

Note—

The Dan Land is identified as a State significant site in Schedule 3 to State Environmental Planning Policy (Major Projects) 2005.

36BFreeway North Business Park(1)

In this clause, Freeway North Business Park means Lot 17, DP 226431, Lots 11–16, DP 1091199, Lots 7 and 8, DP 396036, Lot D, DP 388733, Lot 9, DP 509255, Lot 10, DP 416248, Lot 11, DP 508747, Lot 12, DP 416248, Lot 13, DP 203406, Lots 225 and 226, DP 1054242, Lot 14, DP 207961, Lot E, DP 388733, Lots 15 and 16, DP 510628 and Lot 22, DP 532814.

(2)

Despite any other provision of this plan, development for any of the following purposes is prohibited on any part of the Freeway North Business Park that is within Zone 7 (b) Environmental Protection Zone:

(a)
agriculture,
(b)
dwelling-houses,
(c)
dwellings.

Part 6Definitions37Definitions(1)

In this plan the following terms have the meanings indicated:

1% annual exceedance probability flood level means a flood level that has a 1 in 100 chance of being reached in any one given year.

acid sulphate soils means actual acid sulphate soils or potential acid sulphate soils.

Acid Sulphate Soils Manual means the Acid Sulphate Soils Manual as published by the Acid Sulphate Soils Management Advisory Committee and for the time being adopted by the Director-General of the Department.

act of prostitution has the same meaning as in section 20 of the Summary Offences Act 1988.

actual acid sulphate soils means acid sulphate soils containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulphides, primarily pyrite, where the soil material has a pH of less then 4.0 when measured in dry season conditions, overlying potential acid sulphate soils or soils containing more than 0.05% oxidisable sulphur.

advertisement has the same meaning as in the Act.

Note—

The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

advertising sign means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which:

(a)
is visible from any public place or public reserve, or from any navigable waterway, and
(b)
is not a road traffic signal or sign.

advertising structure has the same meaning as in the Act.

aerodrome means a landing field for aeroplanes, which includes permanent landing equipment, terminal buildings, hangars and other ancillary facilities.

agriculture means:

(a)
the production of crops or fodder, or
(b)
the keeping or breeding of livestock, bees, poultry or other birds, or
(c)
horticulture, including fruit, vegetable and flower crop production, and wholesale plant nurseries, or
(d)
the grazing of livestock,

but does not include the clearing of land or anything elsewhere defined in this plan.

airstrip means a single runway forming a landing ground for aeroplanes, but does not include permanent terminal buildings, hangars or the like.

animal establishment means a building or place used for the breeding, boarding, training, keeping of, or caring for, animals on a commercial basis but does not include a building or place elsewhere defined in this plan.

archaeological site means the site of one or more known relics.

arterial road means a road that is the responsibility of the State government to construct and maintain.

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.

automotive services means a building or place used for the fuelling or servicing of motor vehicles involving the sale by retail of petrol and other petroleum products, whether or not the place is also used for any one or more of the following:

(a)
the sale by retail of spare parts and accessories for motor vehicles,
(b)
washing and greasing of motor vehicles,
(c)
installation of accessories,
(d)
the sale by retail of general merchandise, provided the gross floor area so used does not exceed 150 square metres.

BCA means the Building Code of Australia as defined in section 4 (1) of the Act.

bed and breakfast accommodation means an establishment operated by the permanent residents of a dwelling-house which:

(a)
provides temporary accommodation for travellers, and
(b)
offers meals for guests only, and
(c)
does not accommodate more than 12 persons, and
(d)
does not have a floor area greater than 300 square metres, and
(e)
does not contain cooking facilities within guests’ rooms for the preparation of meals, and
(f)
is not used in whole or in part for the permanent or long term accommodation of any person other than the person or persons who normally reside in the dwelling-house, and
(g)
is contained wholly within the curtilage of the dwelling-house.

boarding house means a building let as lodgings or a hostel, but does not include a motel.

brothel means premises used for carrying out an act or acts of prostitution or any other organised sexual activity, irrespective of whether or not other services are provided such as massage, relaxation therapy, photography or 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.

bulky goods retail outlet means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a)
a large area for handling, storage or display, and
(b)
direct vehicular access to and loading facilities at the building or place for use by members of the public, for the purpose of loading items into their vehicles after purchase,

but does not include use of a building or place for the sale of foodstuffs or clothing or a building or place elsewhere defined in this plan.

bush fire prone land has the same meaning as in the Act.

bush fire prone land map has the same meaning as in the Act.

business identification sign means a sign:

(a)
that indicates:
- (i)
  the name of the person or business, and
- (ii)
  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)
that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person who does not carry on business at the premises or place.

camping ground or caravan park means a place used for placing tents, other temporary accommodation, or movable dwellings for permanent accommodation or for temporary accommodation by tourists.

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being:

(a)
body building, or
(b)
panel beating which involves dismantling, or
(c)
spray painting other than of a touching-up character.

cemetery means a building or place for the burying of deceased people or animals, or both, and may include a chapel, temple or other place of worship used for conducting funeral services.

child care centre means a building or place used or intended for use for the purpose of educating, minding or caring (without provision of residential care) for 6 or more children under 6 years of age, not related to the person so using the building or place, but does not include an educational establishment.

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.

clearing means cutting down, thinning, killing, poisoning, burning, slashing, uprooting or removing, or substantially damaging, native vegetation.

club means a building or place used by persons associated, or a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building or place is the premises of a club registered under the Registered Clubs Act 1976.

commercial office means a building used as an office for commercial purposes otherwise than in association with an industrial or other commercial or recreational activity on the same site.

commercial premises means a building or place used for general business or commercial purposes, but does not include a building or place elsewhere defined in this plan.

community facility means a building or place owned or controlled by a public authority or a community group which provides for the physical, social, cultural or intellectual development, safety or welfare of the community, but does not include a building or place elsewhere defined in this plan.

community group means a body of persons having articles of association or a constitution which provides that the group operates on a “not for profit” basis and where the services and facilities of the group are available to the community.

community land has the same meaning as in the Local Government Act 1993.

conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management measures that are appropriate to enable that significance to be retained.

convenience shop means a shop which:

(a)
is situated on a single allotment or parcel of land in the same ownership, and
(b)
has a gross floor area not exceeding 150 square metres, and
(c)
provides convenience goods or services to the local area.

crematorium means a furnace for cremating human corpses and includes a building containing such a furnace and any ancillary chapel or building.

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.

Lot 2 DP 225689	State
Newcastle	Newcastle War Memorial Cultural Centre	1 Laman Street	State
Newcastle	The Newcastle Club	40 Newcomen Street	Lots 1 and 2 DP 997519	State
Newcastle	Claremont (Former residence)	40 Newcomen Street	Lot 2 DP 997519	State
Newcastle	Sunnyside (Residence)	44 Newcomen Street	Lot 41 DP 1060945	Local
Newcastle	Terrace House	49 Newcomen Street	Lot 61 DP 569796	Local
Newcastle	Newcomen House (Residence)	51 Newcomen Street	Lot 1 DP 794738	Local
Newcastle	Newcastle Hospital North Wing	21 Pacific Street	Lot 22 DP 880526	State
Newcastle	Former Nurses Home	30 Pacific Street	Lot 100 DP 883220	Local
Newcastle	Former Victoria Theatre	8–10 Perkins Street	Lot 1 DP 1005699	State
Newcastle	Miss Chippendale’s School Room	45 Perkins Street	Lot 1 DP 1034041	Local
Newcastle	House	49 Perkins Street	Lot 1 DP 854928	Local
Newcastle	Former Superintendent’s Residence	88 Scott Street	Lot 3211 DP 722246	State
Newcastle	Former Coutts Sailor Home	88 Scott Street (facing Bond Street)	Lot 3211 DP 722246	State
Newcastle	Great Northern Hotel	89 Scott Street	Lot 100 DP 834251	State
Newcastle	Former Residence	90 Scott Street	Lot 1 DP 123946	Local
Newcastle	Convict Lumber Yard—Stockade Site	92 Scott Street	Pt Lot 2 DP 706760, Lot 3214 DP 729000	State
Newcastle	Station Master’s Residence	92 Scott Street	Pt Lot 2 DP 706760	Local
Newcastle	Former Station Master’s Residence	92 Scott Street	Pt Lot 2 DP 706760	State
Newcastle	Former Railway Pay Office	92 Scott Street (facing Bond Street)	Pt Lot 2 DP 706760	State
Newcastle	Newcastle Railway Station	110 Scott Street	Lot 8 DP 720672	State
Newcastle	Centennial Hotel	127 Scott and 114 Hunter Streets	Lots 1 and 2 DP 745997	Local
Newcastle	Air Force Club (Wood Chambers)	129 Scott Street	Lot 1 DP 996093	State
Newcastle	Rundles Buildings (Former R Hall &Sons)	161 Scott Street	SP 57218	Local
Newcastle	Former Beberfaulds Warehouse	175 Scott Street	SP 35541, SP 37388	Local
Newcastle	Shepherds Hill Group (includes residence, observation post and gun placement)	41 The Terrace	Lot 3116 DP 755247	State
Newcastle	Howard Smith Chambers	14 Watt Street	SP 16024	Local
Newcastle	Manufacturers House	35–37 Watt Street	Lot 1 DP 342578	State
Newcastle	St Phillips Church	48 Watt Street	Lot 38 DP 54152	Local
Newcastle	Watt Street Terrace	50 Watt Street	Lot 12 DP 24188	State
Newcastle	Watt Street Terrace	52 Watt Street	Lot 13 DP 24188	State
Newcastle	Watt Street Terrace	54 Watt Street	Lot 14 DP 24188	State
Newcastle	United Services Club	55 Watt Street	Lot 2 DP 609103	Local
Newcastle	Watt Street Terrace	56 Watt Street	Lot 15 DP 24188	State
Newcastle	Watt Street Terrace	58 Watt Street	Lot 16 DP 24188	State
Newcastle	Watt Street Terrace	60 Watt Street	Lot 17 DP 24188	State
Newcastle	Watt Street Terrace	62 Watt Street	Lot 18 DP 24188	State
Newcastle	Former Military Hospital	72 Watt Street	Pt DP 755247	State
Newcastle	Former Barracks	72 Watt Street	Pt DP 755247	State
Newcastle	Fletcher Monument	75 Watt Street	Ms 1135 Md	Local
Newcastle	Argyle House	311 Wharf Road	Lot 190 DP 541370	State
Newcastle	Retaining walls with sandstone steps	Wolfe Street	Local
Newcastle	Segenhoe (Residential units)	50 Wolfe Street	SP 19837	Local
Newcastle East	Nobbys Lighthouse, headland and breakwater	Nobbys Road
Newcastle East	Fort Scratchely group (Buildings and underground forts)	31 Nobbys Road	Lot 1 DP 407886	State
Newcastle East	Nobbys Beach Pavilion	35 Nobbys Road	Pt R 88721	Local
Newcastle East	Boatmans Terrace group (Residences)	36–66 Nobbys Road	Lot 1 DP 617504	Local
Newcastle East	Column from original Courthouse	Parnell Place	Pt N 137–844R	Local
Newcastle East	Coal Memorial	Parnell Place	Pt N 137–844R	Local
Newcastle East	The Retreat (Residence)	31 Parnell Place	Lot 4 DP 4296	Local
Newcastle East	The Carlton (Residential units)	19 Scott Street	SP 39163	Local
Newcastle East	Former Newcastle East Police Station	63 Scott Street	Lot 328 DP 758769	State
Newcastle East	Soldiers Baths	Shortland Esplanade	State
Newcastle East	Ocean Baths	30 Shortland Esplanade	Pt Ms 1133 Md	Local
Newcastle East	Stevenson Place Precinct (Terraces)	1–55 Stevenson Place	Local
Newcastle East	Former John Bull Warehouse	28 Stevenson Place	SP 48754	Local
Newcastle East	Former Earp Gillam Bond Store	16 Telford Street	SP 44807	State
Newcastle East	Tyrrell House (Facade only)	49 Telford Street	SP 20749	Local
Newcastle East	Stone Boat Harbour (Relic)	48 Wharf Road	Pt Lot 52 DP 791037	State
Newcastle West	Former City Bank	553–557 Hunter Street	Lots A and B DP 162398	Local
Newcastle West	Former CBC Bank	559 Hunter Street	Lot 941 DP 997920	Local
Newcastle West	Newcastle Technical College	590–608 Hunter Street	Lots 1 and 2 DP 852552	State
Newcastle West	Hunter Water Board Building	599 Hunter Street	Lot 1 DP 595677	Local
Newcastle West	Theatre Royale	669 Hunter Street	Lot 111 DP 75158	State
Newcastle West	Palais Royale	684 Hunter Street	Lot 11 DP 872463	Local
Newcastle West	Bellevue Hotel	738 Hunter Street	Lot 8 DP 1008628	Local
Newcastle West	Bank Corner (Former Bank of NSW)	744 Hunter Street	Lot 1 DP 75008, Lot 1 DP 196241	Local
Newcastle West	Regional Museum	787 Hunter Street	Lot 21 DP 774313	State
Newcastle West	St Josephs Convent and Sacred Heart Church and School	841 Hunter Street	Lot 2 DP 787816, Lot 1 DP 129569, Lots 38 and 39 DP 95306, Lot 1 DP 95139	Local
Newcastle West	Former Newcastle Co-operative Store	854 Hunter Street	Lot 1 DP 82517	Local
Newcastle West	Dairy Farmers Building	924 Hunter Street	Lot 2 DP 445736	Local
Newcastle West	Miss Porter’s Residence	434 King Street	Lot 441 DP 998073	State
Newcastle West	Army Drill Hall	498 King Street	Lot 1 DP 222839	Local
Newcastle West	Birdwood Park	502 King Street	Pt Lots 112–118 DP 95185	Local
Newcastle West	Hamilton College of TAFE	91 Parry Street	Lot 1 DP 584429	Local
Newcastle West	Former Gasworks Office	18 Steel Street	Lot 1 DP 797175	Local
North Lambton	Residence	288 Newcastle Road	Lot 181 DP 561160	Local
North Lambton	Residence	298 Newcastle Road	Lot 101 DP 587293	Local
North Lambton	Former Reservoir Hotel	330 Newcastle Road	Lot 28 Sec B DP 1700	Local
North Lambton	Former Red Lion Hotel	414 Newcastle Road	Lot 2 DP 405066	Local
North Lambton	Quarrymans Cottage	15 Percy Street	Lot 15 Sec C DP 96	Local
Sandgate	Sandgate Cemetery	108 Maitland Road	Pt DP 755247	Local
Sandgate	Sandgate Cemetery Railway Spur	108 Maitland Road	Local
Sandgate	Sandgate Cemetery Office	116 Maitland Road	Lot 2913 DP 755247	Local
Sandgate	2HD Studio	173 Maitland Road	Pt Lots 36 and 37 DP 37259, Lot 1 DP 783568, Lot 1 DP 997590	Local
Shortland	Uniting Church	272 Sandgate Road	Lot 100 DP 705646	Local
Stockton	St Pauls Anglican Church Group	2 Church Street	Pt Lot 1 DP 60307	Local
Stockton	Stockton Public School	10 Clyde Street	Lots 10 and 11 Sec 22 DP 753191, Lot 101 Sec 22 DP 192889, Lot 110 DP 821006	Local
Stockton	Mine Disaster Memorial	Cnr Clyde and Mitchell Streets	Local
Stockton	Former Sister Ogden’s Hospital	29 Crown Street	Lots 14 and 15 Sec A DP 6865	Local
Stockton	Stockton Horse Trough	Douglas Street	Local
Stockton	St Peter in Chains Hall	1–5 Dunbar Street	Lot 1 Sec S DP 984043, Lots 19–21 Sec B DP 6865	Local
Stockton	St Peter in Chains Presbytery	7 Dunbar Street	Lot 1 DP 840256	Local
Stockton	Stockton Centre	342 Fullerton Road	Lot 430 DP 835921	Local
Stockton	Former Locomotive Ash Pit	Fullerton Street	Local
Stockton	Prawners Slipway	Fullerton Street	Local
Stockton	Boat Harbour (Place)	Fullerton Street	Local
Stockton	The Laurels (Residence)	48 Fullerton Street	Lot 1 DP 731739	Local
Stockton	Former Callen Residence	118 Fullerton Street	Lot A DP 314946	Local
Stockton	Boatrowers Hotel	130A Fullerton Street	Lot 6 Sec 10 DP 192889	Local
Stockton	Copse of Acacia Karroo (trees)	201 Fullerton Street	Lot 1 DP 529611	Local
Stockton	The Ballast Ground (Place)	Fullerton Street and Wharf Crescent	Local
Stockton	Stockton Fire Station	36 Hereford Street	Lot 15 Sec 12 DP 753191	Local
Stockton	St Giles Presbyterian Church	91 Hereford Street	Lot 1 DP 1000364	Local
Stockton	Former St Paul’s Rectory	32 Maitland Street	Lot 1 DP 343745	Local
Stockton	General Washington Hotel	1 Mitchell Street	Lot 1 DP 82959, Lots 58 and 59 DP 753191	Local
Stockton	Former Savoy Picture Theatre	68 Mitchell Street	Lot 51 DP 617372	Local
Stockton	Beach Cafe	115 Mitchell Street	Lot 1 DP 949659	Local
Stockton	Residence	121–123 Mitchell Street	Lot 7 Sec 23 DP 192889	Local
Stockton	The John Slade Memorial Pavilion	124 Mitchell Street	R 79066	Local
Stockton	War Memorial	124 Mitchell Street	Closed Road—(R 79066)	Local
Stockton	Former Sister Brown’s Residence	139 Mitchell Street	Lot 1 DP 323545	Local
Stockton	Ocean View Flats	179 Mitchell Street	Lot 201 DP 614477	Local
Stockton	Former Police Station/Residence	1A Newcastle Street	Pt Lot 4 DP 213040	Local
Stockton	Wreck of Adolphe	Pitt Street	Off Breakwater	Local
Stockton	Residence	1 Queen Street	Lot 1 DP 799919	Local
Tarro	Tarro Substation	6A Anderson Drive	Lot 1 DP 701060	Local
Tarro	Our Lady of Lourdes Church	42 Anderson Drive	Pt Lot 59 DP 755205	Local
Tarro	Residence	29 Eastern Avenue	Lot 100 DP 849413	Local
Tarro	Tarro Community Hall	2A Northern Avenue	Lot 3 Sec F DP 13126	Local
Tarro	Pumping Station	3 Woodberry Road	Lot 2 DP 595526	Local
Tarro	Substation	3 Woodberry Road	Lot 2 DP 595526	Local
The Hill	Shalamah (Residence)	4 Barker Street	Lots 1 and 2 DP 195186	Local
The Hill	Jesmond House (Residence)	10 Barker street	Lots A and B DP 153708	Local
The Hill	Captain Allan’s House	19 Barker Street	Lot 343 DP 54152	Local
The Hill	St Ronans (Residence)	18 Bingle Street	Lot B DP 420523	State
The Hill	Bishopscourt (Residence)	34 Brown Street	Lot 102 DP 1020129	Local
The Hill	Newcastle East Public School	48 Brown Street	Lots 1–3 DP 794850	Local
The Hill	Newcastle Hill Reservoir	51 Brown Street	Lots 346 and 347 DP 758769, Lot 312 DP 54152, Lot 314 DP 54152	Local
The Hill	Marlborough House	49 Church Street	Lot 1 DP 819070	Local
The Hill	Woodlands (Residence)	51 Church Street	Lot 11 DP 634172	State
The Hill	Gate and Stairs	52 Church Street	Lot 1 DP 594939	Local
The Hill	Christchurch Cathedral	52A Church Street	Lot 3 DP 36886	State
The Hill	Lance Villa group terrace house	66 Church Street	Lot 61 DP 585966	Local
The Hill	Lance Villa group terrace house	68 Church Street	Lot 62 DP 585966	Local
The Hill	Lance Villa group terrace house	70 Church Street	Lot 161 DP 54152	Local
The Hill	Lance Villa group terrace house	72 Church Street	Lot 1 DP 770143	Local
The Hill	Lance Villa group terrace house	74 Church Street	Lot 611 DP 996843	Local
The Hill	Lance Villa group terrace house	76 Church Street	Lot 1 DP 852881	Local
The Hill	Lance Villa group terrace house	78 Church Street	Lot 1620 DP 817037	Local
The Hill	Minumbah (Residence)	88 Church Street	Lot 1 DP 743943	Local
The Hill	Cliff Towers (Residential units)	124 Church Street	SP 1533	Local
The Hill	The Boltons (Residence)	1 off Church Street	Lot 4 DP 37425	Local
The Hill	The Boltons (Residence)	2 off Church Street	Lot 5 DP 37425	Local
The Hill	The Boltons (Residence)	3 off Church Street	Lot 6 DP 37425	Local
The Hill	The Boltons (Residence)	4 off Church Street	Lot 7 DP 37425	Local
The Hill	Dr Richard Harris’ Residence	81 King Street	Lot 1 DP 63392	Local
The Hill	Cathedral Park and Cemetery	93 King Street	Lot 1 DP 36886	State
The Hill	Christchurch Parish Hall	60 Newcomen Street	Lot 1 DP 198891	State
The Hill	Newcastle Grammar School— Berkeley House Building	60 Newcomen Street	Lot 1 DP 198891	Local
The Hill	Newcastle Grammar School— Merrick House Building	60 Newcomen Street	Lot 1 DP 198891	Local
The Hill	King Edward Park Group (includes public reserve, drinking fountain and rotunda)	3 Ordnance Street	Pt DP 54152	State
The Hill	King Edward Park Group (Bogey Hole) Public Baths	3 Ordnance Street	Pt DP 54152	State
The Hill	Obelisk	3 Ordnance Street	Pt DP 54152	Local
The Hill	St Mary’s Star of Sea Church	54 Perkins Street	Lot 103 DP 713990	Local
The Hill	Residence	56 Perkins Street	Lot 104 DP 713990	Local
The Hill	House	58 Perkins Street	Lot 1 DP 996157	Local
The Hill	Terrace	60 Perkins Street	Lot 1 DP 712325	Local
The Hill	Terrace	62 Perkins Street	Lot 1 DP 731703	Local
The Hill	Terrace	64 Perkins Street	Lot 1 DP 783710	Local
The Hill	Three Storey House (also known as Corlette’s Cottage)	2 The Terrace	Lot 1 DP 198906	Local
The Hill	Terrace (Pacific House)	4 The Terrace	Pt Lots 14 and 15 Sec Q DP 978941	Local
The Hill	House	6 The Terrace	Lot B	Local
The Hill	Terrace	8 The Terrace	Pt Lot 13 Sec Q DP 978941	Local
The Hill	Terrace	10 The Terrace	Pt Lot 13 Sec Q DP 978941	Local
The Hill	Terrace	12 The Terrace	Lots 1 and 2 DP 193906	Local
The Hill	Terrace	14 The Terrace	Lot 1 DP 136805	Local
The Hill	Terrace	16 The Terrace	Lot 11 Sec Q DP 978941	Local
The Hill	Terrace	20 The Terrace	Lots 5 and 6 DP 732782	Local
The Hill	Terrace	22 The Terrace	Lot 1 DP 986478	Local
The Hill	Terrace	24 The Terrace	Lot 1 DP 198415	Local
The Hill	Terrace	26 The Terrace	Lot 8 DP 742527	Local
The Hill	Terrace	28 The Terrace	Lot 7 Sec Q DP 978941	Local
The Hill	Terrace	30 The Terrace	Lot 1 DP 198361	Local
The Hill	Terrace	32 The Terrace	Lot 100 DP 809379	Local
The Hill	Terrace	38 The Terrace	Lot 1 DP 112366	Local
The Hill	Terrace House (Hill House)	40 The Terrace	Lot 1 DP 735348	Local
The Hill	Hillside (Residence)	24 Tyrrell Street	Lot 1 DP 197834	Local
The Hill	Former Stables	8/60 Tyrrell Street	Lot 53 SP 69660	Local
The Hill	Beacon Tower (Landmark)	76 Tyrrell Street (cnr Brown and Tyrrell Streets)	Lot 102 DP 1020129	Local
The Junction	Brien Street Terraces	6–14 Brien Street	Lot 1 DP 741600, Lot 1 DP 799556, Lot 1 DP 996600, Lot 1 DP 743276, Lot 1 DP 798066	Local
The Junction	Farquhar Street Terraces	3–9 Farquhar Street	Pt Lot 9, Lot 1 DP 112625, Lot 1 DP 797573	Local
The Junction	Residence	26 Farquhar Street	Lot 80 DP 95001	Local
The Junction	Former Primitive Methodist Parsonage	28 Farquhar Street	Lot 81 DP 95001	Local
The Junction	Rowland Park War Memorial	77A Glebe Road	Lot 108 DP 95290	Local
The Junction	Rowland Park	77A Glebe Road	Lot 108 DP 95290	Local
The Junction	Rowland Park Fountain	77A Glebe Road	Lot 108 DP 95290	Local
The Junction	War Memorial	Kenrick Street	Local
The Junction	St Joseph’s Convent and School Group (incorporating St Thomas More Centre)	34 Kenrick Street	Pt Lot 38 and Lots 39, 40 and 43–50 Sec N DP 978941	Local
The Junction	The Junction Primary School	2 Watkins Street	Lots 1–8 DP 795234, Lot 1 DP 592431, Lot 1 DP 159535, Lot 1 DP 164214	Local
Tighes Hill	Tighes Hill School of Arts	15 Elizabeth Street	Lot 12 Sec E DP 230	Local
Tighes Hill	Tighes Hill Public School	33 Elizabeth Street	Lots 7–14 Sec F DP 61, Lot 1 DP 795035	Local
Tighes Hill	Former Police Lock-up	66 Elizabeth Street	Lots 4 and 5 Sec C DP 454	Local
Tighes Hill	Royal Oak Hotel	207 Maitland Road	Lot 1 DP 513115	Local
Tighes Hill	Tighes Hill TAFE College	266 Maitland Road	Lot 100 DP 1004331	Local
Tighes Hill	Immaculate Heart of Mary Church	16 Tighes Terrace	Lot 2 DP 578946	Local
Tighes Hill	Convent of Mercy	38 Union Street	Lots 29 and 30 DP 32507	Local
Wallsend	Federal Park	2 Boscawen Street	Ms 818 Md	Local
Wallsend	RM Evans Funeral Chapel	5 Bunn Street	Lot 1 DP 779152	Local
Wallsend	Clarens House	4 Campbell Street	Lot 1 DP 795472	Local
Wallsend	Clarke Street Cottages	32–34 Clarke Street	Lot 1 Sec E DP 799569, Lot 9 DP 977871	Local
Wallsend	Former School of Arts (Fellowship House)	69 Cowper Street	Lot 1 DP 709819	Local
Wallsend	Railway Goods Shed	76 Cowper Street	Lot 27 DP 598215	State
Wallsend	Terminus Hotel	77 Cowper Street	Lot 1 DP 75085	Local
Wallsend	Stables	81 Cowper Street	Lot 30 DP 625168	Local
Wallsend	Colliery Inn	87 Cowper Street	Lot 1 DP 76381	Local
Wallsend	Wallsend Fire Station	27 Devon Street	Lot 1 DP 78016	Local
Wallsend	Wallsend Precinct—Courthouse	18 Harris Street	Lot 1 DP 199628	Local
Wallsend	Former Grapes Inn	20 Kemp Street	Lot 52 DP 529189	Local
Wallsend	Wallsend Park	47 Lake Road	Pt Lot 1 DP 724075	Local
Wallsend	Woodlands House	100 Lake Road	Lot 1 DP 337878	Local
Wallsend	Wallsend Hospital Median Garden	Longworth Avenue	Local
Wallsend	Wallsend Drug and Alcohol Centre	10 Longworth Avenue	Lots C–F DP 312480, Lot 1 DP 315099	Local
Wallsend	Wallsend Hospital	10 Longworth Avenue	Lots C–F DP 312480, Lot 1 DP 315099	Local
Wallsend	Wallsend Masonic Hall	4 Metcalfe Street	Lot 1 DP 1037615	Local
Wallsend	Newcastle Muslim Association (Building)	6 Metcalfe Street	Lot 1 DP 795032	Local
Wallsend	St Lukes Anglican Church	22 Metcalfe Street	Lot 1 Sec 3 DP 29	Local
Wallsend	Wallsend Public School	67 Metcalfe Street	Lots 1–4 DP 122513, Lot 1 DP 122511, Lot 9 Sec 15 DP 29, Lots 11 14 Sec 15 DP 29, Lots 2 and 3 DP 529635, Lots 2 and 3 DP 533593	Local
Wallsend	Racecourse Hotel	11 Minmi Road	Lot 1 DP 76498	Local
Wallsend	Lemon Grove Hotel	112 Nelson Street	Lot 1 DP 87351	Local
Wallsend	St Andrews Presbyterian Church	144 Nelson Street	Pt Lot 6 Sec 16 DP 29	Local
Wallsend	Plattsburg Public School	2 Ranclaud Street	Lots 1 and 2 DP 794917	Local
Wallsend	Wallsend Precinct—Police Station	12 Tyrrell Street	Pt B DP 111245	Local
Wallsend	Wallsend Precinct—Post Office	14 Tyrrell Street	Lots 1–4 DP 724548	Local
Wallsend	Wallsend Precinct—Public Reserve (Wallsend Rotunda Park)	18 Tyrrell Street	Ms 497 Md	Local
Wallsend	Whitton Street Postal Pillar Box	Whitton Street	Local
Waratah	Waratah Police Station	96 Georgetown Road	Lot 180 DP 755247	Local
Waratah	Former Hanbury Public School group	98 Georgetown Road	Lot 58A DP 755247, Lot 3 DP 755247	Local
Waratah	Mereyulh (Residence)	38 High Street	Lot B DP 380948	Local
Waratah	Carclew (Residence)	25 Lambton Road	Lot 2 DP 339828	Local
Waratah	Corpus Christi Catholic Church	30 Lorna Street	Lots 1–4 Sec A DP 192666	Local
Waratah	Catholic Centre for Deaf Education	30 Lorna Street	Lots 1–18 Sec A DP 192666	Local
Waratah	Braeside (Residence)	37 Lorna Street	Lot 31 DP 96026	Local
Waratah	Cottage	21 Platt Street	Lot 4 DP 731746	Local
Waratah	Cottage	23 Platt Street	Lot 1 DP 136538	Local
Waratah	Waratah School of Arts	12 Station Street	Lot 252 DP 755247	Local
Waratah	Town Hall Hotel	29 Station Street	Lot 11 DP 735547	Local
Waratah	Cottage	92 Station Street	Lot A DP 155095	Local
Waratah	Former Waratah Post Office	22 Turton Road	Lot 1 DP 773179	Local
Waratah	Waratah Technology High School	26 Turton Road	Lot 2694 DP 755247, Lot 2717 DP 755247, Lot 3179 DP 755247	Local
Waratah	Former Western Suburbs Hospital	149 Turton Road	Lot 3 DP 852177	Local
Waratah	Remnant Plantings	149 Turton Road	Lot 3 DP 852177	Local
Waratah	Waratah Park and Station Street Palms	2A Young Street	Lot 3189 DP 44990	Local
Wickham	Former Wickham Town Hall	12 Albert Street	Lot 2 DP 538523	Local
Wickham	Former Council Chambers	18A Albert Street	Lot 3175 DP 755247	Local
Wickham	Hawkins Oval	22 Albert Street	Ms 4983 Md, Pt Lot 152 DP 755247, Pt Lot 166 DP 755247	Local
Wickham	Hawkins Oval Memorial	22 Albert Street	Ms 4983 Md, Pt Lot 152 DP 755247	Local
Wickham	Former Police Lock-up	25 Albert Street	Lot 12 DP 1005516	Local
Wickham	Former New Zealand Loan Co Wool Store	2/33 Annie Street	Lot 3 DP 346352	Local
Wickham	Dalgety Warehouse	49 Annie Street	Lot 2 DP 346352	Local
Wickham	Elders Warehouse	57 Annie Street	Lot 1 DP 346352	Local
Wickham	R A Ritchie &Sons &Hudson Bros Engineering (Former industrial site)	20 Greenway Street	SP 31620	Local
Wickham	Wickham Railway Station	Hannell Street	Railway land	Local
Wickham	Signal Box—Wickham	Hannell Street	Railway land	Local
Wickham	Former School of Arts	22A Hannell Street	Lot 1 DP 1009228	Local
Wickham	Wickham Public School	54 Hannell Street	Lot 1 DP 850430	Local
Wickham	Former Infants School	64 Hannell Street	Lot 3203 DP 723289	Local
Wickham	Albion Hotel	72 Hannell Street	Lot 1 DP 76135	Local
Wickham	Stella Maris Seamans Mission	102 Hannell Street	Lot A DP 386601	Local
Wickham	The Salvation Army Men’s Hostel	116–120 Hannell Street	Lot 1 DP 217399, Lot 1 DP 90935	Local
Wickham	Lass O’Gowrie Hotel	14 Railway Street	Lot 1 DP 774645	Local

Part 2Heritage conservation areas

Description	Identification on Zoning Map
Cooks Hill	Shown by a heavy black broken line and marked “Cooks Hill Heritage Conservation Area”
Hamilton Business Centre	Shown by a heavy black broken line and marked “Hamilton Business Centre Heritage Conservation Area”
Hamilton South “Garden Suburb”	Shown by a heavy black broken line and marked “Hamilton South ‘Garden Suburb’ Heritage Conservation Area”
Newcastle City Centre	Shown by a heavy black broken line and marked” Newcastle City Centre Heritage Conservation Area”
Newcastle East	Shown by a heavy black broken line and marked “Newcastle East Heritage Conservation Area”
The Hill	Shown by a heavy black broken line and marked “The Hill Heritage Conservation Area”

Schedule 7Central Honeysuckle public domain concept plan

(Clause 35 (1))

Schedule 8Development for certain additional purposes

(Clause 26A)

Lot 5, DP 654265, known as 138 Lake Road, Elermore Vale, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 2)”

Seniors housing (within the meaning of State Environmental Planning Policy (Seniors Living) 2004), comprising a residential care facility with a maximum capacity of 120 beds, subject to the following conditions:

(a)
compliance with State Environmental Planning Policy (Seniors Living) 2004 as if that policy (clause 4 excepted) applied to the land,

(b) the making of a development application to the Council within 5 years after the date of gazettal of Newcastle Local Environmental Plan 2003 (Amendment No 2), (c) an appropriate Asset Protection Zone (APZ), as determined by the NSW Rural Fire Service, to be provided wholly within the boundaries of the land.
Lot 101, DP 1041014, known as 178 Lake Road, Elermore Vale, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 3)”	Seniors housing (within the meaning of State Environmental Planning Policy (Seniors Living) 2004), comprising a maximum of 255 self-contained dwellings, subject to the following conditions: (a) compliance with State Environmental Planning Policy (Seniors Living) 2004 as if that policy (clause 4 excepted) applied to the land, (b) the making of a development application to the Council within 5 years after the date of gazettal of Newcastle Local Environmental Plan 2003 (Amendment No 3), (c) an appropriate Asset Protection Zone (APZ), as determined by the NSW Rural Fire Service, to be provided wholly within the boundaries of the land.
Lot 21, DP 828226, 41 Minmi Road, Wallsend	Automotive services and restaurant, with a total gross floor area not exceeding 1,200m2.
So much of Lot 1, DP 198543, Lot 13, DP 1046106 and Lot 1, DP 736463, and known as part of 115–119 Denison Street, Hamilton, as is shown edged heavy black on Sheet 4 of the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 6)” and that does not extend more than 30 metres from the southern boundary of each of those lots	Car parking.
Part Lot 2, DP 1129904, known as 35 Eastern Avenue, Tarro, as shown edged heavy black on Sheet 1 of the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 9)”	Camping ground or caravan park.