Newcastle Local Environmental Plan 2012 (NSW)

Part 1Preliminary1.1Name of Plan

This Plan is Newcastle Local Environmental Plan 2012.

1.1AACommencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2Aims of Plan(1)

This Plan aims to make local environmental planning provisions for land in the City of Newcastle in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)

The particular aims of this Plan are as follows—

• (aa)

  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

• (a)

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

• (b)

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

• (c)

  to contribute to the economic well being of the community in a socially and environmentally responsible manner and to strengthen the regional position of the Newcastle city centre as a multi-functional and innovative centre that encourages employment and economic growth,

• (d)

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

• (e)

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

• (f)

  to facilitate the development of building design excellence appropriate to a regional city.

1.3Land to which Plan applies

This Plan applies to the land identified on the Land Application Map.

1.4Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7Maps(1)

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

• (a)

  approved by the local plan-making authority when the map is adopted, and

• (b)

  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)

(Repealed)

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8Repeal of planning instruments applying to land(1)

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

• •

  Newcastle City Centre Local Environmental Plan 2008

• •

  Newcastle Local Environmental Plan 2003

(2)

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

1.8ASavings provision relating to development applications(1)

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

(2)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].

1.9Application of SEPPs(1)

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

(2A)

State Environmental Planning Policy No 71—Coastal Protection does not apply to land in the Newcastle City Centre.

1.9ASuspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply—

• (a)

  to a covenant imposed by the Council or that the Council requires to be imposed, or

• (b)

  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

• (c)

  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

• (d)

  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

• (e)

  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

• (f)

  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

• (g)

  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2Permitted or prohibited development2.1Land use zones

The land use zones under this Plan are as follows—

• •Residential Zones

  R2 Low Density Residential

  R3 Medium Density Residential

  R4 High Density Residential

• •Employment Zones

  E1 Local Centre

  E2 Commercial Centre

  E3 Productivity Support

  E4 General Industrial

  E5 Heavy Industrial

• •Mixed Use Zones

  MU1 Mixed Use

• •Special Purpose Zones

  SP1 Special Activities

  SP2 Infrastructure

  SP3 Tourist

• •Recreation Zones

  RE1 Public Recreation

  RE2 Private Recreation

• •Conservation Zones

  C1 National Parks and Nature Reserves

  C2 Environmental Conservation

  C3 Environmental Management

  C4 Environmental Living

• •Waterway Zones

  W2 Recreational Waterways

cl 2.1: Am 2018 (149), Sch 1 [1]; 2022 (830), Sch 1.17[1].

2.2Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3Zone objectives and Land Use Table(1)

The Land Use Table at the end of this Part specifies for each zone—

• (a)

  the objectives for development, and

• (b)

  development that may be carried out without development consent, and

• (c)

  development that may be carried out only with development consent, and

• (d)

  development that is prohibited.

(2)

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)

In the Land Use Table at the end of this Part—

• (a)

  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

• (b)

  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)

This clause is subject to the other provisions of this Plan.

Notes.

Schedule 1 sets out additional permitted uses for particular land.

Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

Clause 2.6 requires consent for subdivision of land.

Part 5 contains other provisions which require consent for particular development.

2.4Unzoned land(1)

Development may be carried out on unzoned land only with development consent.

(2)

In deciding whether to grant development consent, the consent authority—

• (a)

  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

• (b)

  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5Additional permitted uses for particular land(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out—

• (a)

  with development consent, or

• (b)

  if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6Subdivision—consent requirements(1)

Land to which this Plan applies may be subdivided, but only with development consent.

Notes.

If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

(2)

Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note.

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note.

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8Temporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

• (a)

  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

• (b)

  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

• (c)

  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

• (d)

  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

2.9Canal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this Plan, canal estate development means development that involves—

• (a)

  a constructed canal, or other waterway or waterbody, that—

  • (i)

    is inundated by surface water or groundwater movement, or

  • (ii)

    drains to a waterway or waterbody by surface water or groundwater movement, and

• (b)

  the erection of a dwelling, and

• (c)

  one or both of the following—

  • (i)

    the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,

  • (ii)

    excavation to create a waterway.

(3)

Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—

• (a)

  carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and

• (b)

  limited to the minimum reasonable size and capacity.

(4)

In this clause—

flood planning area has the same meaning as in clause 5.21.

Land Use TableNote—

State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—

• •

  State Environmental Planning Policy (Housing) 2021

• •

  State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

• •

  State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2

• •

  State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3

• •

  State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3

• •

  State Environmental Planning Policy (Primary Production) 2021, Chapter 2

Land Use tbl: Am 2014 (154), Sch 1 [1]; 2014 (483), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1] [2]; 2017 (655), cl 4; 2018 (149), Sch 1 [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (68), cl 5(1); 2022 (830), Sch 1.17[2].

Zone R2Low Density Residential1Objectives of zone

• •

  To provide for the housing needs of the community within a low density residential environment.

• •

  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• •

  To accommodate a diversity of housing forms that respects the amenity, heritage and character of surrounding development and the quality of the environment.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Emergency services facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Hospitals; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Tank-based aquaculture; Tourist and visitor accommodation

4Prohibited

Backpackers’ accommodation; Hostels; Rural workers’ dwellings; Serviced apartments; Any other development not specified in item 2 or 3

Zone R3Medium Density Residential1Objectives of zone

• •

  To provide for the housing needs of the community within a medium density residential environment.

• •

  To provide a variety of housing types within a medium density residential environment.

• •

  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• •

  To allow some diversity of activities and densities if—

  • (i)

    the scale and height of proposed buildings is compatible with the character of the locality, and

  • (ii)

    there will be no significant adverse impact on the amenity of any existing nearby development.

• •

  To encourage increased population levels in locations that will support the commercial viability of centres provided that the associated new development—

  • (i)

    has regard to the desired future character of residential streets, and

  • (ii)

    does not significantly detract from the amenity of any existing nearby development.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Attached dwellings; Boarding houses; Car parks; Centre-based child care facilities; Community facilities; Educational establishments; Emergency services facilities; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health services facilities; Home-based child care; Home businesses; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Tourist and visitor accommodation

4Prohibited

Any other development not specified in item 2 or 3

Zone R4High Density Residential1Objectives of zone

• •

  To provide for the housing needs of the community within a high density residential environment.

• •

  To provide a variety of housing types within a high density residential environment.

• •

  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• •

  To promote a denser urban form along transport corridors while respecting the residential character of adjoining streets.

• •

  To maximise redevelopment and infill opportunities for high density housing within walking distance of centres.

• •

  To provide for commercial development that contributes to the vitality of the street where provided within a mixed use development.

• •

  To promote a balance of residential accommodation within a mixed use development.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Attached dwellings; Boarding houses; Business premises; Car parks; Centre-based child care facilities; Community facilities; Educational establishments; Emergency services facilities; Flood mitigation works; Food and drink premises; Health services facilities; Home-based child care; Home businesses; Hostels; Kiosks; Multi-dwelling housing; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Roads; Service stations; Shop top housing; Tourist and visitor accommodation

4Prohibited

Tank-based aquaculture; Any other development not specified in item 2 or 3

Zone E1Local Centre1Objectives of zone

• •

  To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.

• •

  To encourage investment in local commercial development that generates employment opportunities and economic growth.

• •

  To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.

• •

  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

• •

  To maintain the hierarchy of commercial centres throughout the City of Newcastle, ensuring the scale of development is appropriate with the surrounding area and does not prejudice the viability of the Newcastle City Centre or other centres.

• •

  To provide development that maintains an active street frontage that positively contributes to the safety and vibrancy of the pedestrian environment.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Dwelling houses; Entertainment facilities; Environmental facilities; Exhibition homes; Flood mitigation works; Function centres; Home businesses; Home-based child care; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Roads; Service stations; Shop top housing; Signage; Storage premises; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repairs stations; Veterinary hospitals; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone E2Commercial Centre1Objectives of zone

• •

  To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.

• •

  To encourage investment in commercial development that generates employment opportunities and economic growth.

• •

  To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.

• •

  To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.

• •

  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

• •

  To provide for commercial floor space within mixed use development.

• •

  To strengthen the role of the Newcastle City Centre as the regional business, retail and cultural centre of the Hunter region.

• •

  To provide for the retention and creation of view corridors.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Creative industries; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; High technology industries; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sex services premises; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Transport depots; Vehicle repair stations; Veterinary hospitals

4Prohibited

Any development not specified in item 2 or 3

Zone E3Productivity Support1Objectives of zone

• •

  To provide a range of facilities and services, light industries, warehouses and offices.

• •

  To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.

• •

  To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.

• •

  To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.

• •

  To provide opportunities for new and emerging light industries.

• •

  To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.

2Permitted without consent

Environmental protection works

3Permitted with consent

Amusement centres; Animal boarding or training establishments; Boat building and repair facilities; Business premises; Car parks; Centre-based child care facilities; Community facilities; Correctional centres; Crematoria; Depots; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Restricted premises; Roads; Rural supplies; Service stations; Sex services premises; Signage; Small bars; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone E4General Industrial1Objectives of zone

• •

  To provide a range of industrial, warehouse, logistics and related land uses.

• •

  To ensure the efficient and viable use of land for industrial uses.

• •

  To minimise any adverse effect of industry on other land uses.

• •

  To encourage employment opportunities.

• •

  To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.

• •

  To support and protect industrial land for industrial uses.

• •

  To ensure non-industrial land uses do not prejudice the viability of industrial land or other centres.

2Permitted without consent

Environmental protection works

3Permitted with consent

Boat building and repair facilities; Boat launching ramps; Car parks; Correctional centres; Crematoria; Depots; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Helipads; Heliports; Industrial retail outlets; Industrial training facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Port facilities; Recreation facilities (indoor); Recreation facilities (major); Respite day care centres; Restricted premises; Roads; Service stations; Sewerage systems; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Water supply systems; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone E5Heavy Industrial1Objectives of zone

• •

  To provide areas for industries that need to be separated from other land uses.

• •

  To ensure the efficient and viable use of land for industrial uses.

• •

  To minimise any adverse effect of industry on other land uses.

• •

  To encourage employment opportunities.

• •

  To support and protect industrial land for industrial uses.

2Permitted without consent

Environmental protection works

3Permitted with consent

Boat building and repair facilities; Boat launching ramps; Car parks; Data centres; Depots; Extractive industries; Flood mitigation works; Freight transport facilities; General industries; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial training facilities; Jetties; Kiosks; Moorings; Offensive storage establishments; Oyster aquaculture; Pond-based aquaculture; Port facilities; Roads; Service stations; Sewerage systems; Signage; Take away food and drink premises; Tank-based aquaculture; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres; Water supply systems; Wholesale supplies

4Prohibited

Any development not specified in item 2 or 3

Zone MU1Mixed Use1Objectives of zone

• •

  To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.

• •

  To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.

• •

  To minimise conflict between land uses within this zone and land uses within adjoining zones.

• •

  To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.

• •

  To support nearby or adjacent commercial centres without adversely impacting on the viability of those centres.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Information and education facilities; Light industries; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4

4Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Camping grounds; Caravan parks; Cemeteries; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Heavy industries; Helipads; Open cut mining; Resource recovery facilities; Rural industries; Secondary dwellings; Semi-detached dwellings; Sewerage systems; Truck depots; Vehicle body repair workshops; Waste disposal facilities; Water supply systems

Zone SP1Special Activities1Objectives of zone

• •

  To provide for special land uses that are not provided for in other zones.

• •

  To provide for sites with special natural characteristics that are not provided for in other zones.

• •

  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.

2Permitted without consent

Roads

3Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP2Infrastructure1Objectives of zone

• •

  To provide for infrastructure and related uses.

• •

  To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2Permitted without consent

Roads

3Permitted with consent

Aquaculture; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4Prohibited

Any development not specified in item 2 or 3

Zone SP3Tourist1Objectives of zone

• •

  To provide for a variety of tourist-oriented development and related uses.

• •

  To provide for a range of compatible land uses.

2Permitted without consent

Environmental protection works

3Permitted with consent

Amusement centres; Aquaculture; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Flood mitigation works; Food and drink premises; Function centres; Health services facilities; High technology industries; Information and education facilities; Passenger transport facilities; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Tourist and visitor accommodation

4Prohibited

Any development not specified in item 2 or 3

Zone RE1Public Recreation1Objectives of zone

• •

  To enable land to be used for public open space or recreational purposes.

• •

  To provide a range of recreational settings and activities and compatible land uses.

• •

  To protect and enhance the natural environment for recreational purposes.

2Permitted without consent

Environmental facilities; Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Information and education facilities; Jetties; Kiosks; Marinas; Markets; Moorings; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Water recreation structures

4Prohibited

Any development not specified in item 2 or 3

Zone RE2Private Recreation1Objectives of zone

• •

  To enable land to be used for private open space or recreational purposes.

• •

  To provide a range of recreational settings and activities and compatible land uses.

• •

  To protect and enhance the natural environment for recreational purposes.

2Permitted without consent

Environmental facilities; Environmental protection works; Home occupations

3Permitted with consent

Amusement centres; Aquaculture; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Dwelling houses; Emergency services facilities; Entertainment facilities; Flood mitigation works; Food and drink premises; Function centres; Helipads; Home-based child care; Jetties; Kiosks; Marinas; Markets; Moorings; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Signage; Water recreation structures

4Prohibited

Pubs; Any other development not specified in item 2 or 3

Zone C1National Parks and Nature Reserves1Objectives of zone

• •

  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

• •

  To enable uses authorised under the National Parks and Wildlife Act 1974.

• •

  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3Permitted with consent

Nil

4Prohibited

Any development not specified in item 2 or 3

Zone C2Environmental Conservation1Objectives of zone

• •

  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

• •

  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

• •

  To provide for the management of the majority of the Hunter River floodplain by restricting the type and intensity of development to that compatible with the anticipated risk to life and property.

• •

  To provide for the conservation, enhancement and protection of the Hexham Wetlands.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Agriculture; Dwelling houses; Environmental facilities; Farm buildings; Flood mitigation works; Oyster aquaculture Recreation areas; Roads

4Prohibited

Animal boarding or training establishments; Business premises; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Intensive plant agriculture; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C3Environmental Management1Objectives of zone

• •

  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

• •

  To provide for a limited range of development that does not have an adverse effect on those values.

• •

  To provide for the conservation of the rural and bushland character of the land that forms the scenic edge of and the gateway to urban Newcastle.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Agriculture; Animal boarding or training establishments; Bed and breakfast accommodation; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Dwelling houses; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Respite day care centres; Roads; Signage; Tank-based aquaculture; Water recreation structures

4Prohibited

Industries; Intensive livestock agriculture; Intensive plant agriculture; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone C4Environmental Living1Objectives of zone

• •

  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

• •

  To ensure that residential development does not have an adverse effect on those values.

• •

  To conserve the rural or bushland character and the biodiversity or other conservation values of the land.

• •

  To provide for the development of land for purposes that will not, or will be unlikely to, prejudice its possible future development for urban purposes or its environmental conservation.

2Permitted without consent

Environmental protection works; Home occupations

3Permitted with consent

Agriculture; Animal boarding or training establishments; Bed and breakfast accommodation; Camping grounds; Caravan parks; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Landscaping material supplies; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Pond-based aquaculture; Recreation areas; Research stations; Respite day care centres; Roads; Roadside stalls; Secondary dwellings; Tank-based aquaculture

4Prohibited

Industries; Intensive livestock agriculture; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone W2Recreational Waterways1Objectives of zone

• •

  To protect the ecological, scenic and recreation values of recreational waterways.

• •

  To allow for water-based recreation and related uses.

• •

  To provide for sustainable fishing industries and recreational fishing.

2Permitted without consent

Environmental protection works

3Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Charter and tourism boating facilities; Emergency services facilities; Environmental facilities; Jetties; Kiosks; Marinas; Moorings; Passenger transport facilities; Recreation areas; Roads; Water recreation structures

4Prohibited

Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3Exempt and complying development3.1Exempt development(1)

The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)

Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)

To be exempt development, the development—

• (a)

  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

• (b)

  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

• (c)

  must not be designated development, and

• (d)

  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)

Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

• (a)

  the building has a current fire safety certificate or fire safety statement, or

• (b)

  no fire safety measures are currently implemented, required or proposed for the building.

(5)

To be exempt development, the development must—

• (a)

  be installed in accordance with the manufacturer’s specifications, if applicable, and

• (b)

  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.

Note 2.

The Native Vegetation Act 2003 does not apply in the City of Newcastle.

(6)

A heading to an item in Schedule 2 is part of that Schedule.

3.2Complying development(1)

The objective of this clause is to identify development as complying development.

(2)

Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

• (a)

  the development standards specified in relation to that development, and

• (b)

  the requirements of this Part,

is complying development.

Note.

See also clause 5.8(3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)

To be complying development, the development must—

• (a)

  be permissible, with development consent, in the zone in which it is carried out, and

• (b)

  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

• (c)

  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)

A heading to an item in Schedule 3 is part of that Schedule.

3.3Environmentally sensitive areas excluded(1)

Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)

For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

• (a)

  the coastal waters of the State,

• (b)

  a coastal lake,

• (c)

  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

• (d)

  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

• (e)

  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

• (f)

  land within 100 metres of land to which paragraph (c), (d) or (e) applies,

• (g)

  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

• (h)

  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

• (i)

  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

• (j)

  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4Principal development standards4.1Minimum subdivision lot size(1)

The objectives of this clause are as follows—

• (a)

  to provide subdivision lot sizes that meet community and economic needs, while ensuring that environmental and social values are safeguarded,

• (b)

  to facilitate greater diversity in housing choice,

• (c)

  to ensure that lots are of sufficient size to meet user requirements and to facilitate energy efficiency of the future built form,

• (d)

  to ensure that the subdivision of land in Zone C4 Environmental Living—

  • (i)

    will not prejudice its possible future development for urban purposes or its environmental conservation, and

  • (ii)

    will conserve the rural or bushland character, and the biodiversity values or other conservation values, of the land.

(2)

This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause does not apply in relation to the subdivision of any land—

• (a)

  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

• (b)

  by any kind of subdivision under the Community Land Development Act 2021.

(4A)

If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size for the purposes of subclause (3).

cl 4.1: Am 2022 (830), Sch 1.17[3].

4.1AAMinimum subdivision lot size for community title schemes(1)

The objectives of this clause are as follows—

• (a)

  to achieve lot sizes that meet community and economic needs, while ensuring that environmental and social values are safeguarded,

• (b)

  to ensure that lot sizes are sufficient to meet user requirements and to facilitate energy efficiency of the future built form.

(2)

This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—

• (a)

  Zone R2 Low Density Residential,

• (b)

  Zone R3 Medium Density Residential,

• (c)

  Zone R4 High Density Residential,

• (d)

  Zone El Local Centre,

• (e)

  Zone E2 Commercial Centre,

• (f)

  Zone E3 Productivity Support,

• (g)

  Zone E4 General Industrial,

• (h)

  Zone E5 Heavy Industrial,

• (i)

  Zone MU1 Mixed Use,

• (j)

  Zone C2 Environmental Conservation,

• (k)

  Zone C3 Environmental Management,

• (ka), (kb)

  (Repealed)

• (l)

  Zone C4 Environmental Living.

but does not apply to a subdivision by the registration of a strata plan.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)

This clause applies despite clause 4.1.

cl 4.1AA: Am 2015 (201), Sch 1 [1]; 2022 (830), Sch 1.17[4].

4.1AExceptions to minimum lot sizes for certain residential development(1)

The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.

(2)

This clause applies to development on land in the following zones—

• (a)

  Zone R2 Low Density Residential,

• (b)

  Zone R3 Medium Density Residential,

• (c)

  Zone El Local Centre,

• (d)

  Zone MU1 Mixed Use.

• (e)

  (Repealed)

(3)

Development consent may be granted to a single development application for development to which this clause applies that is both of the following—

• (a)

  the subdivision of land into 2 or more lots,

• (b)

  the erection of an attached dwelling, a semi-detached dwelling or a dwelling house on each lot resulting from the subdivision that does not have an existing dwelling on it, if the size of each lot is equal to or greater than 200 square metres.

cl 4.1A: Am 2014 (118), Sch 1; 2022 (830), Sch 1.17[5].

4.1BMinimum subdivision lot sizes for certain split zones(1)

The objectives of this clause are as follows—

• (a)

  to provide for the subdivision of lots that are within more than one zone but that cannot be subdivided under clause 4.1,

• (b)

  to ensure that the subdivision occurs in a manner that promotes suitable land use and development while protecting environmental attributes of the land.

(2)

This clause applies to each lot (an original lot) that contains—

• (a)

  land in a residential, employment or mixed use zone, and

• (b)

  land in Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living.

(3)

Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if—

• (a)

  one of the resulting lots will contain—

  • (i)

    land in a residential, employment or mixed use zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

  • (ii)

    all of the land in Zone C2 Environmental Conservation, Zone C3 Environmental Management or C4 Environmental Living that was in the original lot, and

• (b)

  all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

cl 4.1B: Ins 2015 (201), Sch 1 [2]. Am 2022 (830), Sch 1.17[6] [7].

4.2Rural subdivision

[Not adopted]

4.3Height of buildings(1)

The objectives of this clause are as follows—

• (a)

  to ensure the scale of development makes a positive contribution towards the desired built form, consistent with the established centres hierarchy,

• (b)

  to allow reasonable daylight access to all developments and the public domain.

(2)

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

cl 4.3: Am 2023 (703), Sch 1[1].

4.4Floor space ratio(1)

The objectives of this clause are as follows—

• (a)

  to provide an appropriate density of development consistent with the established centres hierarchy,

• (b)

  to ensure building density, bulk and scale makes a positive contribution towards the desired built form as identified by the established centres hierarchy.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

(2A)

Despite subclause (2), the maximum floor space ratio for a building on land in any zone in this Plan is to be determined as if the area of the access laneway of a battle-axe lot were not part of the area of the lot.

Note.

See clause 7.10 for the maximum floor space ratio for a building on land in Newcastle City Centre.

4.5Calculation of floor space ratio and site area(1)

The objectives of this clause are as follows—

• (a)

  to define floor space ratio,

• (b)

  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—

  • (i)

    prevent the inclusion in the site area of an area that has no significant development being carried out on it, and

  • (ii)

    prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and

  • (iii)

    require community land and public places to be dealt with separately.

(2)

The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

(3)

In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—

• (a)

  if the proposed development is to be carried out on only one lot, the area of that lot, or

• (b)

  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.

In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.

(4)

The following land must be excluded from the site area—

• (a)

  land on which the proposed development is prohibited, whether under this Plan or any other law,

• (b)

  community land or a public place (except as provided by subclause (7)).

(5)

The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.

(6)

The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.

(7)

For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.

(8)

The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.

(9)

When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.

(10)

If—

• (a)

  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and

• (b)

  proposed development relates to the affected land and other land that together comprise the site of the proposed development,

the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.

(11)

In this clause, public place has the same meaning as it has in the Local Government Act 1993.

4.6Exceptions to development standards(1)

The objectives of this clause are as follows—

• (a)

  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

• (b)

  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

• (a)

  compliance with the development standard is unreasonable or unnecessary in the circumstances, and

• (b)

  there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—

• (a)

  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

• (b)

  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note.

When this Plan was made it did not include Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition or Zone R5 Large Lot Residential.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

• (a)

  a development standard for complying development,

• (b)

  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

• (c)

  clause 5.4,

• (caa)

  clause 5.5,

• (ca)

  clause 7.9, clause 7.9A or clause 8.2.

cl 4.6: Am 2013 (76), Sch 2 [1]; 2023 (554), Sch 2.21[1]; 2023 (703), Sch 1[2].

Part 5Miscellaneous provisions5.1Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note.

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local open space”	Council
Zone RE1 Public Recreation and marked “Regional open space”	The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Transport for NSW
Zone C1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974
Zone C2 Environmental Conservation and marked “Classified road”

Transport for NSW
Zone C3 Environmental Management and marked “Classified road”	Transport for NSW
Zone C4 Environmental Living and marked “Classified road”	Transport for NSW
Zone E5 Heavy Industrial and marked “Classified road”	Transport for NSW
Zone E1 Local Centre and marked “Classified road”	Transport for NSW
Zone R2 Low Density Residential and marked “Classified road”	Transport for NSW
Zone R3 Medium Density Residential and marked “Classified road”	Transport for NSW
Zone R2 Low Density Residential and marked “Local road”	Council
Zone R3 Medium Density Residential and marked “Local road”	Council
Zone E1 Local Centre and marked “Car park”	Council
Zone W2 Recreational Waterways and marked “Classified road”	Transport for NSW

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

cl 5.1: Am 2013 (539), Sch 1 [1]; 2020 No 30, Sch 4.56; 2022 (830), Sch 1.17[7]–[9].

5.1ADevelopment on land intended to be acquired for public purposes(1)

The objective of this clause is to limit development on certain land intended to be acquired for a public purpose.

(2)

This clause applies to land shown on the Land Reservation Acquisition Map and specified in Column 1 of the Table to this clause and that has not been acquired by the relevant authority of the State specified for the land in clause 5.1.

(3)

Development consent must not be granted to any development on land to which this clause applies other than development for a purpose specified opposite that land in Column 2 of that Table.

Column 1	Column 2
Land	Development
Zone R2 Low Density Residential and marked “Local road”	Roads
Zone R2 Low Density Residential and marked “Classified road”	Roads
Zone R3 Medium Density Residential and marked “Local road”	Roads
Zone R3 Medium Density Residential and marked “Classified road”	Roads
Zone E1 Local Centre and marked “Classified road”	Roads
Zone E1 Local Centre and marked “Car park”	Car parks
Zone E5 Heavy Industrial and marked “Classified road”	Roads
Zone SP2 Infrastructure and marked “Classified road”	Roads
Zone RE1 Public Recreation and marked “Classified road”	Roads
Zone C2 Environmental Conservation and marked “Classified road”	Roads
Zone C3 Environmental Management and marked “Classified road”	Roads
Zone C4 Environmental Living and marked “Classified road”	Roads
Zone W2 Recreational Waterways and marked “Classified road”	Roads

cl 5.1A: Am 2013 (539), Sch 1 [2]; 2022 (830), Sch 1.17[7]–[9].

5.2Classification and reclassification of public land(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note.

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 4—

• (a)

  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

• (b)

  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

• (a)

  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

• (b)

  any reservations that except land out of the Crown grant relating to the land, and

• (c)

  reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note.

In accordance with section 30(2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3Development near zone boundaries(1)

The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)

This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.

(3)

This clause does not apply to—

• (a)

  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or

• (ab)

  Zone C4 Environmental Living, or

• (b)

  land within the coastal zone, or

• (c)

  land proposed to be developed for the purpose of sex services or restricted premises.

Note.

When this Plan was made it did not include Zone W1 Natural Waterways.

(4)

Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

• (a)

  the development is not inconsistent with the objectives for development in both zones, and

• (b)

  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)

This clause does not prescribe a development standard that may be varied under this Plan.

cl 5.3: Am 2022 (830), Sch 1.17[7].

5.4Controls relating to miscellaneous permissible uses(1)

If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.

Note.

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2)

If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.

(3)

If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

(4)

If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—

• (a)

  10% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

• (b)

  400 square metres,

whichever is the lesser.

(5)

If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 6 bedrooms in buildings.

(6)

If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(7)

If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 150 square metres.

(7AA)

If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

(8)

If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.

(9)

If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—

• (a)

  60 square metres,

• (b)

  20% of the total floor area of the principal dwelling.

(10)

If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or a rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

• (a)

  10% of the gross floor area of the industry, or

• (b)

  400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.101 [1] [2].

5.5Controls relating to secondary dwellings on land in a rural zone

[Not adopted]

5.6Architectural roof features(1)

The objectives of this clause are as follows—

• (a)

  to permit variations to maximum building height standards only where roof features contribute to the building design and overall skyline,

• (b)

  to ensure that the majority of the roof is contained within the maximum building height.

(2)

Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.

(3)

Development consent must not be granted to any such development unless the consent authority is satisfied that—

• (a)

  the architectural roof feature—

  • (i)

    comprises a decorative element on the uppermost portion of a building, and

  • (ii)

    is not an advertising structure, and

  • (iii)

    does not include floor space area and is not reasonably capable of modification to include floor space area, and

  • (iv)

    will cause minimal overshadowing, and

• (b)

  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.

5.7Development below mean high water mark(1)

The objective of this clause is to ensure appropriate environmental assessment for development carried out on land covered by tidal waters.

(2)

Development consent is required to carry out development on any land below the mean high water mark of any body of water subject to tidal influence (including the bed of any such water).

5.8Conversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

• (a)

  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

• (b)

  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

• (c)

  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of—

• (a)

  internal alterations to a building, or

• (b)

  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9Dwelling house or secondary dwelling affected by natural disaster(1)

The objective of this clause is to enable the repair or replacement of lawfully erected dwelling houses and secondary dwellings that have been damaged or destroyed by a natural disaster.

(2)

This clause applies to land in the following zones—

• (a)

  R2 Low Density Residential,

• (b)

  R3 Medium Density Residential,

• (c)

  R4 High Density Residential,

• (d)

  Zone E1 Local Centre,

• (e)

  Zone E3 Productivity Support,

• (f)

  Zone E4 General Industrial,

• (g)

  Zone E5 Heavy Industrial,

• (h)

  Zone MU1 Mixed Use,

• (i)

  Zone RE2 Private Recreation,

• (j)

  Zone C2 Environmental Conservation,

• (k)

  Zone C3 Environmental Management,

• (l)

  Zone C4 Environmental Living.

(3)

Despite the other provisions of this Plan, development consent may be granted to development on land to which this clause applies to enable a dwelling house or secondary dwelling that has been damaged or destroyed by a natural disaster to be repaired or replaced if—

• (a)

  the dwelling house or secondary dwelling was lawfully erected, and

• (b)

  the development application seeking the development consent is made to the consent authority no later than 5 years after the day on which the natural disaster caused the damage or destruction.

cl 5.9: Ins 2021 (302), Sch 1.24. Am 2022 (830), Sch 1.17[10].

5.9AA

(Repealed)

5.10Heritage conservationNote.

Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1)

The objectives of this clause are as follows—

• (a)

  to conserve the environmental heritage of the City of Newcastle,

• (b)

  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

• (c)

  to conserve archaeological sites,

• (d)

  to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Development consent is required for any of the following—

• (a)

  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

  • (i)

    a heritage item,

  • (ii)

    an Aboriginal object,

  • (iii)

    a building, work, relic or tree within a heritage conservation area,

• (b)

  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

• (c)

  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

• (d)

  disturbing or excavating an Aboriginal place of heritage significance,

• (e)

  erecting a building on land—

  • (i)

    on which a heritage item is located or that is within a heritage conservation area, or

  • (ii)

    on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

• (f)

  subdividing land—

  • (i)

    on which a heritage item is located or that is within a heritage conservation area, or

  • (ii)

    on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

However, development consent under this clause is not required if—

• (a)

  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

  • (i)

    is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

  • (ii)

    would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

• (b)

  the development is in a cemetery or burial ground and the proposed development—

  • (i)

    is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

  • (ii)

    would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

• (c)

  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

• (d)

  the development is exempt development.

(4)

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

The consent authority may, before granting consent to any development—

• (a)

  on land on which a heritage item is located, or

• (b)

  on land that is within a heritage conservation area, or

• (c)

  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6)

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

• (a)

  notify the Heritage Council of its intention to grant consent, and

• (b)

  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—

• (a)

  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

• (b)

  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—

• (a)

  notify the Heritage Council about the application, and

• (b)

  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—

• (a)

  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

• (b)

  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

Historical notesTable of amending instruments

Newcastle Local Environmental Plan 2012 (255). LW 15.6.2012. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended by cl 6.8(4) of this Plan and as follows—

2012	(506)	Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2.
No 96	Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012.
2013	(76)	State Environmental Planning Policy Amendment (Minmi–Newcastle Link Road) 2013. LW 1.3.2013. Date of commencement, on publication on LW, cl 2.
No 5	Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013.
No 47	Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 2.20, 5.7.2013, sec 2 (1).
(423)	State Environmental Planning Policy Amendment (Cessnock and Newcastle) 2013. LW 9.8.2013. Date of commencement, on publication on LW, cl 2.
(510)	Newcastle Local Environmental Plan 2012 (Amendment No 2). LW 30.8.2013. Date of commencement, on publication on LW, cl 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2013 No 111. Assented to 3.12.2013. Date of commencement of Sch 3.17, 30.8.2012, Sch 3.17.
(539)	Newcastle Local Environmental Plan 2012 (Amendment No 1). LW 13.9.2013. Date of commencement, on publication on LW, cl 2.
(628)	Newcastle Local Environmental Plan 2012 (Amendment No 3). LW 1.11.2013. Date of commencement, on publication on LW, cl 2.
No 111	Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27.
2014	(118)	Newcastle Local Environmental Plan 2012 (Amendment No 4). LW 14.3.2014. Date of commencement, on publication on LW, cl 2.
(154)	Newcastle Local Environmental Plan 2012 (Amendment No 5). LW 28.3.2014. Date of commencement, on publication on LW, cl 2.
(97)	State Environmental Planning Policy (Port Botany and Port Kembla) Amendment (Port of Newcastle) 2014. LW 7.3.2014. Date of commencement of Sch 2.1, 31.5.2014, cl 2 (1).
(289)	State Environmental Planning Policy Amendment (Newcastle) 2014. LW 30.5.2014. Date of commencement, 31.5.2014, cl 2.
No 33	Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36.
(483)	State Environmental Planning Policy Amendment (Newcastle City Centre) 2014. LW 29.7.2014. Date of commencement, on publication on LW, cl 2.
(513)	Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2.
(631)	Newcastle Local Environmental Plan 2012 (Amendment No 6). LW 26.9.2014. Date of commencement, on publication on LW, cl 2.
(672)	Newcastle Local Environmental Plan 2012 (Amendment No 7). LW 17.10.2014. Date of commencement, on publication on LW, cl 2.
No 88	Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1).
(764)	Newcastle Local Environmental Plan 2012 (Amendment No 9). LW 28.11.2014. Date of commencement, on publication on LW, cl 2.
(826)	Newcastle Local Environmental Plan 2012 (Amendment No 10). LW 19.12.2014. Date of commencement, on publication on LW, cl 2.
2015	(73)	Newcastle Local Environmental Plan 2012 (Amendment No 8). LW 20.2.2015. Date of commencement, on publication on LW, cl 2.
(201)	Newcastle Local Environmental Plan 2012 (Amendment No 12). LW 8.5.2015. Date of commencement, on publication on LW, cl 2.
(316)	State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015. Date of commencement, 4 weeks after publication on LW, cl 2.
(345)	Newcastle Local Environmental Plan 2012 (Amendment No 11). LW 26.6.2015. Date of commencement, on publication on LW, cl 2.
No 15	Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3).
(536)	Newcastle Local Environmental Plan 2012 (Amendment No 14). LW 4.9.2015. Date of commencement, on publication on LW, cl 2.
2016	(43)	Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2.
(70)	Newcastle Local Environmental Plan 2012 (Amendment No 17). LW 12.2.2016. Date of commencement, on publication on LW, cl 2.
(71)	Newcastle Local Environmental Plan 2012 (Amendment No 18). LW 12.2.2016. Date of commencement, on publication on LW, cl 2.
(126)	Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2.
(137)	Newcastle Local Environmental Plan 2012 (Amendment No 19). LW 18.3.2016. Date of commencement, on publication on LW, cl 2.
(248)	Newcastle Local Environmental Plan 2012 (Amendment No 15). LW 13.5.2016. Date of commencement, on publication on LW, cl 2.
(309)	Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2.
No 27	Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1).
(433)	Newcastle Local Environmental Plan 2012 (Amendment No 13). LW 8.7.2016. Date of commencement, on publication on LW, cl 2.
(586)	Newcastle Local Environmental Plan 2012 (Amendment No 21). LW 16.9.2016. Date of commencement, on publication on LW, cl 2.
(606)	Newcastle Local Environmental Plan 2012 (Amendment No 22). LW 30.9.2016. Date of commencement, on publication on LW, cl 2.
(607)	Newcastle Local Environmental Plan 2012 (Amendment No 23). LW 30.9.2016. Date of commencement, on publication on LW, cl 2.
2017	(347)	Newcastle Local Environmental Plan 2012 (Amendment No 24). LW 7.7.2017. Date of commencement, on publication on LW, cl 2.
(453)	Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2.
(489)	Newcastle Local Environmental Plan 2012 (Amendment No 27). LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(492)	Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(493)	State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2.
(564)	Newcastle Local Environmental Plan 2012 (Amendment No 20). LW 29.9.2017. Date of commencement, on publication on LW, cl 2.
(569)	Newcastle Local Environmental Plan 2012 (Amendment No 25). LW 6.10.2017. Date of commencement, on publication on LW, cl 2.
(655)	Newcastle Local Environmental Plan 2012 (Amendment No 29). LW 24.11.2017. Date of commencement, on publication on LW, cl 2.
2018	(102)	Newcastle Local Environmental Plan 2012 (Amendment No 26). LW 23.3.2018. Date of commencement, on publication on LW, cl 2.
(105)	Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2.
(144)	Newcastle Local Environmental Plan 2012 (Amendment No 31). LW 13.4.2018. Date of commencement, on publication on LW, cl 2.
(148)	Newcastle Local Environmental Plan 2012 (Amendment No 28). LW 17.4.2018. Date of commencement, on publication on LW, cl 2.
(149)	Newcastle Local Environmental Plan 2012 (Amendment No 32). LW 17.4.2018. Date of commencement, on publication on LW, cl 2.
(154)	Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2.
No 40	Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018.
(401)	Newcastle Local Environmental Plan 2012 (Amendment No 30). LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(402)	Newcastle Local Environmental Plan 2012 (Amendment No 34). LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(404)	Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(405)	Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2.
(406)	State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018 Date of commencement, on publication on LW, cl 2.
(482)	Newcastle Local Environmental Plan 2012 (Amendment No 33). LW 24.8.2018. Date of commencement, on publication on LW, cl 2.
(477)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2.
(488)	State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1).
No 46	Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019.
(586)	Newcastle Local Environmental Plan 2012 (Amendment No 35). LW 12.10.2018. Date of commencement, on publication on LW, cl 2.
(587)	Newcastle Local Environmental Plan 2012 (Amendment No 36). LW 12.10.2018. Date of commencement, on publication on LW, cl 2.
(634)	Newcastle Local Environmental Plan 2012 (Amendment No 37). LW 9.11.2018. Date of commencement, on publication on LW, cl 2.
(717)	Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2.
2019	(12)	Newcastle Local Environmental Plan 2012 (Amendment No 38). LW 18.1.2019. Date of commencement, on publication on LW, cl 2.
(133)	Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2.
(137)	State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2.
(272)	Newcastle Local Environmental Plan 2012 (Amendment No 40). LW 21.6.2019. Date of commencement, on publication on LW, cl 2.
(338)	Newcastle Local Environmental Plan 2012 (Amendment No 39). LW 12.7.2019. Date of commencement, on publication on LW, cl 2.
(458)	Newcastle Local Environmental Plan 2012 (Amendment No 41). LW 13.9.2019. Date of commencement, on publication on LW, cl 2.
(548)	Newcastle Local Environmental Plan 2012 (Amendment No 42). LW 15.11.2019. Date of commencement, on publication on LW, cl 2.
(549)	Newcastle Local Environmental Plan 2012 (Amendment No 43). LW 15.11.2019. Date of commencement, on publication on LW, cl 2.
(620)	Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2.
(621)	State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 1.10, 3 and 5, 15.1.2020, cl 2(1).
2020	(115)	Newcastle Local Environmental Plan 2012 (Amendment No 44). LW 27.3.2020. Date of commencement, on publication on LW, cl 2.
(155)	Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2.
(435)	Newcastle Local Environmental Plan 2012 (Amendment No 45). LW 24.7.2020. Date of commencement, on publication on LW, cl 2.
(461)	Newcastle Local Environmental Plan 2012 (Amendment No 46). LW 7.8.2020. Date of commencement, on publication on LW, cl 2.
(585)	State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2020. LW 30.9.2020. Date of commencement, on publication on LW, cl 2.
No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).
(636)	Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2.
(678)	Newcastle Local Environmental Plan 2012 (Amendment No 47). LW 20.11.2020. Date of commencement, on publication on LW, cl 2.
No 40	Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020.
(762)	Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2.
(787)	Newcastle Local Environmental Plan 2012 (Amendment No 49). LW 23.12.2020. Date of commencement, on publication on LW, cl 2.
2021	(68)	Newcastle Local Environmental Plan 2012 (Amendment No 48). LW 19.2.2021. Date of commencement, on publication on LW, cl 2.
(125)	Newcastle Local Environmental Plan 2012 (Amendment No 51). LW 19.3.2021. Date of commencement, on publication on LW, cl 2.
No 6	Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.
(154)	State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2021. LW 31.3.2021. Date of commencement, on publication on LW, cl 2.
(226)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2.
(302)	State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2.
(609)	Newcastle Local Environmental Plan 2012 (Amendment No 50). LW 15.10.2021. Date of commencement, on publication on LW, cl 2.
(650)	Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2.
(711)	Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2.
2022	(71)	Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2.
(592)	Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2.
(628)	Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2.
(765)	Newcastle Local Environmental Plan 2012 (Amendment No 52). LW 9.12.2022. Date of commencement, on publication on LW, cl 2.
(830)	State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2.
2023	(522)	Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2.
(523)	State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2.
(554)	State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2.
(608)	Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2.
(609)	State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2.
(664)	State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.9, on publication on LW, sec 2(b).
(698)	State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2.
(703)	Newcastle Local Environmental Plan 2012 (Amendment No 53). LW 15.12.2023. Date of commencement, on publication on LW, cl 2.
2025	(364)	Newcastle Local Environmental Plan 2012 (Amendment No 55). LW 18.7.2025. Date of commencement, on publication on LW, cl 2.
(376)	Newcastle Local Environmental Plan 2012 (Amendment No 56). LW 25.7.2025. Date of commencement, on publication on LW, cl 2.
(403)	State Environmental Planning Policy (Planning Systems) Amendment (Broadmeadow Precinct) 2025. LW 8.8.2025. Date of commencement, on publication on LW, sec 2.
(403)	Newcastle Local Environmental Plan 2012 (Amendment No 57). LW 22.8.2025. Date of commencement, on publication on LW, cl 2.
(493)	Newcastle Local Environmental Plan 2012 (Amendment No 58). LW 12.9.2025. Date of commencement, on publication on LW, cl 2.
(511)	Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2.

Table of amendments

No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.

Cl 1.8A	Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
Cl 1.9A	Am 2019 (621), Sch 5[2]–[4].
Cl 2.1	Am 2018 (149), Sch 1 [1]; 2022 (830), Sch 1.17[1].
Land Use Table	Am 2014 (154), Sch 1 [1]; 2014 (483), Sch 1 [1]–[3]; 2017 (493), Sch 1.1 [1] [2]; 2017 (655), cl 4; 2018 (149), Sch 1 [2]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (68), cl 5(1); 2022 (830), Sch 1.17[2].
Cl 4.1	Am 2022 (830), Sch 1.17[3].
Cl 4.1AA	Am 2015 (201), Sch 1 [1]; 2022 (830), Sch 1.17[4].
Cl 4.1A	Am 2014 (118), Sch 1; 2022 (830), Sch 1.17[5].
Cl 4.1B	Ins 2015 (201), Sch 1 [2]. Am 2022 (830), Sch 1.17[6] [7].
Cl 4.3	Am 2023 (703), Sch 1[1].
Cl 4.6	Am 2013 (76), Sch 2 [1]; 2023 (554), Sch 2.21[1]; 2023 (703), Sch 1[2].
Cl 5.1	Am 2013 (539), Sch 1 [1]; 2020 No 30, Sch 4.56; 2022 (830), Sch 1.17[7]–[9].
Cl 5.1A	Am 2013 (539), Sch 1 [2]; 2022 (830), Sch 1.17[7]–[9].
Cl 5.3	Am 2022 (830), Sch 1.17[7].
Cl 5.4	Am 2018 (406), Sch 1.101 [1] [2].
Cl 5.9	Ins 2021 (302), Sch 1.24. Am 2022 (830), Sch 1.17[10].
Cl 5.22	Subst 2023 (609), Sch 1.1[2].
Cl 6.3	Am 2015 (316), Sch 2.9 [1] [2]; 2023 (664), Sch 3.9[1] [2].
Cl 6.4	Am 2014 (483), Sch 1 [4]. Subst 2016 (137), cl 4.
Cl 6.8	Ins 2020 (585), Sch 1. Am 2020 (787), Sch 1[1]–[8]; 2021 (154), cl 4(1)–(4). Rep 2012 (255), cl 6.8(4). Ins 2022 (830), Sch 1.17[11].
Cl 6.9	Ins 2022 (830), Sch 1.17[11].
Cl 6.10	Ins 2025 (493), Sch 1[1].
Cl 7.3	Am 2022 (830), Sch 1.17[12].
Cl 7.5	Am 2014 (483), Sch 1 [5]; 2023 (523), Sch 1.6[1] [2]; 2023 (698), Sch 1.5[1]–[3]; 2023 (703), Sch 1[3]; 2025 (403), Sch 1[1] [2].
Cl 7.6	Am 2022 (830), Sch 1.17[13] [14].
Cl 7.7	Rep 2018 (587), cl 4 (1).
Cl 7.8	Rep 2014 (483), Sch 1 [6].
Cl 7.9	Am 2014 (483), Sch 1 [7]. Subst 2023 (703), Sch 1[4].
Cl 7.9A	Ins 2023 (703), Sch 1[4].
Cl 7.10	Am 2013 No 47, Sch 2.20 [1]–[4]. Subst 2014 (483), Sch 1 [8].
Cl 7.10A	Ins 2014 (483), Sch 1 [8]. Am 2023 (703), Sch 1[5].
Part 8	Ins 2013 (76), Sch 2 [2].
Cl 8.1	Ins 2013 (76), Sch 2 [2]. Am 2019 (621), Sch 1.10. Rep 2023 (554), Sch 2.21[2].
Cll 8.2–8.4	Ins 2013 (76), Sch 2 [2].
Part 9	Ins 2025 (403), Sch 1[3].
Part 9, Div 1	Ins 2025 (403), Sch 1[3].
Cl 9.1	Ins 2025 (403), Sch 1[3].
Cl 9.2	Ins 2025 (403), Sch 1[3].
Cl 9.3	Ins 2025 (403), Sch 1[3].
Cl 9.4	Ins 2025 (403), Sch 1[3].
Cl 9.5	Ins 2025 (403), Sch 1[3].
Part 9, Div 2	Ins 2025 (403), Sch 1[3].
Cl 9.6	Ins 2025 (403), Sch 1[3].
Cl 9.7	Ins 2025 (403), Sch 1[3].
Cl 9.8	Ins 2025 (403), Sch 1[3].
Cl 9.9	Ins 2025 (403), Sch 1[3].
Cl 9.10	Ins 2025 (403), Sch 1[3].
Sch 1	Am 2013 (539), Sch 1 [3]; 2013 (628), cl 4; 2014 (289), Sch 1 [1]; 2016 (70), cl 5 (1) (2); 2018 (482), cl 4; 2022 (830), Sch 1.17[15].
Sch 2	Am 2017 (564), cl 5; 2022 (830), Sch 1.17[16].
Sch 3	Am 2018 (402), cl 4 (1)–(4).
Sch 4	Am 2013 (510), Sch 1 [1]–[4]; 2014 (154), Sch 1 [2]; 2016 (248), cl 5; 2017 (347), cl 5; 2017 (489), cl 4; 2018 (401), cl 5; 2021 (125), cl 5(1).
Sch 5	Am 2014 (97), Sch 2.1 [1] [2]; 2016 No 27, Sch 2.28; 2016 (433), Sch 1 [1]–[10]; 2016 (607), cl 4; 2017 (569), Sch 1 [1]–[7]; 2018 (586), cl 4 (1) (2); 2018 (587), cl 4 (2) (3); 2018 (634), Sch 1; 2019 (12), cl 5; 2019 (272), cl 5; 2019 (338), cl 5; 2019 (458), Sch 1 [1] [2]; 2019 (548), cl 5; 2019 (549), cl 5; 2020 (461), cl 5; 2021 (68), cl 5(2); 2021 (125), cl 5(2); 2021 (609), Sch 1[1] [2]; 2022 (765), Sch 1[1] [2]; 2025 (364), Sch 1; 2025 (376), Sch 1; 2025 (441), Sch 1.

Dictionary

Am 2013 (76), Sch 2 [3]; 2014 (289), Sch 1 [2]; 2014 No 88, Sch 2.45; 2023 (554), Sch 2.21[3]; 2025 (403), Sch 1[4]; 2025 (493), Sch 1[2].

Maps

Am 2013 (76), cl 3 (2); 2013 (423), cl 5; 2013 (510), cl 4 (am 2013 No 111, Sch 3.17); 2013 (539), cl 4; 2014 (118), cl 4; 2014 (154), cl 4; 2014 (289), cl 4; 2014 (483), cl 3; 2014 (631), cl 4; 2014 (672), cl 4; 2014 (764), cl 4; 2014 (826), cl 4; 2015 (73), cl 4; 2015 (345), cl 4; 2015 (536), cl 4; 2016 (70), cl 4; 2016 (71), cl 4; 2016 (248), cl 4; 2016 (433), cl 4; 2016 (586), cl 4; 2016 (606), cl 4; 2017 (347), cl 4; 2017 (564), cl 4; 2017 (569), cl 4; 2018 (102), cl 4; 2018 (144), cl 4; 2018 (148), cl 4; 2018 (149), cl 4; 2018 (401), cl 4; 2018 (634), cl 4; 2019 (12), cl 4; 2019 (272), cl 4; 2019 (338), cl 4; 2019 (458), cl 4; 2019 (548), cl 4; 2019 (549), cl 4; 2020 (115), cl 4; 2020 (435), cl 4; 2020 (461), cl 4; 2020 (678), cl 4; 2021 (68), cl 4; 2021 (125), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment.