Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument does, mechanically
Establishes the local planning rules that apply to land in the City of Newcastle (the Plan) and identifies the Council as the consent authority (cls 1.1AA, 1.3, 1.6). It does this by: maps and schedules that show zones, permitted uses, heights, floor space ratios (FSR), lot sizes and other site-specific constraints (cls 1.7; Land Zoning Map; Height of Buildings Map; Floor Space Ratio Map; Lot Size Map).
Creates a zoned Land Use Table that lists for each zone (R2, R3, R4, E1–E5, MU1, SP1–SP3, RE1–RE2, C1–C4, W2, etc.) the objectives for development, what is permitted with and without consent, and what is prohibited (cls 2.1–2.3; Land Use Table).
Sets key development standards and how to calculate them: minimum lot sizes for subdivision (cl 4.1, 4.1AA), maximum building heights (cl 4.3), maximum floor space ratios (cl 4.4) and detailed rules for calculating site area and FSR (cl 4.5). It also contains an exceptions process that allows the consent authority to approve departures from development standards when specific tests are met (cl 4.6).
Defines what is exempt and what is complying development so some low‑impact works can proceed without full development consent (Part 3, cl 3.1–3.3; Schedules 2–3).
Imposes a general requirement that subdivision, demolition and many other works need development consent unless specifically exempt or complying (cls 2.6–2.7; Part 3).
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Direct links to the current provisions in Newcastle Local Environmental Plan 2012.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land 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].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
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 R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W2 Recreational Waterways
3 Permitted 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
4 Prohibited
Backpackers’ accommodation; Hostels; Rural workers’ dwellings; Serviced apartments; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Classified road” | Transport for NSW | | Zone C3 Environmental Management and marked “Classified road” | Transport for NSW | | Zone C4 Environmental Living and marked “Classified road” | Transport for NSW | | Zone E5 Heavy Industrial and marked “Classified road” | Transport for NSW | | Zone E1 Local Centre and marked “Classified road” | Transport for NSW | | Zone R2 Low Density Residential and marked “Classified road” | Transport for NSW | | Zone R3 Medium Density Residential and marked “Classified road” | Transport for NSW | | Zone R2 Low Density Residential and marked “Local road” | Council | | Zone R3 Medium Density Residential and marked “Local road” | Council | | Zone E1 Local Centre and marked “Car park” | Council | | Zone W2 Recreational Waterways and marked “Classified road” | Transport for NSW |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2013 (539), Sch 1 [1]; 2020 No 30, Sch 4.56; 2022 (830), Sch 1.17[7]–[9].
Part 6 Additional local provisions—generally
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), foundations or flood mitigation works, or
(b) the works are not likely to lower the watertable.
Part 7 Additional local provisions—Newcastle City Centre
7.1 Objectives of Part
The objectives of this Part are as follows—
(a) to promote the economic revitalisation of Newcastle City Centre,
(b) to strengthen the regional position of Newcastle City Centre as a multi-functional and innovative centre that encourages employment and economic growth,
(c) to protect and enhance the positive characteristics, vitality, identity, diversity and sustainability of Newcastle City Centre, and the quality of life of its local population,
(d) to promote the employment, residential, recreational and tourism opportunities in Newcastle City Centre,
(e) to facilitate the development of building design excellence appropriate to a regional city,
(f) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that Newcastle City Centre achieves sustainable social, economic and environmental outcomes,
(g) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of Newcastle City Centre for the benefit of present and future generations,
(h) to help create a mixed use place, with activity during the day and throughout the evening, so Newcastle City Centre is safe, attractive, inclusive and efficient for its local population and visitors alike.
Part 8 Additional local provisions—urban release areas
pt 8: Ins 2013 (76), Sch 2 [2].
8.1 (Repealed)
Part 9 Additional local provisions—Broadmeadow Precinct
pt 9: Ins 2025 (403), Sch 1[3].
Division 1 General
pt 9, div 1: Ins 2025 (403), Sch 1[3].
9.1 Definition
In this part—
Broadmeadow Place Strategy means the Broadmeadow Place Strategy published by Newcastle City Council in March 2025.
cl 9.1: Ins 2025 (403), Sch 1[3].
Division 2 Development on key sites
pt 9, div 2: Ins 2025 (403), Sch 1[3].
Schedule 1 Additional permitted uses
(Clause 2.5)
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]; 2026 (31), Sch 1[2].
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2017 (564), cl 5; 2022 (830), Sch 1.17[16].
Cemeteries and burial grounds (other than those to which clause 5.10 applies)
Must only be development comprising—
(a) the creation of a new grave or monument, or
(b) an excavation or disturbance of the land for the purpose of carrying out conservation or repair of a monument or grave marker.
Note.
Clause 5.10 contains provisions that deal with the disturbance of human remains, relics in the form of grave goods or places of Aboriginal heritage significance.
Clearing of native vegetation planted for commercial purposes
(1) May only be undertaken with the written agreement of the owner of the land on which the native vegetation is located.
(2) May only involve native vegetation that was planted for agriculture, agroforestry, forestry, horticulture or woodlot purposes.
(3) The native vegetation must not be, or comprise a part of, a threatened species, population or ecological community listed in—
(a) Schedule 1, 1A or 2 to the Threatened Species Conservation Act 1995, or
(b) Schedule 4, 4A or 5 to the Fisheries Management Act 1994.
Temporary promotional banners
(1) Must be the installation of a banner attached to an electricity pole, another pole or lighting column that is owned by the Council or an electricity supply authority.
(2) Must only be for the purposes of promoting a civic or community event (including a public exhibition, a festival, a sporting event, a charity event or the like) to be held in the Council’s local government area.
(3) Must be located on a public road in Zone E2 or MU1 that is within the Newcastle City Centre.
(4) Must have the written approval of the owner of the pole or column before installing the banner.
(5) Must not be longer than 2m or wider than 800mm.
(6) Must not include advertising of a commercial nature, other than the name of the event’s sponsor at the top or bottom of the banner and not covering more than 20% of the area of the banner.
(7) Must not be displayed earlier than 14 days before the event.
(8) Must be removed within 2 days after the event.
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2018 (402), cl 4 (1)–(4).
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2013 (510), Sch 1 [1]–[4]; 2014 (154), Sch 1 [2]; 2016 (248), cl 5; 2017 (347), cl 5; 2017 (489), cl 4; 2018 (401), cl 5; 2021 (125), cl 5(1).
Schedule 5 Environmental heritage
(Clause 5.10)
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.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
10 Pond design
(1) Must not require the construction of new ponds, water storages, dams or buildings.
(2) Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3) Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
11 Culture water
Must use freshwater.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Newcastle Local Environmental Plan 2012.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in the City of Newcastle in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to respect, protect and complement the natural and cultural heritage, the identity and image, and the sense of place of the City of Newcastle,
(b) to conserve and manage the natural and built resources of the City of Newcastle for present and future generations, and to apply the principles of ecologically sustainable development in the City of Newcastle,
(c) to contribute to the economic well being of the community in a socially and environmentally responsible manner and to strengthen the regional position of the Newcastle city centre as a multi-functional and innovative centre that encourages employment and economic growth,
(d) to facilitate a diverse and compatible mix of land uses in and adjacent to the urban centres of the City of Newcastle, to support increased patronage of public transport and help reduce travel demand and private motor vehicle dependency,
(e) to encourage a diversity of housing types in locations that improve access to employment opportunities, public transport, community facilities and services, retail and commercial services,
(f) to facilitate the development of building design excellence appropriate to a regional city.
Provides a range of local controls and special provisions: heritage protection and required heritage assessments (cl 5.10; Schedule 5), acid sulfate soils, earthworks, public land classification (cl 5.2; Schedule 4), controls on works below mean high water mark (cl 5.7), flood planning (cls 5.21–5.22) and rules about music/noise for licensed premises (cl 5.20).
Contains Newcastle City Centre‑specific provisions (Part 7) that may override other Plan provisions for land in the centre: design excellence requirements and design competitions for large projects, minimum street frontages, building separation rules, active street frontage requirements, and special additional height/FSR allowances for Wickham where community infrastructure is provided (cls 7.1–7.10A).
Introduces precinct and key‑site controls for Broadmeadow (Part 9, inserted provisions): requires consistency with the Broadmeadow Place Strategy, sustainability measures (stormwater, urban heat), design excellence and site‑specific development control plans (DCPs), and mandatory affordable housing/ community facility or other site obligations on identified key sites (cls 9.2–9.10). It also excludes certain provisions of the State Housing SEPP for those key sites (cl 9.10).
Enables the Council to require affordable housing contributions where mapped (cl 6.10) and to accept land or dwellings or monetary contributions as the levy (cl 6.10(3)–(5)). The clause references a Newcastle Affordable Housing Contributions Scheme adopted by Council (cl 6.10(6)).
Allows, in limited circumstances, the Plan (and consents under it) to suspend private covenants and similar instruments so development consistent with the Plan can proceed, subject to important exemptions (e.g. Crown instruments, conservation agreements, planning agreements) (cl 1.9A).
Who is affected
Landowners and developers inside the Newcastle LGA: the Plan defines what uses are allowed on each parcel, the applicable development standards (lot size, height, FSR), and the approvals required. Developers proposing larger projects will face mandatory design excellence processes and, in key areas, additional infrastructure or affordable housing obligations (cls 7.5, 7.9, 7.9A, 9.6–9.9, 6.10).
Residents and neighbours: the Plan sets amenity, heritage and flood‑risk protections (cls 5.10, 5.21–5.22, Schedule 5), and rules about temporary uses and events (cl 2.8, cl 6.6).
The Council (consent authority): exercises significant discretion in assessing applications, imposing conditions (including covenants), requiring DCPs or heritage management documents and commissioning design review (cls 1.6, 5.10(5)–(6), 7.5(4)–(6)).
Registered community housing providers and providers of public infrastructure: certain key‑site approvals require on‑site permanently managed affordable housing and provision of community facilities (cl 9.6–9.9, cl 6.10).
Other State agencies and the Minister: several provisions require coordination with or exclusion of State policies (e.g. application of SEPPs, Ministerial approvals for maps, references to Transport for NSW for classified roads, cl 1.9, cl 1.7, cl 5.1).
Why it matters (official aims and how the Plan seeks to achieve them)
Implementation mechanics, incentives and trade‑offs (testing the purpose claims)
Incentives created: the Plan ties increases in built yield to the delivery of public benefits. For Wickham (cls 7.9, 7.9A) and Broadmeadow key sites (cls 9.6–9.9), developers can access higher heights or FSR only if they provide community infrastructure, site‑specific DCPs and, in some cases, affordable housing. That structure creates a direct developer incentive to supply public infrastructure in exchange for commercial uplift (see cls 7.9(8), 7.9A(7), 9.6–9.9).
Who pays: the economic cost of required infrastructure, affordable housing or higher design standards will primarily fall on the project proponent (developer/landowner) either through direct provision or via conditions/levies (cl 6.10, cls 7.9/7.9A, cls 9.6–9.9). The Council is the enforcer and recipient (where contributions are monetary or land is dedicated).
Behavioural effects: developers may concentrate projects on mapped ‘uplift’ sites where increased FSR/height is obtainable (cls 7.9/7.9A), or they may revise proposals to meet design excellence and heritage requirements to secure consent. Smaller developers may be disadvantaged where upfront costs of competitive design processes or required onsite infrastructure are significant.
Trade‑offs and compliance burden: the Plan increases procedural complexity for larger projects—design competitions, DCPs, heritage management documents, design review panels and site‑specific sustainability checks (cls 7.5(4)–(6), 9.3–9.5, 5.10(5)–(6)). These impose time and cost on applicants and on Council as consent authority.
Legal and implementation risk: the Plan cross‑references many State instruments and external technical guidelines (e.g. SEPPs, Flood Risk Management Manual, Department guidelines), making correct application dependent on those external documents and mappings (cl 1.9; cls 5.21–5.22). The suspension of private covenants in limited circumstances (cl 1.9A) may invite disputes where owners rely on private restrictions absent the specified exemptions.
Concentrated benefits and diffuse costs: benefits from uplift and re‑development (additional commercial/residential floor area) will be concentrated to owners and developers of specific mapped sites, whereas amenity impacts and infrastructure pressures are more widely dispersed among neighbours and the broader community (see cls 7.9, 7.9A, 6.10).
Key, actionable points for a practitioner or landowner
Always check the relevant map(s) for the parcel (Zoning, HOB, FSR, Lot Size, Key Sites, Heritage, Affordable Housing) before advising on use or lodging an application (cls 1.7, 2.2, Schedule maps).
Expect heritage items and conservation areas (Schedule 5, cl 5.10) to trigger additional assessment requirements and possible constraints or conservation obligations.
For larger developments, prepare to justify departures under cl 4.6, meet design excellence tests (cl 7.5/9.4), and possibly participate in a competitive design process or design review.
If proposing development in Wickham or Broadmeadow key sites, design proposals around the Plan’s requirement that increased height/FSR be tied to the provision of community infrastructure and affordable housing (cls 7.9, 7.9A, 9.6–9.9).
If relying on private covenants, note cl 1.9A: some covenants may be suspended to permit development consistent with the Plan, but specified Crown and conservation instruments are excluded from that suspension.
Complexity references: see clauses and schedules cited above (notably Part 2 Land Use Table; Part 3 exempt/complying; Part 4 standards; Part 5 miscellaneous; Part 6 local provisions; Part 7 City Centre; Part 9 Broadmeadow; Schedules 1–6).
1.3 Land to which Plan applies
This Plan applies to the land identified on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
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.
1.8A Savings provision relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2023 (609), Sch 1.1[1].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
(2A) State Environmental Planning Policy No 71—Coastal Protection does not apply to land in the Newcastle City Centre.
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Residential 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].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5 Additional permitted uses for particular land
(1) Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, 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.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(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.
1
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.
2
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.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8 Temporary use of land
(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.
(3) Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accor
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