Newcastle Local Environmental Plan 2003



Part 1 Strategic direction and application of plan
1   Name of plan
This plan is Newcastle Local Environmental Plan 2003.
2   Land to which plan applies
(1)  This plan applies to all land within the City of Newcastle, except as provided by subclause (2).
(2)  This plan does not apply to land to which Newcastle City Centre Local Environmental Plan 2008 applies.
cl 2: Am 2009 (136), Sch 1 [1].
3   Explanatory notes
Notes which appear in this plan are explanatory only and do not form part of the plan.
4   Context and relationship to other environmental planning instruments
(1)  This plan sets a planning framework to help achieve the objects of the Act in the City of Newcastle.
(2)  This plan provides a basis for the preparation of development control plans to guide and assist the preparation, assessment and determination of development applications.
(3)  This plan:
(a)    (Repealed)
(b)  repeals clause 2 (3) and Part 10 of, and Schedule 3 to, Hunter Regional Environmental Plan 1989.
cl 4: Am 2009 (136), Sch 1 [2].
5   Aims and general objectives
This plan has the following aims and general objectives:
Aim 1
To respect, protect and complement the natural and cultural heritage, the identity and image, and the sense of place of the City of Newcastle.
Objectives
The objectives are to:
(a)  respect and build upon positive aspects of local character and amenity, and
(b)  contribute positively to the public domain, namely its urban streetscapes and open spaces, or its rural and natural landscapes, and
(c)  conserve the environmental heritage of the City of Newcastle, and
(d)  conserve the heritage significance of the existing built fabric, relics, settings and views associated with identified heritage items and heritage conservation areas, and
(e)  ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and
(f)  protect places and structures which have the potential to have heritage significance but have not been identified as heritage items, and
(g)  ensure that nominated heritage conservation areas retain their heritage significance.
Aim 2
To conserve and manage the natural and built resources of the City of Newcastle for present and future generations, and to apply the principles of ecologically sustainable development (ESD) in the City of Newcastle.
Objectives
The objectives are to:
(a)  protect and enhance biodiversity, and
(b)  minimise the use of non-renewable resources and optimise the use of renewable resources, and
(c)  minimise, and where possible eliminate, waste and pollution, and
(d)  rehabilitate soil, water and vegetation, where damaged by past activities, and
(e)  address natural hazards and other risks such as flooding, bushfire, mine subsidence, landslip, coastal inundation, soil and groundwater contamination, acid sulphate soils and the like, and
(f)  ensure buildings are designed to be capable of being readily adapted for reuse for one or more purposes.
Aim 3
To contribute to the economic well being of the community in a socially and environmentally responsible manner.
Objectives
The objectives are to:
(a)  where possible create sustainable employment opportunities, and
(b)  contribute to a greater degree of economic and employment self-sufficiency in the City of Newcastle, its urban centres and its neighbourhoods, as well as in the Hunter Region, and
(c)  not jeopardise the ongoing operation and potential of the port of Newcastle, the adjacent industrial lands and the associated significant freight transport undertakings, and
(d)  reinforce the roles of established urban centres in their present hierarchy, comprising the city centre, the district centres and the local centres, as generally described in the Newcastle Urban Strategy, and
(e)  contribute positively to urban centres being focal points for employment, particularly in the service sectors of the economy, and
(f)  provide for home based businesses that are compatible with the character and amenity of the neighbourhood in which they are to be located, and
(g)  take advantage of and contribute to those locations not in urban centres, which are valuable to the economy of the City of Newcastle and the Hunter Region.
Aim 4
To improve the quality of life and well being of the people of the City of Newcastle.
Objectives
The objectives are to:
(a)  maximise positive social impacts and eliminate or minimise potentially detrimental social impacts, and
(b)  optimise safety and security, both for the development and for the public realm, and
(c)  promote inclusiveness in the provision of access to accommodation, facilities or services, and
(d)  contribute positively to the functional efficiency, accessibility and urban quality of the City of Newcastle, and
(e)  ensure adequate provision of utility services.
Aim 5
To facilitate a diverse and compatible mix of land uses in and adjacent to the urban centres of the City of Newcastle, to support increased patronage of public transport and help reduce travel demand and private motor-vehicle dependency.
Objectives
The objectives are to:
(a)  contribute to the diversity of and synergies between activities in and around urban centres, including housing, employment, service delivery and community activity, and
(b)  contribute positively to urban centres being places that are and will become more highly desirable places in which to reside as well as work, and
(c)  optimise the shared use of streets and parking facilities, while improving or creating a safe, attractive, friendly and efficient pedestrian and cycling environment.
Aim 6
To encourage a diversity of housing types in locations that improve access to employment opportunities, public transport, community facilities and services, retail and commercial services, and the like.
Objectives
The objectives are to:
(a)  facilitate improved housing choice for the people of the City of Newcastle, and
(b)  add to the stock of urban housing in and within a reasonable walking distance of local centres, district centres, the city centre, and other public transport nodes, and
(c)  ensure that urban housing is constructed in a manner that can accommodate or be adapted to the needs of a variety of household types.
cl 5: Am 2009 (136), Sch 1 [3] [4].
6   Method
This plan sets the framework for the achievement of its aims and objectives by:
(a)  defining zones and identifying those zones on a set of maps called the zoning map, and
(b)  providing guidance for the assessment and determination of development applications having consideration for the environmental, economic and social impact of proposed development and its contribution to the achievement of the aims and objectives of the plan as well as the specific zone objectives nominated for the various zones under the plan, and
(c)  identifying Central Honeysuckle, Freeway North Business Park, Steel River and the Dan Land as areas that have specific planning objectives, procedures and criteria applying to them, and
(d)  identifying items of environmental heritage and heritage conservation areas and providing for their protection, and
(e)  providing for the use of land for temporary purposes and the acquisition of land reserved for public purposes, and
(f)  requiring that certain environmental matters, such as the presence of bush fire prone land, acid sulphate soils or the impact of Hunter River flooding are adequately considered in the assessment of development applications, and
(g)  providing for vegetation management and the protection of trees, and
(h)  providing for the public advertisement and appropriate referral of certain development proposed under the plan, and
(i)  providing for the suspension of those parts of covenants and other private agreements that hinder the implementation of the plan.
cl 6: Am 2007 (40), Sch 2 [1]; 2008 (448), Sch 1 [1].
7   Consent authority
(1)  The Council is the consent authority for the purposes of this plan, except where otherwise specified under the Act.
(2)    (Repealed)
cl 7: Am 2005 (194), Sch 4.4 [1] [2].
8   Requirements for development
In addition to the other heads of consideration set out in section 79C (1) of the Act, the consent authority must have regard to the following particular matters before granting consent to proposed development:
(a)  the relevant aims and general objectives of this plan,
(b)  the relevant zone objectives nominated by this plan for the particular zone in which the land concerned is situated, as shown on the zoning map,
(c)  any other relevant provision of this plan.
9   Transitional provision
Despite clause 4 (3), Newcastle Local Environmental Plan 1987, as in force immediately before the commencement of this plan, continues to apply to a development application relating to land to which this plan applies, if:
(a)  the application was made but not finally determined before the commencement of this plan, and
(b)  the development which is the subject of the application is prohibited under the provisions of this plan, but was permissible with consent under that plan.
Part 2 General controls for development
10   Exempt development
Development specified in Schedule 1 is exempt development if:
(a)  it is development that is of a kind that can be carried out with consent on the land on which it is proposed, and
(b)  it complies with the relevant development standards and any other requirements specified in that Schedule for the particular form of development proposed, and
(c)  it does not contravene any condition of development consent applying to the subject land, and
(d)  it is not carried out on land identified as an Aboriginal place or on which there is a known Aboriginal relic, or that has been dedicated or reserved under the National Parks and Wildlife Act 1974, and
(e)  it is not carried out on community land the subject of a resolution of the Council:
(i)  under section 36C of the Local Government Act 1993 (relating to areas containing significant natural features), or
(ii)  under section 36D of the Local Government Act 1993 (relating to areas of cultural significance), and
(f)  it is not carried out on flood prone land unless otherwise stated in Schedule 1, and
(g)  it is not carried out on land that is critical habitat or the subject of a recovery plan or threat abatement plan that specifies measures to be taken in respect of the land under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, and
(h)  it is not carried out on land that is, or is likely to be, affected by elevated concentrations of soil or groundwater contaminants unless a site audit statement certifies that the land is suitable for the proposed development, and
(i)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(j)  it does not restrict any approved car parking facility or vehicular or pedestrian access to or from the site, and
(k)  it does not obstruct the drainage of the site on which it is carried out or the drainage of adjacent lands.
cl 10: Am 2009 (136), Sch 1 [5]–[7].
11   Complying development
Development specified in Part 1 of Schedule 2 is complying development if:
(a)  it is development that is of a kind that can be carried out with consent on the land on which it is proposed, and
(b)  it complies with any requirements specified in Part 1 of that Schedule for the particular form of development proposed, and
(c)  it does not contravene any condition of development consent applying to the subject land, and
(d)  it is not carried out on land identified as an Aboriginal place or on which there is a known Aboriginal relic, or that has been dedicated or reserved under the National Parks and Wildlife Act 1974, and
(e)  it is not carried out on community land the subject of a resolution of the Council:
(i)  under section 36C of the Local Government Act 1993 (relating to areas containing significant natural features), or
(ii)  under section 36D of the Local Government Act 1993 (relating to areas of cultural significance), and
(f)  it is not carried out on flood prone land unless otherwise stated in Schedule 2, and
(g)  it is not carried out on land that is critical habitat or the subject of a recovery plan or threat abatement plan that specifies measures to be taken in respect of the land under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994, and
(h)  it is not carried out on land that is, or is likely to be, affected by elevated concentrations of soil or groundwater contaminants unless a site audit statement certifies that the land is suitable for the proposed development, and
(i)  a certificate of compliance has been obtained for the development, if required from the Hunter Water Corporation, and
(j)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(k)  it does not restrict any approved car parking facility or vehicular or pedestrian access to or from the site.
cl 11: Am 2009 (136), Sch 1 [8]–[10].
12   Conditions for complying development
A complying development certificate issued for complying development under this plan is subject to the standard conditions for complying development specified in Part 2 of Schedule 2.
cl 12: Am 2009 (136), Sch 1 [11].
13   Development that does not require consent
Except as otherwise provided by this plan, the following do not require consent:
(a)  exempt development identified in clause 10,
(b)  utility undertakings described in Schedule 4 when carried out by a public authority,
(c)  anything specified in section 4B (3) of the Act,
(d)  development below high water mark for purposes related to the operation of the Port of Newcastle by the Newcastle Port Authority,
(e)  environmental protection works,
(f)  emergency bush fire hazard reduction work or fire fighting acts,
(g)  managed bush fire hazard reduction work on land other than excluded land.
14   Development that requires consent
Except as otherwise provided by this plan, the following may be carried out only with development consent:
(a)  a use of land,
(b)  the subdivision of land,
(c)  the erection of a building,
(d)  the carrying out of a work, including:
(i)  the excavation, filling or dredging of land, and
(ii)  the disposal of waste,
(e)  the removal or pruning of a tree or the clearing of native vegetation,
(f)  the injuring or poisoning of a tree,
(g)  the demolition or removal of a building, work, relic or place in whole or in part,
(h)  works involving a heritage item or within a heritage conservation area involving the alteration of a building, work or relic by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which would not adversely affect any heritage significance it may have,
(i)  altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its interior, except changes resulting from any maintenance necessary for its ongoing protective care which would not adversely affect any heritage significance it may have,
(j)  disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved or destroyed,
(k)  the moving to another location of a building or relic,
(l)  the display of an advertising sign,
(m)  the carrying out of a utility undertaking described in Schedule 4 otherwise than by a public authority.
15   Development that is prohibited
Except as otherwise provided by this plan, the following development is prohibited:
(a)  development for the purpose of hazardous industries, hazardous storage establishments, offensive industries or offensive storage establishments,
(b)  the carrying out of particular land uses within a zone if nominated as prohibited development in the zone.
16   Zonings
(1)  For the purposes of this plan, land within the City of Newcastle is within a zone if so indicated on the zoning map in accordance with the Table to this clause.
(2)  Except as otherwise provided by this plan, the development that may be carried out without consent, only with the consent of the consent authority, and that is prohibited, is specified in the Table to this clause under the headings “Development without consent”, “Development only with consent” and “Prohibited development”, respectively, for each of the zones under this plan.
Table
Zone 1 (a)   Rural Residential Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “1 (a)” or coloured beige on the zoning map.
2   Zone objectives
(a)  To accommodate rural and semi-residential development that is compatible with surrounding land uses, sensitive to the environment and sympathetic to rural and natural landscapes.
(b)  To respect the biodiversity, habitat, landscape and cultural values of the rural and semi-rural parts of the City of Newcastle.
(c)  To require the disposal of generated waste on site, where practicable, and the implementation of soil and water management systems that minimise the environmental impact of development.
(d)  To respect the cultural, historic and landscape values of the site and the locality.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Development for the purpose of:
agriculture
animal establishments
bed and breakfast accommodation
camping grounds or caravan parks
childcare centres
clearing
community facilities
convenience shops
dwellings
dwelling-houses
educational establishments
environmental facilities
home employment
home workplaces
mines
plant nurseries
recreation areas
roadside stalls
tree removal
utility undertakings
Demolition.
Subdivision.
5   Prohibited development
Any development not identified in item 3 or 4.
Zone 2 (a)   Residential Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “2 (a)” or coloured yellow on the zoning map.
2   Zone objectives
(a)  To accommodate a diversity of housing forms that respect the amenity, heritage and character of surrounding development and the quality of the environment.
(b)  To accommodate home-based business and community facilities that do not unreasonably or significantly detract from the amenity or character of the neighbourhood and the quality of the environment.
(c)  To require the retention of existing housing stock where appropriate, having regard to ESD principles.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
advertising signs
advertising structures
aerodromes
airstrips
animal establishments
automotive services
boarding houses
brothels
bulky goods retail outlets
camping grounds or caravan parks
car repair stations
cemeteries
clubs
commercial offices
commercial premises
crematoriums
eco-generating works
eco-tourism facilities
electronic communication centres
extractive industries
generating works
goods terminals
hazardous industries
hazardous storage establishments
helipads
heliports
home workplaces
hospitals
hotels
industries
institutions
intensive agriculture
light industries
liquid fuel depots
local shops
marinas
mines
motor showrooms
natural water-based aquaculture
offensive industries
offensive storage establishments
passenger terminals
places of assembly
places of worship
plant nurseries
pond-based aquaculture
ports
recreation areas
recreation facilities
restaurants
roadside stalls
serviced apartments
sex aid establishments
sexual entertainment establishments
shops
tank-based aquaculture
transport depots
warehouses
waste management facilities or works
Zone 2 (b)   Urban Core Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “2 (b)” or coloured orange on the zoning map.
2   Zone objectives
(a)  To provide for a diversity of housing types that respect the amenity, heritage and character of surrounding development and the quality of the environment.
(b)  To accommodate a mix of home-based employment-generating activities that are compatible in scale and character with a predominantly residential environment.
(c)  To accommodate a limited range of non-residential development of a scale and intensity compatible with a predominantly residential environment which does not unreasonably detract from the amenity or character of the neighbourhood or the quality of the environment.
(d)  To require the retention of existing housing stock where appropriate, having regard to ESD principles.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
advertising signs
advertising structures
aerodromes
airstrips
animal establishments
automotive services
brothels
bulky goods retail outlets
camping grounds or caravan parks
car repair stations
cemeteries
clubs
commercial offices
commercial premises
crematoriums
eco-generating works
eco-tourism facilities
electronic communication centres
extractive industries
generating works
goods terminals
hazardous industries
hazardous storage establishments
helipads
heliports
hotels
industries
intensive agriculture
light industries
liquid fuel depots
local shops
marinas
mines
motor showrooms
natural water-based aquaculture
offensive industries
offensive storage establishments
passenger terminals
plant nurseries
pond-based aquaculture
ports
recreation areas
recreation facilities
restaurants
roadside stalls
sex aid establishments
sexual entertainment establishments
shops
tank-based aquaculture
transport depots
warehouses
waste management facilities or works
Zone 3 (a)   Local Centre Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “3 (a)” or coloured bright red on the zoning map.
2   Zone objectives
(a)  To provide for a compatible mix of business and housing in accessible locations, that could reasonably be expected to serve a local community with a population in the order of 5,000 people, which will maintain the hierarchy of urban centres throughout the City of Newcastle and will not prejudice the viability of the District Centre or the City Centre zone.
(b)  To conserve and enhance the built character and cultural heritage of local centres and to reinforce their vitality and viability.
(c)  To accommodate activities that serve the social, cultural and recreational needs of the local community.
(d)  To encourage residential development to be designed and located above or adjacent to core retail frontages in order to contribute to a safe, attractive, friendly, accessible and efficient pedestrian environment.
(e)  To ensure that new development has regard to the character and amenity of adjacent residential areas.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
aerodromes
agriculture
airstrips
animal establishments
brothels
bulky goods retail outlets
camping grounds or caravan parks
cemeteries
crematoriums
eco-generating works
eco-tourism facilities
electronic communication centres
exhibition villages
extractive industries
generating works
goods terminals
hazardous industries
hazardous storage establishments
helipads
heliports
industries other than light industries
intensive agriculture
liquid fuel depots
marinas
mines
natural water-based aquaculture
offensive industries
offensive storage establishments
passenger terminals
pond-based aquaculture
ports
roadside stalls
sex aid establishments
sexual entertainment establishments
shops
tank-based aquaculture
transport depots
warehouses
waste management facilities or works
Zone 3 (b)   District Centre Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “3 (b)” or coloured red on the zoning map.
2   Zone objectives
(a)  To provide for a compatible mix of retail, commercial, recreational and other compatible employment activities that could reasonably be expected to service a district with a population in the order of 20,000–30,000 people and maintain the hierarchy of urban centres throughout the City of Newcastle.
(b)  To recognise and not prejudice the viability of the Newcastle City Centre as the pre-eminent retail, commercial, administrative, social, cultural and recreational centre of the City of Newcastle and the Hunter Region.
(c)  To encourage a compatible and balanced mix of residential and commercial development above or adjacent to core retail frontages that contributes to a safe, attractive, friendly, accessible and efficient pedestrian environment.
(d)  To conserve and enhance the built character and cultural heritage of district centres to reinforce their character and improve their vitality and viability.
(e)  To ensure that new development has regard to the character and amenity of adjacent residential areas.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
aerodromes
agriculture
airstrips
animal establishments
camping grounds or caravan parks
cemeteries
crematoriums
eco-generating works
eco-tourism facilities
exhibition villages
extractive industries
generating works
goods terminals
hazardous industries
hazardous storage establishments
helipads
heliports
industries other than light industries
intensive agriculture
liquid fuel depots
marinas
mines
natural water-based aquaculture
offensive industries
offensive storage establishments
pond-based aquaculture
ports
roadside stalls
tank-based aquaculture
transport depots
warehouses
waste management facilities or works
Zone 3 (c)   City Centre Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “3 (c)” or coloured light red on the zoning map.
2   Zone objectives
(a)  To promote the Newcastle City Centre as the pre-eminent regional centre of the Hunter providing for activities of a higher functional order and development intensity than is provided for in District Centre and Local Centre zones under this plan.
(b)  To accommodate a diverse and compatible range of uses and activities within the City Centre, within its street blocks and within individual buildings and sites, including high density residential development and a wide range of employment generating activities, such as:
(i)  commercial and retail development, and
(ii)  cultural and entertainment facilities, and
(iii)  tourism, leisure and recreation functions, and
(iv)  social, education and health services, and
(v)  small scale light industries and service industries.
(c)  To accommodate compatible mixed use development above or adjacent to core retail and commercial street frontages that contributes to a safe, attractive and efficient pedestrian environment.
(d)  To conserve and enhance the rich cultural and built heritage of the City Centre to reinforce its unique character and improve its vitality and viability.
(e)  To enable development of waterfront sites to take advantage of the harbour while avoiding a continuous built edge along the waterfront, and not compromising or devaluing the scale and operations of the Port of Newcastle.
(f)  To provide for the creation and maintenance of easily located public access and view corridors.
(g)  To provide for development that is consistent in scale and character with:
(i)  other development in the locality and the City Centre generally, and
(ii)  the landscape and streetscape context of the City Centre including, but not limited to, the city skyline, the foreshore, the coast and the Port of Newcastle.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
aerodromes
agriculture
airstrips
animal establishments
camping grounds or caravan parks
cemeteries
crematoriums
eco-generating works
eco-tourism facilities
exhibition villages
extractive industries
generating works
goods terminals
hazardous industries
hazardous storage establishments
heliports
industries other than light industries
intensive agriculture
liquid fuel depots
mines
natural water-based aquaculture
offensive industries
offensive storage establishments
pond-based aquaculture
roadside stalls
tank-based aquaculture
waste management facilities or works
Zone 3 (d)   Mixed Use Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “3 (d)” or coloured light purple on the zoning map.
2   Zone objectives
(a)  To provide for a range of compatible land uses, such as residential accommodation and appropriate employment-generating development including low intensity retailing, commercial and light industrial development within close proximity to key transport routes.
(b)  To promote and facilitate opportunities to live and conduct business on a mixed use basis.
(c)  To ensure that the scale, design and nature of development contributes positively to the visual quality of key transport corridors.
(d)  To ensure that appropriate employment-generating development including low intensity retailing, commercial or light industrial development respects the residential amenity of the neighbourhood.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
aerodromes
agriculture
airstrips
animal establishments
camping grounds or caravan parks
cemeteries
crematoriums
eco-generating works
eco-tourism facilities
exhibition villages
extractive industries
generating works
goods terminals
hazardous industries
hazardous storage establishments
helipads
heliports
industries other than light industries
intensive agriculture
liquid fuel depots
marinas
mines
natural water-based aquaculture
offensive industries
offensive storage establishments
pond-based aquaculture
ports
roadside stalls
tank-based aquaculture
waste management facilities or works
Zone 4 (a)   Urban Services Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “4 (a)” or coloured purple on the zoning map.
2   Zone objectives
(a)  To accommodate a wide range of light industrial, transport and storage activities which do not adversely affect the amenity of the neighbourhood.
(b)  To accommodate a wide range of employment-generating uses and associated support facilities with good access to the arterial road network for freight movement.
(c)  To accommodate sales and storage operations requiring extensive space such as bulky goods retail outlets, which will not prejudice the viability of local centres, district centres or the Newcastle City Centre.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
aerodromes
agriculture
airstrips
bed and breakfast accommodation
boarding houses
camping grounds or caravan parks
cemeteries
clubs
commercial offices
dwellings or dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry)
eco-tourism facilities
educational establishments
exhibition homes
exhibition villages
extractive industries
generating works
hazardous industries
hazardous storage establishments
heliports
hospitals
hotels
industries other than light industries
institutions
intensive agriculture
liquid fuel depots
local shops
mines
motels
natural water-based aquaculture
offensive industries
offensive storage establishments
pond-based aquaculture
ports
restaurants
roadside stalls
serviced apartments
shops
urban housing
waste management facilities or works
Zone 4 (b)   Port and Industry Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “4 (b)” or coloured brown on the zoning map.
2   Zone objectives
(a)  To accommodate port, industrial, maritime industrial, and bulk storage activities which by their nature or the scale of their operations require separation from residential areas and other sensitive land uses.
(b)  To require that development of land within 750 metres from the high-water mark of the shores of the Port of Newcastle, capable of docking ocean-going vessels, is used for purposes that:
(i)  require a waterfront location that provides direct access to deep water, or
(ii)  depend upon water-borne transport of raw materials or finished products, or
(iii)  have a functional relationship that necessitates proximity to the activities described above.
(c)  To facilitate sustainable development through the application of industrial ecology.
(d)  To provide for other development which will not significantly detract from the operation of large scale industries or port-related activities, that is primarily intended to provide services to persons employed in such industries and activities.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
agriculture
bed and breakfast accommodation
boarding houses
bulky goods retail outlets
camping grounds or caravan parks
cemeteries
child care centres
commercial offices
dwellings or dwelling-houses (other than those used in conjunction with industry and situated on the same land as the industry)
eco-tourism facilities
educational establishments
exhibition homes
exhibition villages
hazardous industries
hazardous storage establishments
hospitals
hotels
institutions
intensive agriculture
local shops
motels
natural water-based aquaculture
offensive industries
offensive storage establishments
places of assembly
places of worship
pond-based aquaculture
recreation areas
roadside stalls
serviced apartments
shops
urban housing
Zone 4 (c)   Steel River Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “4 (c)” or coloured with light brown spots on the zoning map.
2   Zone objectives
(a)  To facilitate the development of employment-generating industrial, research, service or storage activities.
(b)  To allow commercial, retail or other development only where it is:
(i)  ancillary to the use of land within this zone for industrial, research, service or storage purposes, or
(ii)  primarily intended to provide personal services and community facilities to persons occupied or employed in activities otherwise permitted in this zone or for the benefit of the local community.
(c)  To ensure that any such commercial, retail or other development is unlikely to be prejudicial:
(i)  to employment-generating activities, or
(ii)  to the viability of existing commercial centres.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
advertising structures
aerodromes
agriculture
airstrips
bed and breakfast accommodation
boarding houses
camping grounds or caravan parks
cemeteries
commercial offices
dwellings or dwelling-houses (other than those used in conjunction with industry or commercial premises and situated on the same land as the industry or commercial premises)
exhibition homes
exhibition villages
extractive industries
hazardous industries
hazardous storage establishments
heliports
hospitals
hotels
institutions
local shops
mines
motels
natural water-based aquaculture
offensive industries
offensive storage establishments
pond-based aquaculture
roadside stalls
serviced apartments
shops
urban housing
Zone 5 (a)   Special Uses Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “5 (a)” or coloured dark blue on the zoning map, followed by a particular land use nominated in respect of the site.
2   Zone objectives
(a)  To accommodate major transport networks and facilities.
(b)  To accommodate large scale facilities and services, together with ancillary activities.
(c)  To accommodate large scale community establishments, together with ancillary activities.
(d)  To require development to be integrated and reasonably consistent in scale and character with surrounding natural, rural or urban environments.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
advertising structures
aerodromes
airstrips
animal establishments
automotive services
brothels
bulky goods retail outlets
camping grounds or caravan parks
car repair stations
clubs
commercial premises
exhibition villages
extractive industries
hazardous industries
hazardous storage establishments
heliports
hotels
industries other than light industries
intensive agriculture
liquid fuel depots
marinas
mines
motor showrooms
natural water-based aquaculture
offensive industries
offensive storage establishments
places of assembly
pond-based aquaculture
ports
roadside stalls
sex aid establishments
sexual entertainment establishments
shops
tank-based aquaculture
transport depots
warehouses
Zone 5 (b)   Special Uses Reservation Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “5 (b)” or coloured light blue on the zoning map, followed by a particular land use nominated in respect of the site.
2   Zone objectives
(a)  To reserve land for future essential services including roads, railways, open space and community purposes.
(b)  To reserve for open space purposes land possessing special recreational, aesthetic, ecological or conservation value.
(c)  To protect land that is to be acquired for a public purpose from inappropriate development.
(d)  To allow the development of land within this zone for an interim purpose where it is not immediately required, provided that such development does not affect the usefulness of the land for the nominated purpose for which it is required.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Any development not identified in item 3 or 5.
5   Prohibited development
Development for the purpose of:
advertising structures
aerodromes
airstrips
animal establishments
automotive services
boarding houses
brothels
bulky goods retail outlets
camping grounds or caravan parks
car repair stations
clubs
commercial offices
commercial premises
dwelling-houses
eco-tourism facilities
electronic communication centres
exhibition villages
extractive industries
goods terminals
hazardous industries
hazardous storage establishments
heliports
home workplaces
hotels
industries
intensive agriculture
light industries
liquid fuel depots
local shops
marinas
mines
motels
motor showrooms
natural water-based aquaculture
offensive industries
offensive storage establishments
places of assembly
plant nurseries
pond-based aquaculture
ports
recreation areas
recreation facilities
restaurants
roadside stalls
serviced apartments
sex aid establishments
sexual entertainment establishments
shops
tank-based aquaculture
transport depots
urban housing
warehouses
waste management facilities or works
Zone 6 (a)   Open Space and Recreation Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “6 (a)” or coloured bright green on the zoning map.
2   Zone objectives
(a)  To accommodate leisure, recreation and sports facilities in parks, gardens, plazas and other open spaces, for the general use of the community, where consistent with an adopted plan of management under the Local Government Act 1993 or the Crown Lands Act 1989.
(b)  To provide for the conservation of urban bushland where associated with parks and other open spaces.
(c)  To accommodate other facilities for the benefit of the community that are compatible and consistent with the heritage and character of the open space and with the character and amenity of the neighbourhood.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Development for the purpose of:
camping grounds or caravan parks
childcare centres
clearing
clubs
community facilities
convenience shops
dwellings
dwelling-houses
eco-generating works
eco-tourism facilities
environmental facilities
flood works
helipads
home employment
marinas
passenger terminals
places of assembly
recreation areas
recreation facilities
restaurants
tree removal
utility undertakings
Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.
Demolition.
Subdivision.
5   Prohibited development
Any development not identified in item 3 or 4.
Zone 7 (a)   Conservation Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “7 (a)” or coloured light green on the zoning map.
2   Zone objectives
(a)  To provide for the conservation of the rural and bushland character of the land that forms the scenic edge of and the gateway to urban Newcastle.
(b)  To provide for the conservation, enhancement and protection of environmentally sensitive land, such as remnant bushland, in both urban and rural localities.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Development for the purpose of:
airstrips
agriculture
animal establishments
bed and breakfast accommodation
camping grounds or caravan parks
cemeteries
child care centres
clearing
community facilities
convenience shops
dwellings
dwelling-houses
eco-generating works
eco-tourism facilities
educational establishments
environmental facilities
flood works
helipads
home employment
home workplaces
institutions
natural water-based aquaculture
plant nurseries
pond-based aquaculture
recreation areas
roadside stalls
tank-based aquaculture
tree removal
utility undertakings
Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.
Demolition.
Subdivision.
5   Prohibited development
Any development not identified in item 3 or 4.
Zone 7 (b)   Environmental Protection Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “7 (b)” or coloured dark green on the zoning map.
2   Zone objectives
(a)  To provide for the conservation, enhancement and protection of environmentally sensitive land, particularly wetlands.
(b)  To allow limited development where it is unlikely to have a significant detrimental effect on the growth of natural communities, the survival of native wildlife populations, the provision and quality of habitats for indigenous and migratory species and the surface and ground water characteristics of the site.
(c)  To provide for the management of the majority of the Hunter River flood plain by restricting the type and scale of development to that compatible with the anticipated risk to life and property.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Development for the purpose of:
agriculture
clearing
dwellings
dwelling-houses
eco-generating works
environmental facilities
flood works
recreation areas
tree removal
utility undertakings
Any development allowed by a plan of management under the Local Government Act 1993 or Crown Lands Act 1989.
Demolition.
Subdivision.
5   Prohibited development
Any development not identified in item 3 or 4.
Zone 7 (c)   Environmental Investigation Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “7 (c)” or coloured pale pink on the zoning map.
2   Zone objectives
(a)  To provide for the development of land for purposes which will not, or will be unlikely to, prejudice its possible future development for urban purposes or its environmental conservation.
(b)  To conserve the rural or bushland character, and the biodiversity values or other conservation values, of the land.
3   Development without consent
Any development identified in clause 13.
4   Development only with consent
Development for the purpose of:
agriculture
airstrips
animal establishments
bed and breakfast accommodation
clearing
dwellings
dwelling-houses
eco-generating works
environmental facilities
flood works
helipads
home employment
home workplaces
intensive agriculture
mines
plant nurseries
recreation areas
roadside stalls
tree removal
utility undertakings
Demolition.
Subdivision.
5   Prohibited development
Any development not identified in item 3 or 4.
Zone 8 (a)   National Parks Zone
1   Manner shown on zoning map
Land in this zone is edged heavy black and marked “8 (a)” or coloured khaki on the zoning map.
2   Zone objectives
To provide for the management and appropriate development of land which is reserved or dedicated under the National Parks and Wildlife Act 1974.
3   Development without consent
Any development authorised by or under the National Parks and Wildlife Act 1974 and any development incidental or ancillary to such development.
4   Development only with consent
Nil.
5   Prohibited development
Any development not identified in item 3.
cl 16, table: Am 2009 (136), Sch 1 [12]–[14].
Part 3 Special provisions
17   Subdivision
(1) Subdivision of land in more than one zone A subdivision is prohibited if it would create a lot comprised of land within more than one zone, except as provided subclause (2).
(2)  Despite subclause (1), the consent authority may consent to a subdivision that creates such a lot if at least 90% of the land in the lot is within the same zone.
(3)  Any lot created under the exception provided by subclause (2) is taken to be wholly within the zone in which the largest part of the land in the lot is included.
(4) Subdivision of land within Zones 1 (a), 6 (a), 7 (a), 7 (b) and 7 (c) Consent must not be granted to subdivision of land in Zone 1 (a), 6 (a), 7 (a), 7 (b) or 7 (c) unless the subdivision is complying development.
cl 17: Am 2009 (136), Sch 1 [15] [16].
18   Covenants
(1)  Any covenant, agreement or like instrument, which is contrary to development that is permitted and for which consent has been granted under this plan, does not apply to the extent to which the covenant, agreement or instrument would prevent or restrict the development from being undertaken in accordance with the consent.
(2)  Subclause (1) does not apply to a registered instrument that confers a benefit on a public authority.
(3)  The Governor approved of subclauses (1) and (2) pursuant to section 28 of the Act prior to the making of this plan.
19   Classification and reclassification of public land as operational land
(1)  The public land referred to in Schedule 5 is classified or reclassified as operational land for the purposes of the Local Government Act 1993, subject to this clause.
(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions or covenants affecting the land or any part of the land, except for:
(a1)  those (if any) specified in relation to the land in Part 2 of Schedule 5, and
(a)  any reservations that except land out of a Crown grant relating to the land, and
(b)  reservations of minerals (within the meaning of the Crown Lands Act 1989).
(3)  Before the relevant amending plan inserted a description of land in Part 2 of Schedule 5, the Governor approved of subclause (2) applying to the land.
(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 5, means this plan or, if the description of the land is inserted into that Part by another local environmental plan, that plan.
(4A)  Land described in Part 3 of Schedule 5:
(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.
(5)  Land described in Part 1 of Schedule 5 is not affected by the amendments to section 30 of the Local Government Act 1993 made by the Local Government Amendment (Community Land Management) Act 1998.
cl 19: Am 24.12.2004.
20   Use of land for temporary purposes
Despite any other provision of this plan, a person may, with development consent, use land for a temporary purpose for a period of not more than 72 hours, whether consecutive or not, if:
(a)  in the opinion of the consent authority, the use would have no significant adverse impacts on the environment or the amenity of the neighbourhood, and
(b)  the use would not involve the erection of or alteration to any structure being a structure or alteration intended to be permanent, and
(c)  the use consists of an activity that has been approved by the Council.
21   Reservation of land for public purposes, its interim use and its acquisition
Note—
Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.
(1)  In this clause:
the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.
the SRA means the State Rail Authority.
vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.
(2)  The owner of any land within Zone 5 (b) may, by notice in writing, require:
(a)  the RTA to acquire that land if it is marked “Arterial Road” on the zoning map, or
(b)  the SRA to acquire that land if it is marked “Rail” on the zoning map, or
(c)  the Council to acquire other land nominated for another purpose on the zoning map.
(3)  On receipt of a notice under subclause (2), the public authority concerned shall acquire the land if:
(a)  in the case of land marked “Arterial Road” or “Rail” on the zoning map, the land is included in the 5-year works program of the RTA or the SRA, respectively, current at the time of the notice, or
(b)  in the case of land referred to in subclause (2) (c), the land is included in a section 94 contributions plan or a Council adopted works program current at the time of the notice, or
(c)  in the case of land marked “Arterial Road” or “Rail” on the zoning map, the RTA or the SRA, respectively, has decided not to give its concurrence under subclause (5) (a) to an application to carry out development on the land, or
(d)  the Council has decided not to grant consent to develop the land on the basis of the matters specified in subclause (6), or
(e)  the public authority required to acquire the land is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable timeframe.
(4)  Despite subclause (3), the public authority concerned need not acquire the land if it might reasonably be required to be dedicated for the purpose for which it has been reserved, as marked on the zoning map.
(5)  Despite any other provision of this plan, land marked “Arterial Road” or “Rail” may be developed with the consent of the Council for any purpose that may be carried out in an adjacent zone.
(6)  In deciding whether to grant consent to proposed development, the Council must take the following matters into consideration:
(a)  the need to carry out development on the land for the purpose nominated on the zoning map,
(b)  the imminence of acquisition,
(c)  the likely additional cost to the authority concerned resulting from the carrying out of the proposed development.
cl 21: Am 2005 No 64, Sch 2.41; 2008 (571), Sch 3.127 [1]–[3].
22   Certain industrial land at Hexham
(1)  This clause applies to land in Zone 4 (b) shown by diagonal cross-hatching on the zoning map.
(2)  The consent authority shall not consent to development that involves filling of land to which this clause applies unless:
(a)  a comprehensive filling and stormwater drainage master plan for the site has been prepared by a practising engineer experienced in flood management which confirms that the land is able to be filled without adverse impacts on adjoining lands or on the overall flood environment, and
(b)  an emergency response plan has been prepared to the satisfaction of the State Emergency Services area controller providing for the position of warnings and the safe evacuation of persons in the event of inundation of the site by floodwaters and the proposed development complies with the provisions of that plan.
23   Access to arterial roads
(1)  Unless subclause (2) has been complied with, a person shall not carry out development on land which adjoins an arterial road unless direct vehicular access to the land is made by way of a road that is not an arterial road.
(2)  Consent may be granted to development that involves direct vehicular access from a development site to an arterial road if alternative access to that development site is provided by a road that is not an arterial road or by a proposed road identified as an access road in a development control plan or, in the opinion of the consent authority, alternative access is not practicable.
(3)    (Repealed)
cl 23: Am 17.12.2004.
24   Development of land below high water mark
A person shall not carry out development on any land:
(a)  below high water mark, or
(b)  forming part of the bed of a river, creek, bay, lagoon or other natural watercourse, or
(c)  which has been reclaimed,
except with development consent.
25   Acid sulfate soils
(1)  In this clause:
works means any disturbance of more than one tonne of soils, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins), the construction of footings or erection of foundations, flood works, or any other works that are likely to lower the water-table.
(2)  A person shall not, without the consent of the consent authority, carry out works on land to which this plan applies, being Class 1, 2, 3, 4, or 5 land as indicated on the “Potential Acid Sulphate Soils Planning Map”, being works specified for the respective class of land in the following Table, except as otherwise provided by this clause:
Acid sulphate soils table
Class of land
Works to which this clause applies
1
Any works.
2
Works below the ground surface.
Works by which the water table is likely to be lowered.
3
Works more than 1 metre below the natural ground level.
Works by which the water table is likely to be lowered beyond 1 metre below natural ground surface.
4
Works more than 2 metres below the natural ground level.
Works by which the water table is likely to be lowered more than 2 metres below natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3, or 4 land which are likely to lower the water table more than 1 metre on that adjacent Class 1, 2, 3, or 4 land.
(3)  The consent authority shall not grant consent required by subclause (2) unless it has considered:
(a)  the adequacy of an acid sulphate soils management plan prepared for the proposed development in accordance with the Acid Sulphate Soils Manual, and
(b)  the likelihood of the proposed development resulting in the discharge of acid into ground or surface water, and
(c)    (Repealed)
(4)  Despite subclause (2), consent is not required for the carrying out of the works specified in that subclause, if:
(a)  a copy of a preliminary assessment of the proposed works, undertaken in accordance with the Acid Sulphate Soils Manual, has been provided to the consent authority, and
(b)  the consent authority has provided written advice to the person proposing to carry out the works, confirming that, on the basis of the preliminary assessment, the proposed works will not require the preparation of an acid sulphate soils management plan in accordance with the Acid Sulphate Soils Manual.
(5)  Despite subclause (2), development may be carried out by the Council, the Hunter Water Corporation or the Hunter Catchment Management Trust, without consent, being:
(a)  development consisting of emergency works, or
(b)  development consisting of routine maintenance, or
(c)  development consisting of minor works,
except that development referred to in paragraph (c) on premises that are a heritage item may be carried out only with the consent of the consent authority.
(6)  Where the Council, the Hunter Water Corporation or the Hunter Catchment Management Trust carries out development referred to in subclause (5) and encounters, or is likely to encounter acid sulphate soils, the authority concerned shall properly deal with those soils in accordance with the Acid Sulphate Soils Manual so as to minimise the actual or potential impact to the environment arising from their disturbance.
cl 25: Am 2008 (571), Sch 3.127 [4].
26   Bush fire prone land
The consent authority shall not grant consent to development on bush fire prone land unless the consent authority is satisfied with the measures proposed to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire.
26A   Development for certain additional purposes
(1)  Nothing in this plan prevents a person, with the consent of the consent authority, from carrying out development on land referred to in Schedule 8 for a purpose specified in relation to that land in that Schedule, subject to such conditions (if any) as are so specified.
(2)  Subclause (1) does not affect the application to or in respect of development to which this clause applies of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the consent authority in respect of the development.
cl 26A: Ins 2005 (573), Sch 1 [1].
26B   Infrastructure development and use of existing buildings of the Crown
(1)  This plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out without consent under the State Environmental Planning Policy (Infrastructure) 2007.
(2)  This plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
cl 26B: Ins 2009 (136), Sch 1 [17].
Part 4 Environmental heritage conservation
27   Heritage assessment
(1)  In assessing a development application to carry out work, including demolition work, on a heritage item or within a heritage conservation area, the consent authority shall have regard to the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or the heritage conservation area.
(2)  Where the consent authority is satisfied that the carrying out of the proposed development is likely to, or may, affect the heritage significance of the heritage item or the heritage conservation area, the assessment shall include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to the assessment of these issues if the heritage significance of the particular item or area involves other issues):
(a)  for development that involves a heritage item:
(i)  the heritage significance of the item as part of the environmental heritage of the City of Newcastle, and
(ii)  the impact the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(iii)  the measures proposed to conserve the heritage significance of the item and its setting,
(b)  for development that is proposed to be carried out within a heritage conservation area:
(i)  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to the heritage significance of the area, and
(ii)  the impact the proposed development would have on the heritage significance of the heritage conservation area, and
(iii)  the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the scale, form, orientation, setbacks, materials and detailing of the proposed development, and
(iv)  the measures proposed to protect the significance of the heritage conservation area and its setting, and
(v)  whether any landscape or horticultural features which contribute to the heritage significance of the area would be affected by the proposed development.
Note—
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
cl 27: Am 2009 (136), Sch 1 [18] [19].
cl 27: Am 2008 (571), Sch 3.127 [5].
28   Conservation management
In assessing a development application to carry out work on a heritage item, the consent authority may, if it considers it to be appropriate, require the submission of a conservation management plan and have regard to the plan’s recommendations.
29   Advertised development
(1)  The following development is identified as advertised development for the purposes of the definition of advertised development in section 4 (1) of the Act:
(a)  the demolition of a heritage item or a building, work, relic, tree or place in a heritage conservation area,
(b)  development referred to in clause 34.
(2)  This clause does not apply to the demolition or partial demolition of a building or work within a heritage conservation area which, in the opinion of the consent authority, is of a minor nature and would not adversely affect the heritage significance of the heritage conservation area.
30   (Repealed)
cl 30: Rep 2008 (571), Sch 3.127 [6].
31   Development affecting places or sites of Aboriginal heritage significance
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority shall:
(a)  consider a heritage impact statement, which addresses the heritage impact of the proposed development, and
(b)  notify local Aboriginal communities of the proposed development and take into consideration any comments received in response within 21 days from the date of notification.
cl 31: Am 2008 (571), Sch 3.127 [7] [8].
32   Development affecting archaeological sites or relics of non-Aboriginal heritage significance
(1)  Before granting consent for development that will be carried out on an archaeological site of a relic that has non-Aboriginal heritage significance, the consent authority shall consider a heritage impact statement which addresses the heritage impact of the proposed development.
(2)  This clause does not apply if the proposed development does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development.
33   Development in the vicinity of a heritage item or heritage conservation area
Before granting consent to development in the immediate vicinity of a heritage item or a heritage conservation area, the consent authority shall assess the impact of the proposed development on the heritage significance of the heritage item or the heritage conservation area and, in this regard, the consent authority may require the submission of a heritage impact statement.
cl 33: Am 2009 (136), Sch 1 [20].
34   Conservation incentives
Despite any other provisions of this plan, the consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which a heritage item is erected, if:
(a)  it is satisfied, on the basis of a heritage impact statement that the proposed use would not adversely affect the heritage significance of the heritage item or its setting and the conservation of the heritage item would be promoted or encouraged by the granting of the consent, and
(b)  the proposed use is not contrary to the provisions of any conservation management plan applicable to the site which has been endorsed by the consent authority, and
(c)  the granting of the consent to the proposed use would ensure that necessary conservation work identified in the conservation management plan is carried out, and
(d)  the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
Part 5 Honeysuckle, Freeway North Business Park, Steel River and the Dan Land
pt 5, hdg: Subst 2007 (40), Sch 2 [2]. Am 2008 (448), Sch 1 [2].
35   Central Honeysuckle and Linwood
(1) Central Honeysuckle In this clause, Central Honeysuckle means land at Honeysuckle shown edged heavy black on the map in Schedule 7 (the Central Honeysuckle public domain concept plan).
(2)  When granting consent to development on land in Central Honeysuckle, the consent authority shall ensure that:
(a)  not less than 6.5 hectares or 25% of the total land area of Central Honeysuckle will be available as public open space or public domain, located approximately as shown on the map in Schedule 7, and
(b)  a continuous public promenade at least 6 metres wide is provided along the harbour foreshore, which may divert away from the water’s edge only because of reasonable operational requirements made by adjoining land uses.
(3)  Despite any other provision of this plan, land in Central Honeysuckle within either Zone 3 (c) or 6 (a) may, with consent, be developed for any purpose for which land in the other zone may be developed, but only if the consent authority is satisfied that carrying out the proposed development:
(a)  will achieve better urban design outcomes than would be achieved if it were not carried out, and
(b)  will not reduce the total amount of land in Central Honeysuckle that is available for public open space purposes below the amount specified in subclause (2) (a) and shown as public domain on the map in Schedule 7.
(4)  Despite any other provision of this plan, consent may be granted for the carrying out on any land in Central Honeysuckle of development that is prohibited in Zone 3 (c) if the consent authority is satisfied that the development is compatible with other lawful development that is being or may be carried out on land in Central Honeysuckle.
(5) Linwood Despite any other provision of this plan, consent may be granted for the carrying out of development for the purpose of a restaurant at Linwood within Lot 1 SP 68299 and for development for the purpose of alfresco dining in conjunction with that development on land within 10 metres of that lot.
36   Land in Zone 4 (c) at Mayfield West
(1)  This clause applies to land at Mayfield West, shown edged heavy black and marked “4 (c)” or shown with light brown spots on the zoning map.
(2)  In this clause:
environmental envelope means all the requirements set out in Part D of the Strategic Impact Assessment Study, and includes (without limitation) the requirements relating to the following:
(a)  air quality, noise emissions and water quality,
(b)  industrial ecology and ecologically sustainable development,
(c)  the social and economic welfare of residents and workers in Newcastle,
(d)  urban design and landscaping,
(e)  the cultural, historic and landscape significance of the land.
qualified person means a person:
(a)  who holds qualifications in a relevant field (such as town planning, engineering, architecture or environmental sciences) that are recognised by a professional association and the Council, and
(b)  who has been registered with the Council as a qualified person for the relevant purpose of preparing the study requested under subclause (5).
Strategic Impact Assessment Study means the study titled Strategic Impact Assessment Study concerning land at Tourle Street and Industrial Drive, Mayfield—the Steel River Project, approved by the Council and dated February 1998, a copy of which is available at the office of the Council.
(3) Public notification On receipt of a development application with respect to land to which this clause applies, the consent authority shall:
(a)  give public notice of the receipt of the application, within 7 days of its receipt, in a newspaper circulating in the City of Newcastle, and
(b)  invite the public to inspect the proposal, at a place and at a time specified in the notice.
(4) Permissible development The consent authority shall not grant consent to the carrying out of development on land to which this clause applies unless:
(a)  the development is allowed with consent within Zone 4 (c) and complies with the environmental envelope, and
(b)  the environmental effects of any aspect of the development relating to air quality, noise emissions or water quality that have not been addressed in the Strategic Impact Assessment Study, meet any relevant standards determined by the Department of Environment and Climate Change.
(5) Granting consent The consent authority should, within 28 days of receipt of a development application relating to land to which this clause applies, grant consent to the carrying out of the development, if it is satisfied that:
(a)  a study prepared by a qualified person demonstrates that the provisions of subclause (4) have been met, and
(b)  the consent authority has met its obligations under Part 4 of the Act with respect to the assessment of the development application and, in particular, the matters required to be taken into consideration under section 79C (1) of the Act.
(6) Review of standards The Council shall undertake a full review of the environmental envelope at regular intervals from the commencement of this plan and shall, at least annually, make public a copy of the monitoring reports furnished under the environmental envelope.
(7)  In carrying out any such review, the Council shall consult with the Department of Environment and Climate Change and any other groups it considers appropriate and give the public an opportunity to comment on the draft review.
(8)  Any such review is to include recommendations for changes to the Strategic Impact Assessment Study that are appropriate to ensure that a high standard of environmental protection is maintained.
(9) Liaison Committee The Council and the owners of the land to which this clause applies are to establish a Liaison Committee to meet regularly with representatives of the Community Association (referred to in the Strategic Impact Assessment Study) and members of the public to share and obtain information on environmental monitoring and the performance of individual developments on the land as well as the aggregate environmental performance of development on the land.
(10) Relationship to other instruments The provisions of any development control plans approved by the Council prior to the commencement of this plan do not apply to the land to which this clause applies.
cl 36: Am 2009 (136), Sch 1 [21]–[23].
36A   The Dan Land
(1)  In this clause, the Dan Land means land at 290 and 302 Minmi Road, Fletcher (Lot 11, DP 1044935 and Lot 2, DP 534168) in the local government area of Newcastle, as shown edged heavy black on the zoning map.
(2)  Despite any other provision of this plan, development for any of the following purposes is prohibited on any part of the Dan Land that is within Zone 7 (b):
(a)  agriculture,
(b)  dwelling-houses,
(c)  dwellings.
Note—
The Dan Land is identified as a State significant site in Schedule 3 to State Environmental Planning Policy (Major Projects) 2005.
cl 36A: Ins 2007 (40), Sch 2 [3].
36B   Freeway North Business Park
(1)  In this clause, Freeway North Business Park means Lot 17, DP 226431, Lots 11–16, DP 1091199, Lots 7 and 8, DP 396036, Lot D, DP 388733, Lot 9, DP 509255, Lot 10, DP 416248, Lot 11, DP 508747, Lot 12, DP 416248, Lot 13, DP 203406, Lots 225 and 226, DP 1054242, Lot 14, DP 207961, Lot E, DP 388733, Lots 15 and 16, DP 510628 and Lot 22, DP 532814.
(2)  Despite any other provision of this plan, development for any of the following purposes is prohibited on any part of the Freeway North Business Park that is within Zone 7 (b) Environmental Protection Zone:
(a)  agriculture,
(b)  dwelling-houses,
(c)  dwellings.
cl 36B: Ins 2008 (448), Sch 1 [3].
Part 6 Definitions
37   Definitions
(1)  In this plan the following terms have the meanings indicated:
1% annual exceedance probability flood level means a flood level that has a 1 in 100 chance of being reached in any one given year.
acid sulphate soils means actual acid sulphate soils or potential acid sulphate soils.
Acid Sulphate Soils Manual means the Acid Sulphate Soils Manual as published by the Acid Sulphate Soils Management Advisory Committee and for the time being adopted by the Director-General of the Department.
act of prostitution has the same meaning as in section 20 of the Summary Offences Act 1988.
actual acid sulphate soils means acid sulphate soils containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulphides, primarily pyrite, where the soil material has a pH of less then 4.0 when measured in dry season conditions, overlying potential acid sulphate soils or soils containing more than 0.05% oxidisable sulphur.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising sign means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which:
(a)  is visible from any public place or public reserve, or from any navigable waterway, and
(b)  is not a road traffic signal or sign.
advertising structure has the same meaning as in the Act.
aerodrome means a landing field for aeroplanes, which includes permanent landing equipment, terminal buildings, hangars and other ancillary facilities.
agriculture means:
(a)  the production of crops or fodder, or
(b)  the keeping or breeding of livestock, bees, poultry or other birds, or
(c)  horticulture, including fruit, vegetable and flower crop production, and wholesale plant nurseries, or
(d)  the grazing of livestock,
but does not include the clearing of land or anything elsewhere defined in this plan.
airstrip means a single runway forming a landing ground for aeroplanes, but does not include permanent terminal buildings, hangars or the like.
animal establishment means a building or place used for the breeding, boarding, training, keeping of, or caring for, animals on a commercial basis but does not include a building or place elsewhere defined in this plan.
archaeological site means the site of one or more known relics.
arterial road means a road that is the responsibility of the State government to construct and maintain.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
automotive services means a building or place used for the fuelling or servicing of motor vehicles involving the sale by retail of petrol and other petroleum products, whether or not the place is also used for any one or more of the following:
(a)  the sale by retail of spare parts and accessories for motor vehicles,
(b)  washing and greasing of motor vehicles,
(c)  installation of accessories,
(d)  the sale by retail of general merchandise, provided the gross floor area so used does not exceed 150 square metres.
BCA means the Building Code of Australia as defined in section 4 (1) of the Act.
bed and breakfast accommodation means an establishment operated by the permanent residents of a dwelling-house which:
(a)  provides temporary accommodation for travellers, and
(b)  offers meals for guests only, and
(c)  does not accommodate more than 12 persons, and
(d)  does not have a floor area greater than 300 square metres, and
(e)  does not contain cooking facilities within guests’ rooms for the preparation of meals, and
(f)  is not used in whole or in part for the permanent or long term accommodation of any person other than the person or persons who normally reside in the dwelling-house, and
(g)  is contained wholly within the curtilage of the dwelling-house.
boarding house means a building let as lodgings or a hostel, but does not include a motel.
brothel means premises used for carrying out an act or acts of prostitution or any other organised sexual activity, irrespective of whether or not other services are provided such as massage, relaxation therapy, photography or the like.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and:
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bulky goods retail outlet means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:
(a)  a large area for handling, storage or display, and
(b)  direct vehicular access to and loading facilities at the building or place for use by members of the public, for the purpose of loading items into their vehicles after purchase,
but does not include use of a building or place for the sale of foodstuffs or clothing or a building or place elsewhere defined in this plan.
bush fire prone land has the same meaning as in the Act.
bush fire prone land map has the same meaning as in the Act.
business identification sign means a sign:
(a)  that indicates:
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not include any advertising relating to a person who does not carry on business at the premises or place.
camping ground or caravan park means a place used for placing tents, other temporary accommodation, or movable dwellings for permanent accommodation or for temporary accommodation by tourists.
car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being:
(a)  body building, or
(b)  panel beating which involves dismantling, or
(c)  spray painting other than of a touching-up character.
cemetery means a building or place for the burying of deceased people or animals, or both, and may include a chapel, temple or other place of worship used for conducting funeral services.
child care centre means a building or place used or intended for use for the purpose of educating, minding or caring (without provision of residential care) for 6 or more children under 6 years of age, not related to the person so using the building or place, but does not include an educational establishment.
circumference breast height means the girth of the supporting stem of a tree at a height of 1.4 metres above ground level (existing) measured at the trunk centre, and so as to contain the outermost projection of any flanges or buttresses.
clearing means cutting down, thinning, killing, poisoning, burning, slashing, uprooting or removing, or substantially damaging, native vegetation.
club means a building or place used by persons associated, or a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building or place is the premises of a club registered under the Registered Clubs Act 1976.
commercial office means a building used as an office for commercial purposes otherwise than in association with an industrial or other commercial or recreational activity on the same site.
commercial premises means a building or place used for general business or commercial purposes, but does not include a building or place elsewhere defined in this plan.
community facility means a building or place owned or controlled by a public authority or a community group which provides for the physical, social, cultural or intellectual development, safety or welfare of the community, but does not include a building or place elsewhere defined in this plan.
community group means a body of persons having articles of association or a constitution which provides that the group operates on a “not for profit” basis and where the services and facilities of the group are available to the community.
community land has the same meaning as in the Local Government Act 1993.
conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management measures that are appropriate to enable that significance to be retained.
convenience shop means a shop which:
(a)  is situated on a single allotment or parcel of land in the same ownership, and
(b)  has a gross floor area not exceeding 150 square metres, and
(c)  provides convenience goods or services to the local area.
crematorium means a furnace for cremating human corpses and includes a building containing such a furnace and any ancillary chapel or building.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
demolition, in relation to a building, work, archaeological site, relic or place means the damaging, defacing, destruction, pulling down or removal of that building, work, archaeological site, relic or place in whole or in part.
development has the same meaning as in the Act.
Note—
At the commencement of this plan, development included the following:
(a)  the use of land,
(b)  the subdivision of land,
(c)  the erection of a building,
(d)  the carrying out of a work,
(e)  the demolition of a building or work.
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being used, as a separate domicile.
dwelling-house means a building or buildings containing one but not more than one dwelling.
eco-generating works means a building, work or place used for the generation of energy using:
(a)  renewable resources, such as solar, wind or tidal energy and the like, or
(b)  resources such as methane gas produced from land-fill operations.
eco-tourism facility means any nature-based tourism facility that involves education and interpretation of the natural or cultural environment and that is managed so as to be ecologically sustainable. It may include staff quarters or minimal impact, low scale tourist accommodation that is compatible with the environment.
educational establishment means a building used as a school, college, technical college, university, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or a child care centre.
electronic communication centre means a building or place used exclusively for the conduct or management of electronic or telephone communications (or both), such as a call centre.
emergency bush fire hazard reduction work means bush fire hazard reduction work carried out to protect persons, property or the environment from an existing or imminent danger arising out of a fire.
emergency fire fighting act means anything done or authorised to be done by a fire fighting authority, during the course of bush fire fighting operations.
emergency response plan means a plan including strategies for flood warning (including the dissemination of information to occupants) and the evacuation of persons, equipment and stock. The plan should be structured to be a parent plan to individual site plans for affected individual sites.
environmental facility means a building, work or place which provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means any work associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion rehabilitation works, erosion protection works, dune restoration works, dune protection works and the like.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling used on a temporary basis for display purposes associated with the sale of the dwelling and similar dwellings, and may include areas within the dwelling that are used for ancillary purposes, such as a sales office, materials display and the like.
exhibition village means a group of exhibition homes and includes other associated places such as places used for car parking, a sales office, a display centre and the like, and may include ancillary buildings.
existing ground level means the ground level in existence immediately prior to the commencement of proposed building or site works.
exotic tree means a tree that is not locally indigenous.
extractive industry means:
(a)  the winning of extractive material from the site, or
(b)  an undertaking, not being a mine, that depends on the winning of extractive material from the land upon which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land,
but does not include the winning of extractive material that is required for, ancillary to or associated with the operation of a waste management facility or works.
extractive material means clay, coal, gravel, rock, sand, soil, stone or similar substance, but does not include turf and any sand, soil or other material remaining attached to turf after turf extraction is carried out.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include:
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  a waste disposal land fill operation.
flood prone land means land that is at or below 0.5 metre above the 1% annual exceedance probability flood level.
flood work has the same meaning as in the Water Management Act 2000.
generating works means a building or place used for the purpose of making or generating gas, electricity, or other forms of energy, but does not include eco-generating works.
goods terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by air, rail, road or waterborne vessels, and includes facilities for the loading and unloading of vehicles and vessels used to transport those goods and for the parking, servicing and repair of those vehicles or vessels.
ground level (existing) means the existing level of a site at any point.
height means the height of a building or structure measured from existing ground level to the uppermost point of the building or structure (excluding antennae, satellite dishes, masts, flagpoles and the like).
helipad means a place used for the occasional landing and taking off of helicopters, and which does not provide for commercial aviation or other facilities such as a terminal.
heliport means a place, whether open to the public or not, used for the taking off and landing of helicopters on a commercial basis, whether or not it includes a terminal building or facilities for the parking, storage or repair of helicopters.
heritage conservation area means an area of land that is shown edged with a heavy black broken line on the zoning map and described in Part 2 of Schedule 6.
heritage impact statement means a document prepared by a suitably qualified person consisting of:
(a)  a statement addressing the heritage significance of a particular heritage item or heritage conservation area, or of a building, work, archaeological site, relic, tree or place within a heritage conservation area, and
(b)  an assessment of the impact that the proposed development will have on that heritage significance, and
(c)  recommendations for appropriate measures to minimise that impact.
heritage item means:
(a)  a building, work, archaeological site, tree or place specified in the inventory of heritage items included in Part 1 of Schedule 6, or
(b)  a place described in the National Parks and Wildlife Service Sites Register as a place of Aboriginal heritage significance.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value to the community of the City of Newcastle.
home employment means an occupation which is carried out in a dwelling, or within the curtilage of a dwelling, by the permanent residents of the dwelling, and which does not involve:
(a)  the employment of more than one additional person who does not permanently reside in the dwelling, or
(b)  the exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(d)  the display of goods, whether in a window or otherwise, or
(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling, or within the curtilage of the dwelling, to indicate the name and occupation of the resident), or
(f)  the use of the premises for the carrying out of an act or acts of prostitution.
home workplace means an activity carried out within a dwelling or within the curtilage of a dwelling, occupied by at least one of the people carrying out the activity or on land adjoining the land on which the dwelling is situated which is in the same ownership, and which does not involve:
(a)  the employment of more than three additional persons that do not permanently reside in the dwelling, or
(b)  the exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(c)  the offering for sale of any goods other than goods which have been either produced on the site of the activity or relate directly to the activities taking place on the site, or
(d)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling, or within the curtilage of the dwelling, to indicate the name and occupation of the resident), or
(f)  the use of more than one third of the area of the building or buildings on the land or 50 square metres for the activity, whichever is the lesser, or
(g)  the use of the premises for carrying out an act or acts of prostitution.
hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated, and may include:
(a)  a nursing home, or
(b)  offices for administration, or
(c)  accommodation for staff and visitors, or
(d)  associated education or research facilities.
hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 applies.
industrial ecology means interactive relationships between industries aimed at optimising the use of energy and resources and minimising pollution and waste in such a manner that the raw materials used and the waste products produced by industries and other development progressively achieve a closed cycle.
industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.
injuring, in relation to a tree, means:
(a)  lopping and topping, or
(b)  poisoning, including applying herbicides and other plant toxic chemicals to a tree or spilling (including washing off or directing water contaminated by) oil, petroleum, paint, cement, mortar and the like onto the root zone, or
(c)  cutting and tearing of branches and roots that is not carried out in accordance with arboricultural practices that are generally accepted to promote the health of the tree, and does not qualify as pruning, or
(d)  ringbarking, scarring the bark when operating machinery, fixing objects (eg signs) by nails, staples or wire, using tree climbing spikes on healthy trees marked for retention (except for access to an injured tree worker) or fastening materials that circle and significantly restrict the normal vascular function of the trunk or branches, or
(e)  damaging the tree’s root zone by compaction, excavation or asphyxiation (including filling or stockpiling of materials), or
(f)  underscrubbing, unless carried out by hand tools, such as brushcutters and the like.
institution means:
(a)  a residential centre for persons who are within the target group, within the meaning of the Disability Services Act 1993, or
(b)  a hospital within the meaning of the Mental Health Act 1990, or
(c)  a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999, or
(d)  a detention centre within the meaning of the Children (Detention Centres) Act 1987.
intensive agriculture means a form of agriculture, comprising intensive livestock, horticultural or aquaculture enterprises such as turf farms, hydroponics greenhouses, piggeries, cattle feed lots, poultry farms or the like, which require particular treatment or practices for the management of wastes (including faeces or other by-products).
light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not unreasonably interfere with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
liquid fuel depot means a depot or place used for the bulk storage or wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
local shop means a shop that:
(a)  is of a nature and size that is suitable to serve a surrounding population of approximately 5,000 people, and
(b)  is not a bulky goods retail outlet, convenience shop or sex aid establishment.
locally indigenous, in relation to a tree or other vegetation, means being of a species that existed in, or on land in the vicinity of, the lower Hunter Region before European settlement.
lower Hunter Region means land within the cities of Greater Cessnock, Lake Macquarie, Maitland and Newcastle and the local government area of Port Stephens.
low impact facility means telecommunication devices declared to be low impact facilities under the Telecommunications (Low Impact Facilities) Determination 1997 of the Commonwealth.
maintenance means minor works involving a heritage item or a building within a heritage conservation area. It includes the ongoing protective care of a heritage item or a building, work, archaeological site, relic, tree or place within a heritage conservation area, and minor works not likely to detract from heritage significance. It does not include alterations involving the introduction of new materials or technology or alterations which would significantly change the appearance of the heritage item, building or work.
managed bush fire hazard reduction work means bush fire hazard reduction work that is carried out in accordance with a bush fire risk management plan.
marina means a permanent multiple boat storage facility located on a waterway with support facilities on an adjoining area of land or the waterway, and includes any multiple mooring managed in association with the facility and in its vicinity, and any associated boat sales, storage, dry boat storage or servicing facilities.
mezzanine means an intermediate floor within a room.
mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on which, in which or by use of which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated.
motel means a building or buildings (other than a hotel, brothel, boarding-house or urban housing) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or also displayed there.
native vegetation means all plant species indigenous to the lower Hunter Region.
natural water-based aquaculture means aquaculture undertaken in natural waterbodies (including any part of the aquaculture undertaken in tanks, ponds or other facilities such as during the hatchery or depuration phases).
Newcastle Development Control Plan 2005 means Newcastle Development Control Plan 2005 adopted by the Council, as in force on the commencement of Newcastle Local Environmental Plan 2003 (Amendment No 4).
Newcastle Urban Strategy means the publication so titled, published by Newcastle City Council in 1998, in two volumes, The Strategy, ISBN 0-909115-67-2 and Background Report, ISBN 0-909115-68-0.
operational land has the same meaning as in the Local Government Act 1993.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger terminal means any building or place used for the assembly and dispersal of passengers, whether conveyed by road, rail or water-borne vessels, but does not include a bus stop on a public road.
place of Aboriginal heritage significance means:
(a)  a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people (it may include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening groves), or
(b)  a natural Aboriginal sacred site or other sacred feature (may include natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance and specified in the National Parks and Wildlife Service Sites Register).
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building or place of a like character used as such and whether used for the purpose of gain or not, but does not include a place of worship, an institution or an educational establishment.
place of worship means a building or place used predominantly for the purpose of religious worship, whether or not the building or place is also used for ancillary administration, youth clubs, counselling, social events or religious training by a congregation or religious group.
planning flood level means the free water surface level of a flood with a nominated probability of occurrence or annual exceedance probability (AEP) adopted for the purposes of allowing particular forms of land use or other development above that level.
plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are also sold there.
pond-based aquaculture means intensive aquaculture undertaken predominantly in ponds, raceways, or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but does not include natural water-based aquaculture.
port means a building or place used for:
(a)  the loading of goods or materials onto ships and the unloading of goods or materials from ships, or
(b)  the storage of goods that are mainly to be loaded onto ships in its immediate vicinity or that have mainly been unloaded from ships.
potential acid sulphate soils means soil material which is waterlogged and contains oxidisable sulphur compounds and that has a field pH of 4.0 or more but will become acidic when oxidised.
Potential Acid Sulphate Soils Planning Map means a map in the series of maps marked “Potential Acid Sulphate Soils” kept in the offices of the Department.
pruning means cutting branches from a tree in a planned and systematic manner that is carried out in accordance with Australian Standard AS 4373—2007, Pruning of amenity trees.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows:
public land means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a)  a public road, or
(b)  land to which the Crown Lands Act 1989 applies, or
(c)  a common, or
(d)  land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)  a regional park under the National Parks and Wildlife Act 1974.
public reserve has the same meaning as in the Local Government Act 1993.
quality of life means individuals’ perceptions of their position in life, in the context of cultural and value systems in which they live and in relation to their goals, expectations, standards and concerns.
recreation area means:
(a)  a children’s playground, or
(b)  an area used for sporting activities and sporting facilities, or
(c)  an area used by the Council to provide facilities for the physical, cultural or intellectual welfare of the community, or
(d)  an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those persons,
and includes any associated buildings or structures used for spectator accommodation, change rooms, meeting rooms, refreshment facilities and the like.
recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.
relic means:
(a)  any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the City of Newcastle, and that is a fixture or is wholly or partly within the ground, or
(b)  any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation for the locality now identified as the City of Newcastle.
remove, in relation to a tree, means cut down, fell, destroy, kill, transplant or uproot a tree.
restaurant means a building or place the principal purpose of which is the provision of meals for consumption on or off the premises.
roadside stall means a building or place not exceeding 20 square metres in floor space or area where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
sex aid establishment means any premises used solely or principally for the purpose of offering or exposing for sale by wholesale, mail order or retail, all or any of the following items:
(a)  publications that are classified Category 1 Restricted, Category 2 Restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth,
(b)  materials, compounds, preparations or devices which are used or intended to be used in or in connection with sexual activity,
and includes sex shops, sex aid shops, adult bookshops and the like.
sexual entertainment establishment means any premises used solely or principally for the purpose of presenting entertainment of an overtly erotic nature, including peep shows, strip tease shows, live sex shows, pornographic movies and the like.
shop means a building or place that is used for the purpose of the selling by retail, or hiring or displaying for the purpose of selling or hiring, of items (whether goods or materials) but does not include a convenience shop, bulky goods retail outlet, local shop or a sex aid establishment.
site audit statement has the same meaning as in Part 4 of the Contaminated Land Management Act 1997.
State significance, in relation to a heritage item, means a heritage item which is identified as being of State significance in Schedule 6.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include:
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
subdivision has the same meaning as in the Act.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows:
swimming pool means an excavation, structure or vessel:
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
tank-based aquaculture means intensive aquaculture undertaken exclusively in tanks, but does not include natural water-based aquaculture.
telecommunications carrier means the holder of a carrier licence under the Telecommunications Act 1997 of the Commonwealth.
telecommunications facility has the same meaning as facility in the Telecommunications Act 1997 of the Commonwealth.
telecommunications network has the same meaning as in the Telecommunications Act 1997 of the Commonwealth.
the Council means the Council of the City of Newcastle.
transport depot means a building or place used for the storage, servicing, maintenance and fuelling of trucks, tow trucks, buses, aircraft and the like.
tree worker means a trades person who holds the Australian Qualifications Framework Certificate III Horticulture (Arboriculture) or an international qualification considered equivalent by the Council.
urban centre means a commercial or business activity centre and includes the Newcastle City Centre, district centres and local centres as described in the Newcastle Urban Strategy.
urban housing means a building or buildings comprising two or more dwellings.
utility undertaking means:
(a)  any of the following undertakings carried on or permitted or suffered to be carried on by, or by authority of, any government department or under the authority of, or in pursuance of, any Commonwealth or State Act:
(i)  railway, road transport, water transport, air transport, wharf or river undertakings,
(ii)  undertakings for the supply of water, hydraulic power, electricity or gas or the provisions of sewerage or drainage,
(iii)  the provision of a telecommunications network or facility by a telecommunications carrier,
(b)  a private undertaking of a kind similar to any of those described in paragraph (a) (ii), carried on by a person other than a public authority,
and a reference to a person carrying on a utility undertaking includes a reference to a council, county council, or government department, corporation, firm or authority carrying on the undertaking.
warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale or distribution to persons engaged in the retail trade.
waste management facility or works means a facility used for the storage, treatment, purifying or disposal of waste, whether or not it is also used for the sorting, processing, recycling, recovering, use or reuse of material from that waste, and whether or not any such operations are carried out on a commercial basis. It includes but is not limited to:
(a)  an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b)  eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
wetland means any shallow body of water (such as a marsh, billabong, swamp or sedgeland) that is:
(a)  inundated cyclically, intermittently or permanently with water, and
(b)  vegetated with wetland plant communities.
zoning map means the set of maps identified as “Newcastle Local Environmental Plan 2003—Zoning Map”, as amended by the maps marked as follows:
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Newcastle Local Environmental Plan 2003 (Amendment No 4)—Sheets 1–14 and 16
Newcastle Local Environmental Plan 2003 (Amendment No 6)—Sheets 1–3
Newcastle Local Environmental Plan 2003 (Amendment No 8)
Newcastle Local Environmental Plan 2003 (Amendment No 9)—Sheets 2–13
State Environmental Planning Policy (Major Projects) 2005 (Amendment No 11)—The Dan Land—Zoning Map
State Environmental Planning Policy (Major Projects) Amendment (Freeway North) 2008
(2)  The terms hazardous industry, hazardous storage establishment, offensive industry and offensive storage establishment have the same meanings as in State Environmental Planning Policy No 33—Hazardous and Offensive Development.
(3)  In this plan, a reference to a map is to a map held at the office of the Council.
cl 37: Am 2005 No 64, Sch 2.41; 2007 (40), Sch 2 [4]; 2008 (448), Sch 1 [4]; 2008 No 114, Sch 2.19; 2009 (136), Sch 1 [24]–[31]; 2009 (410), Sch 1 [1]; 2009 (539), Sch 1; 2010 (178), Sch 1 [1].
Schedule 1 Exempt development
(Clause 10)
Note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule applies to other exempt development.
Note 2—
The removal of trees to enable the carrying out of any other development listed in this Schedule may be exempt development under clause 28 of this Schedule or complying development under clause 5 of Schedule 2 or may require a development consent under clause 14 of this plan.
1   Building alterations
Note—
This development, if carried out on a dwelling, is exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. From 27 February 2009 only that Policy applies in relation to building alterations to dwellings.
(1) Premises The alterations must not be carried out on any of the following premises:
(a)  premises used as a hairdressing or beauty salon,
(b)  premises on which skin penetration procedures (within the meaning of section 51 of the Public Health Act 1991) are carried out,
(c)  premises used for the sale of food, or the storage or handling of food for sale.
(2) General May only be minor non-structural alterations, such as the following:
(a)  plastering or cement rendering,
(b)  attachment of fittings,
(c)  replacement of doors or windows,
(d)  replacement of ceiling, wall or floor linings or decorative work,
(e)  replacement of bathroom,
(f)  installation of kitchen or laundry fixtures,
(g)  carrying out of decorative work.
(3) Impact on structure Wall, door or window openings must not be enlarged or reduced.
(4)  Alterations must not affect the load bearing capacity of any load bearing component of the building.
(5) Safety Any work involving asbestos cement must comply with the following WorkCover Authority guidelines:
(a)  Working with asbestos: Guide 2008 (ISBN 0 7310 5159 9),
(b)  Guide to licence applicants for friable or bonded asbestos (January 2008).
(6)  If paint removal is carried out in conjunction with the alterations, it must be carried out in a manner that prevents possible contamination of air or ground by lead or other toxic compounds.
(7) Heritage and bush fire prone land Must not be carried out on land that comprises or on which there is a heritage item.
(8)  Alterations must not be to the exterior of a building in a heritage conservation area or on bush fire prone land.
(9) Flood prone land May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with.
2   Cemeteries and burial grounds
(1)  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.
(2) Heritage Must not involve disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance.
3   Change of use—local shops, shops, commercial premises and commercial offices
(1) General The development is the different use of a building resulting from a change:
(a)  from one type of local shop to another type of local shop, or
(b)  from one type of shop to another type of shop, or
(c)  from one type of commercial premises to another type of commercial premises, or
(d)  from commercial premises to commercial offices, or
(e)  from one type of commercial offices to another type of commercial offices, or
(f)  from commercial offices to commercial premises.
(2) Current use The current use of the building must be lawful and must not be an existing use (within the meaning of section 106 of the Act).
(3) Proposed use The proposed use of the premises must not comprise any of the following:
(a)  premises for the sale of food or the storage or handling of food for sale,
(b)  hairdressing or beauty salons,
(c)  premises on which ear piercing, tattooing or other skin penetration procedures (within the meaning of section 51 of the Public Health Act 1991) are carried out,
(d)  premises used for the sale or display of publications or objects primarily concerned with sexual activity.
(4) Floor area The proposed use must not involve any increase in floor area.
(5) Operation Hours of operation must not extend beyond any existing approved hours.
Note—
A current development consent applying to the premises may contain conditions on the permitted hours of operation.
(6)  If the proposed use is as a shop or as commercial offices, the curtilage of the premises must not be used for storage or display purposes.
(7)  The new use must be carried out in accordance with any conditions of a current development consent relating to the premises, including car parking, loading, vehicular movement, traffic generation, waste management, noise and site landscaping.
4   Maintenance of heritage items or buildings, works, archaeological sites, relics, trees or places within heritage conservation areas
Note—
See the definition of maintenance in clause 37 (1) of this plan.
(1) General The applicant has advised the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that is satisfied that the proposed development:
(a)  is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(b)  would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area.
(2) Flood prone land May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with.
(3) Replacement or repair of cladding If the maintenance involves the replacement or repair of wall cladding or roof cladding, must comply with the requirements set out in this Schedule for that kind of development.
5   Native vegetation—clearing
(1)  Does not apply to the clearing of native trees.
(2)  May only be undertaken with the written agreement of the owner of the land on which the native vegetation is located.
(3)  May only involve native vegetation that was previously planted for agriculture, agroforestry, forestry, horticulture or woodlot purposes.
(4) Threatened species 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.
Note 1—
The terms clearing and native vegetation are defined in clause 37 of this plan.
Note 2—
Clearing of native vegetation is also provided for under other legislation, including the Rural Fires Act 1997.
6   Public roads—construction of footpaths, footpath crossings, kerb crossings or stormwater drainage connections
Note—
The carrying out of works on a public road requires consent of the appropriate roads authority (usually the Council) under the Roads Act 1993.
(1) Damage Any damage caused to kerb, guttering or footways during carrying out of works must be rectified in accordance with any requirements of the appropriate roads authority under the Roads Act 1993.
(2) Storage of construction materials on roads or public reserves No part of a public road is to be used for storage of construction materials without the authorisation of the appropriate roads authority under the Roads Act 1993.
(3)  No part of a public reserve is to be used for storage of construction materials without the authorisation of the Council.
(4) Flood prone land May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with.
(5) Water pollution Adequate measures must be carried out to prevent sediment or other pollutants from entering drains or watercourses.
(6) Stormwater Works must not restrict flow of stormwater.
(7)  Overland stormwater flow must not be diverted as a result of the works over land to buildings (such as garages and dwellings).
(8)  Works must not restrict access to stormwater pipelines.
7   Signs—business identification
(1) Number Maximum of one business identification sign per premises.
(2) Siting No freestanding signs on a public road (including the footway of a public road).
(3)  Signs may be suspended from a building over the footway of a public road and, in that case, must be located no closer than 3.6 metres from the edge of the kerb and at least 2.6 metres above ground level (existing).
(4) Dimensions Maximum area—1 square metre.
(5) Heritage Must not be located on land that comprises or on which there is a heritage item.
8   Tree pruning
(1)  Includes pruning of trees located on flood prone land.
(2)  Pruning must be undertaken in accordance with:
(a)  the tree management provisions contained in Element 4.10 of Newcastle Development Control Plan 2005, and
(b)  Australian Standard AS 4373—2007, Pruning of amenity trees.
(3) Heritage Tree must not be a heritage item that is listed in Schedule 6.
(4) Threatened species Tree must not be, or comprise a part of, a threatened species, population or ecological community listed in:
(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.
Note 1—
The term pruning is defined in clause 37 (1) of this plan.
Note 2—
Removal and pruning of trees is also provided for under other legislation, including the Electricity Supply Act 1995, the Local Government Act 1993 (in relation to trees on council land), the Roads Act 1993, the Rural Fires Act 1997 and the Trees (Disputes Between Neighbours) Act 2006.
Note 3—
Removal or interference with a tree on a public road requires the consent of the appropriate roads authority under the Roads Act 1993.
9   Tree removal
(1)  Includes removal of trees located on flood prone land.
(2)  Removal of a tree may only be undertaken, with the written agreement of the owner of the land on which the tree is located, if any of the following circumstances apply to the tree:
(a)  must be of a species that is a noxious weed under the Noxious Weeds Act 1993,
(b)  must have a circumference breast height not greater than 450 millimetres for a single trunk tree or not greater than 300 millimetres for each trunk of a multi-trunk tree,
(c)  must be dead and not provide a habitat for hollow-dependent fauna,
(d)  must be located within 3 metres of the wall of the principal building (excluding carports, pergolas, fences, retaining walls and the like) on the land on which it is situated or on adjacent land, measured from the closest point of the trunk to the footings of the building.
(3)  Removal must be completed in one operation and any remaining stump must be no higher than 1.4 metres.
(4)  Retention of the tree must not have been a condition of a development consent.
(5) Heritage Tree must not be a heritage item that is listed in Schedule 6.
(6) Threatened species Tree must not be, or comprise a part of, a threatened species, population or ecological community listed in:
(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.
Note 1—
The terms circumference breast height and remove are defined in clause 37 (1) of this plan.
Note 2—
Removal and pruning of trees is also provided for under other legislation, including the Electricity Supply Act 1995, the Local Government Act 1993 (in relation to trees on council land), the Roads Act 1993, the Rural Fires Act 1997 and the Trees (Disputes Between Neighbours) Act 2006.
Note 3—
Removal or interference with a tree on a public road requires the consent of the appropriate roads authority under the Roads Act 1993.
10   Use of public land or a public road for an exhibition, meeting or community event
Note—
In the case of Crown land or land vested in or under the control of the council, permission must be sought from the council or other authority responsible for managing the land concerned before any development (including exempt development) is carried out on the land. Where the land is a public road, permission must be sought from the appropriate roads authority under the Roads Act 1993 (usually the council).
Under section 68 of the Local Government Act 1993, certain activities carried out on community land require approval from the council.
(1) Definition In this clause:
(2) Plans of management Must be consistent with any plan of management under the Local Government Act 1993 or the Crown Lands Act 1989 that applies to the land.
(3) Temporary structures The erection and use of any temporary structure for the purposes of the exhibition, meeting or community event must be exempt development or complying development under State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007.
(4) Bush fire prone land The exhibition, meeting or community event must not be carried out on bush fire prone land.
(5) Flood prone land May be carried out on flood prone land if the relevant provisions of Newcastle Development Control Plan 2005 are complied with.
sch 1: Subst 2009 (136), Sch 1 [32].
Schedule 2 Complying development
(Clause 11)
Note—
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development under that Policy. The Policy has State-wide application.
Part 1 Types of development
1   Change of use—from shops and warehouses
(1) General The development is the different use of a building resulting from a change:
(a)  from one type of shop to another type of shop or to commercial offices or commercial premises, or
(b)  from one type of warehouse to another type of warehouse.
(2) Current use The current use of the building must be lawful and must not be an existing use (as defined in section 106 of the Act).
(3) Proposed development or use The proposed development may include structural alterations, but only to the interior of the premises concerned.
(4)  The proposed premises must not comprise premises for the sale of food or the storage or handling of food for sale.
(5) Floor area The proposed use must not involve any increase in floor area.
(6) Operation Hours of operation must not extend beyond any existing approved hours.
Note—
A current development consent applying to the premises may contain conditions on the permitted hours of operation.
(7)  If the proposed use is as commercial offices, the curtilage of the premises must not be used for storage or display purposes.
(8) Flood prone land May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with.
2   Dwelling-houses and associated outbuildings
Note—
Works ancillary to the development allowed by this clause, such as landscaping, the installation of driveways, paving, drainage, filling, excavation and the laying of underground services may be carried out as exempt development. See the entry for ancillary works external to a building in Schedule 1.
Works on public roads, such as footpath crossings, kerb crossings or stormwater drainage connections for dwelling-houses may also be carried out as exempt development. See the entry for public roads in Schedule 1.
(1) General The development involves one of the following:
(a)  the erection of a new dwelling-house,
(b)  the alteration of or addition to an existing dwelling-house,
(c)  the erection of a carport or garage ancillary to an existing dwelling-house,
(d)  the erection of any other kind of outbuilding (other than a swimming pool) ancillary to an existing dwelling-house,
(e)  demolition of a building of a kind referred to in paragraphs (a)–(d) prior to the carrying out of development referred to in any of those paragraphs.
(2) Site area The development does not result in more than one dwelling on the relevant lot.
(3)  May only be carried out on land in Zone 2 (a) or 2 (b) that has gravity drainage to a public drainage system.
(4) Siting Any external wall of the resulting building must be at least 0.9 metre from any side or rear property boundary.
(5)  The outside of any new eaves or gutter must be at least 0.675 metre from any side or rear property boundary.
(6)  Minimum setback from boundary of secondary street frontage on corner lot—2.5 metres.
(7)  Minimum setback from any other boundary with a street—5 metres.
(8)  Must not encroach on any easement, pipeline or watercourse.
(9) Number of storeys—dwelling-houses and outbuildings Any proposed dwelling-house or outbuilding may only be a single storey building.
(10) Additions Any addition to a dwelling-house may only be to the ground floor of the dwelling-house.
(11) Streetscape Dwelling-houses facing a public road must have at least a front door or window of a habitable room facing the road.
(12)  The combined width of all proposed garages or carports facing a public road must not be more than the lesser of:
(a)  6 metres, or
(b)  40 per cent of the width of the frontage.
(13) Bulk and scale Maximum height of underside of eaves—3.5 metres above ground level (existing).
(14)  Maximum roof pitch—30 degrees.
(15)  Any roof openings must be flush with the roof pitch.
(16)  Maximum floor area of any carport, garage or other outbuilding—40 square metres.
(17) Safety Any work involving asbestos cement must comply with the following WorkCover Authority guidelines:
(a)  Working with asbestos: Guide 2008 (ISBN 0 7310 5159 9),
(b)  Guide to licence applicants for friable or bonded asbestos (January 2008).
(18) Solar access The building or structure must comply with Element 5.1.5 of Newcastle Development Control Plan 2005.
(19) Privacy If a new window in a habitable room allows an outlook to a window in a habitable room of an adjoining dwelling and the two windows are less than 9 metres apart:
(a)  the new window must be offset, from its edge to the edge of the window in the adjoining dwelling, by a distance of at least 0.5 metre, or
(b)  the new window must have a sill height of at least 1.5 metres above floor level, or
(c)  any part of the new window less than 1.5 metres above floor level must have fixed obscure glazing.
(20) Car parking At least one car parking space must be provided for a new dwelling.
(21) Landscaping The percentage of the area of the relevant lot comprising surfaces that are permeable to rainwater must be at least 20 per cent after the development is carried out.
(22) Utilities The lot must be connected to a reticulated sewerage system operated by the Hunter Water Corporation.
(23) Stormwater The flow of stormwater must not be restricted.
(24)  The development must comply with applicable requirements in Element 4.5 of Newcastle Development Control Plan 2005.
(25) Waste The development must comply with applicable requirements in Element 4.6 of Newcastle Development Control Plan 2005.
(26) Bush fire prone land The development must not be carried out on bush fire prone land.
(27) Flood prone land May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with.
(28) Trees The development must not involve the removal of a tree identified as significant on any approved subdivision plan applying to the land.
Note—
The removal of trees to enable the carrying out of any of the development listed in this Schedule may be exempt development under Schedule 1, or complying development under this Schedule or may require development consent under clause 14 of this plan.
3   Strata subdivision
(1) General The development comprises subdivision for the purpose of creating a strata scheme under the Strata Schemes (Freehold Development) Act 1973 in relation to a building for which an occupation certificate has been issued.
(2) Parking Parking spaces must be allocated to units in accordance with the terms of any existing development consent applying to the premises.
(3)  Visitor parking required to be provided under the terms of any existing development consent applying to the premises must be located within common property.
(4) Development lots The strata plan must not include any development lot, as defined in the Strata Schemes (Freehold Development) Act 1973.
3A   Subdivision
(1) General Subdivision for the purpose of any one or more of the following:
(a)  a permanent road closure or widening a public road (other than on land that is below the level corresponding to 0.5 metre above the 1% annual exceedance probability flood level),
(b)  making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c)  rectifying an encroachment on a lot,
(d)  a consolidation of lots that does not create additional lots or the opportunity for additional dwellings.
(2) Lot size If the subdivision creates a lot within Zone 2 (a) or 2 (b), the lot must be at least 450 square metres.
(3) Setbacks Lot boundaries must be at least 0.9 metre from existing dwellings.
(4)  Lot boundaries in relation to buildings other than dwellings must comply with applicable deemed-to-satisfy provisions of the Building Code of Australia.
(5) Services Each lot must have legal access to utility services, whether by disconnection and relocation of existing services or provision of appropriate easements.
(6) Road closure Land comprising a closed road must be consolidated with an adjoining lot if the size of the land would not comply with zone requirements for lot sizes.
(7) Bush fire prone land The subdivision must not be carried out on bush fire prone land except in the case of a minor boundary adjustment to rectify an encroachment or a subdivision for the purpose of a permanent road closure.
4   Swimming pools ancillary to dwelling-houses
Note—
Swimming pools are subject to requirements under the Swimming Pools Act 1992.
Decks may be installed around swimming pools as exempt development (see Schedule 1).
(1) Siting Inside edge of the pool must be at least 1 metre from side and rear property boundaries.
(2)  Must not be located between the dwelling-house and the street alignment.
(3)  Must not encroach on any easement, pipeline or watercourse.
(4) Bulk and scale All decking around the pool must be no more than 1 metre above ground level (existing) at any point and a minimum of 0.9 metre from side and rear property boundaries.
(5) Landscaping The percentage of the area of the relevant lot comprising surfaces that are permeable to rainwater must be at least 20 per cent following installation.
(6) Drainage Must not impede existing site drainage or restrict or divert stormwater or floodwaters.
(7)  Perimeter drainage around the pool must be designed so as to direct water away from adjoining properties.
(8)  Wastewater from the pool’s filtration system must discharge to:
(a)  a reticulated sewerage system operated by the Hunter Water Corporation, or
(b)  in the case of land not serviced by that sewerage system—a waste treatment device that is the subject of an approval under Chapter 7 of the Local Government Act 1993.
(9) Flood prone land May be carried out on flood prone land if the relevant provisions of Newcastle Development Control Plan 2005 are complied with.
5   Tree removal
(1)  Applies to tree removal, other than tree removal that is exempt development, that complies with the tree management provisions contained in Element 4.10 of Newcastle Development Control Plan 2005.
(2)  Includes tree removal on flood prone land.
(3)  Does not apply to tree removal that is carried out pursuant to a development consent.
(4) Heritage Tree must not be a heritage item, or located on land that contains a heritage item, that is listed in Schedule 6.
(5) Threatened species Tree 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.
Note 1—
The term remove is defined in clause 37 (1) of this plan.
Note 2—
Removal and pruning of trees is also provided for under other legislation, including the Electricity Supply Act 1995, the Local Government Act 1993 (in relation to trees on council land), the Roads Act 1993, the Rural Fires Act 1997 and the Trees (Disputes Between Neighbours) Act 2006.
Note 3—
Removal or interference with a tree on a public road requires the consent of the appropriate roads authority under the Roads Act 1993.
Part 2 Complying development certificate conditions
Note—
Conditions are also prescribed by the regulations made under the Act.
Division 1 Change of use
6   Hours of operation
Hours of operation must not extend beyond any existing approved hours.
Note—
A current development consent applying to the premises may contain conditions on the permitted hours of operation.
7   Conditions of another development consent
The new use must be carried out in accordance with any conditions of a current development consent relating to the premises, including car parking, loading, vehicular movement, traffic generation, waste management, noise and site landscaping.
8   Use of curtilage
The curtilage of commercial offices must not be used for storage or display purposes.
Division 2 Building work, demolition and installation of swimming pools
9   Before work begins
The person having the benefit of the complying development certificate must give any occupier of adjoining premises at least 2 days’ notice before work begins.
Note—
See also section 86 of the Act, which requires certain steps to be taken before the erection of a building begins. These include the principal certifying authority notifying the Council of his or her appointment.
10   Site management
(1)  Run-off and erosion controls must be implemented to prevent erosion, water pollution or the discharge of loose sediment on surrounding land by:
(a)  diverting uncontaminated run-off around cleared or disturbed areas, and
(b)  erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and
(c)  preventing tracking of sediment by vehicles onto roads, and
(d)  stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site.
Note—
Under the Protection of the Environment Operations Act 1997, it is an offence to pollute any waters.
(2)  Any removal or disturbance of vegetation or topsoil must be confined to within 3 metres of the proposed building.
11   Hours of work
(1)  Demolition or construction work that is audible within adjoining premises may be carried out only between the following hours:
(a)  Monday–Friday—7.00am and 6.00pm,
(b)  Saturday—8.00am and 1.00pm.
(2)  No such work may be carried out at any time on a Sunday or a public holiday.
12   Public roads and reserves
(1)  Any damage caused to kerbs, guttering or footways during carrying out of work must be rectified in accordance with any requirements of the appropriate roads authority under the Roads Act 1993.
(2)  No part of any public road is to be used for storage of construction materials without the approval of the appropriate roads authority under the Roads Act 1993.
(3)  No part of any public reserve is to be used for storage of construction materials without the authorisation of the Council.
13   On-site toilet
A temporary on-site toilet or access to an existing toilet on site must be provided to the site before the commencement of work.
14   Asbestos
Any work involving asbestos cement must comply with the following WorkCover Authority guidelines:
(a)  Working with asbestos: Guide 2008 (ISBN 0 7310 5159 9),
(b)  Guide to licence applicants for friable or bonded asbestos (January 2008).
15   Street trees
(1)  Prior to commencement of the development, all necessary steps must be taken to protect street trees (including their root systems) from disturbance or damage as a result of the development, including the installation of protective chain link fencing as required.
(2)  Any damage caused to street trees as a result of the development is to be rectified.
16   Additional provisions applying to demolition of a building
Any demolition of a building must be carried out in accordance with:
(a)  Australian Standard AS 2601—2001, Demolition of structures, and
(b)  any applicable requirements of the WorkCover Authority.
17   Additional provisions applying to swimming pools
(1)  Noise emissions from any filtration equipment or pumps must not be audible inside any dwelling on an adjoining lot between 10.00pm and 7.00am on weekdays, and between 10.00pm and 8.00am on Saturdays, Sundays and public holidays. At all other times, noise levels must not exceed 5dBA above ambient background noise level measured at the boundary of the relevant lot.
(2)  Any relevant provisions of the Swimming Pools Act 1992 and regulations under that Act must be complied with.
Division 3 Tree removal
18   Site management
(1)  Run-off and erosion controls must be implemented to prevent erosion, water pollution or the discharge of loose sediment on surrounding land by:
(a)  diverting uncontaminated run-off around cleared or disturbed areas, and
(b)  erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and
(c)  preventing tracking of sediment by vehicles onto roads, and
(d)  stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site.
Note—
Under the Protection of the Environment Operations Act 1997 it is an offence to pollute any waters.
(2)  Any removal or disturbance of vegetation (other than the tree) or topsoil is to be minimised.
19   Hours of work
(1)  Work that is audible within adjoining premises may be carried out only between the following hours:
(a)  Monday–Friday—7.00am and 6.00pm,
(b)  Saturday—8.00am and 1.00pm.
(2)  No such work may be carried out at any time on a Sunday or a public holiday.
20   Public roads and reserves
(1)  Any damage caused to kerbs, guttering or footways during the carrying out of works must be rectified in accordance with any requirements of the appropriate roads authority under the Roads Act 1993.
(2)  No part of any public road is to be used for storage of construction materials without the approval of the appropriate roads authority under the Roads Act 1993.
(3)  No part of any public reserve is to be used for storage of construction materials without the authorisation of the Council.
21   Replacement trees
Where practicable, a suitable replacement tree is to be planted on the property concerned in accordance with Element 4.10 of Newcastle Development Control Plan 2005.
22   Safe work practices
The work must comply with the WorkCover Authority’s Code of Practice For The Amenity Tree Industry (ISBN 0 7310 8738 0, August 1998).
23   Disposal of trees
Trees and stumps are to be:
(a)  disposed of at a waste management facility, or
(b)  recycled, or
(c)  disposed of as fire wood.
sch 2: Subst 2009 (136), Sch 1 [32]. Am 2010 (178), Sch 1 [2].
Schedule 3 (Repealed)
sch 3: Rep 2009 (136), Sch 1 [32].
Schedule 4 Utility undertakings that do not require consent
(Clauses 13 (b) and 14 (m))
1   Railway undertakings
The carrying out of:
(a)  any development required in connection with movement of traffic and goods by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, or
(b)  the erection of buildings for any purpose within the limits of a railway station,
but excluding development involving:
(c)  the construction of a new railway, new railway station or new bridge, or
(d)  the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings are outside the limits of a railway station, or
(e)  the reconstruction or alteration of railway stations or bridges so as to materially affect their external appearance, or
(f)  the formation or alteration of any means of access to a road, or
(g)  the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
2   Water, sewerage, drainage, electricity or gas undertakings
The carrying out of any of the following development required for the purpose of a water, sewerage, drainage, electricity or gas undertaking:
(a)  development of any description at or below the surface of the ground,
(b)  the installation of plant inside a building,
(c)  the installation or erection of any plant or structures, within the premises of an existing generating station or substation, required in connection with the station or substation,
(d)  the installation or erection of new or replacement plant or other structures or erections, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housings,
(e)  the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
but excluding development involving:
(f)  the erection of buildings, the installation or erection of new or replacement plant or other structures or erections so as to materially affect their design or external appearance of buildings, or
(g)  the erection of overhead lines for the supply of electricity, (otherwise than in pursuance of any statutory power to provide a supply of electricity), or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brick, or
(h)  the formation or alteration of any means of access to a road.
3   Port, wharf and river undertakings
The carrying out of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf, or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, excluding development involving:
(a)  the construction of bridges and the erection of any other buildings, or
(b)  the reconstruction or alteration of existing bridges or buildings so as to materially affect their design or external appearance, or
(c)  the formation or alteration of any means of access to a road.
4   Air transport undertakings
The carrying out of any development required in connection with the movement of traffic and goods by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant required for that purpose, excluding development involving:
(a)  the erection of buildings and the construction or alteration of buildings so as to materially affect their design or external appearance, or
(b)  the construction of additional runways or landing strips, or reconstruction resulting in changes to the orientation of existing runways or landing strips, or
(c)  the formation or alteration of any means of access to a road.
5   Road transport undertakings
The carrying out of any development required in connection with the movement of traffic and goods by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, excluding development involving:
(a)  the erection of buildings and the construction or alteration of buildings so as to materially affect their design or external appearance, or
(b)  the formation or alteration of any means of access to a road.
6   Road construction, maintenance etc
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance, repair or operation of any public road.
7   Flood mitigation works
The carrying out of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvements in pursuance of the provisions of the Water Act 1912, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, excluding development involving:
(a)  the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as to materially affect their design or external appearance, or
(b)  the formation or alteration of any means of access to a road.
Schedule 5 Classification and reclassification of public land as operational land
(Clause 19)
Part 1 Land classified or reclassified under original section 30 of Local Government Act 1993
Lot 32 DP 19574, 63A Orchardtown Road, New Lambton, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 1987 (Amendment No 124)”, Sheet No 2 of 3 sheets.
Lot J DP 13401, Lots 95–98, 40 Victory Parade, Wallsend, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 1987”.
Part 2 Land classified or reclassified under amended section 30 of Local Government Act 1993—interests changed
Part Lot 40 DP 19631, 45 Lookout Road, New Lambton Heights, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 1987 (Amendment No 124)”, Sheet No 1 of 3 sheets.
Part of Lot 40 DP 19631, 45 Lookout Road, New Lambton Heights, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 5)”.
Part Lot 6, Sec 1, DP 29, known as 67 Cowper Street, Wallsend, as shown edged heavy black on Sheet 15 of the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 4)”.
Part 3 Land classified or reclassified under amended section 30 of Local Government Act 1993—interests not changed
Lots B and C, DP 37025, and known as 7A Breen Street, Stockton (Breen Street Reserve), as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 1)”.
Part Lot 1, DP 552405, and known as 6 Frances Street, Wallsend, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 10)”.
sch 5: Am 24.12.2004; 2008 (66), cl 4; 2009 (136), Sch 1 [33]; 2011 (289), cl 4.
Schedule 6 Heritage items and heritage conservation areas
(Clause 37 and Schedule 2)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Adamstown
Adamstown Post Office
195 Brunker Road
Lot 1 DP 222812
Local
Adamstown
Former Adamstown Public School
201 Brunker Road
Lot 3263 DP 822183
Local
Adamstown
Adamstown Uniting Church
228 Brunker Road
Lot 1 DP 126604
Local
Adamstown
Nag’s Head Hotel
268 Brunker Road
Lot B DP 319138
Local
Adamstown
Kitchener Hall
269 Brunker Road
Lot 2 DP 227081
Local
Adamstown
Adamstown RSL Memorial Hall
278 Brunker Road
Lot 2 DP 1002163
Local
Adamstown
Former Rifle Range
351 Brunker Road
Lot 102 DP 1037972
Local
Adamstown
Adamstown Signal Box
Cnr Glebe Road and Park Avenue
Railway land
Local
Adamstown
Adamstown Park
506 Glebe Road
Pt Lot 3156 DP 755247
Local
Adamstown
Gates Hotel
660 Glebe Road
Lots 7 and 8 Sec A DP 2347
Local
Adamstown
St Columba Primary School
153 Lockyer Street
Pt Lot 35 and Lots 36–45 Sec 7 DP 1141
Local
Adamstown
Former Church
153 Lockyer Street
Pt Lot 35 and Lots 36–45 Sec 7 DP 1141
Local
Adamstown
Police Residence
65 Narara Road
Lot 3276 DP 823771
Local
Adamstown
Adamstown Police Station
67 Narara Road
Lot 3277 DP 823771
Local
Adamstown
Pedestrian Bridge
Park Avenue
Railway land
Local
Adamstown
Adamstown Railway Station
10 Park Avenue
Railway land
Local
Adamstown
New Redhead Estate Coal Co’s Railway
29 Park Avenue
Lot 5 DP 589266
Local
Adamstown
Adamstown Masonic Hall
151 Teralba Road
Lot 1888 DP 755247
Local
Adamstown
Former Royal Standard Hotel
67 Victoria Street
Lot 100 DP 715282
Local
Bar Beach
Units
26 Brooks Street
SP 52934
Local
Bar Beach
Kamarem Court (Residential units)
289–293 Darby Street
SP 12800
Local
Bar Beach
Former King Edwards Girls Home
313 Darby Street
Lot 11 DP 1082583, Lot 2665 DP 755247
Local
Bar Beach
Shed
334A Darby Street
Lot 100 DP 883543
Local
Bar Beach
Empire Park
1 Kilgour Avenue
Pt Lot 258 DP 755247
Local
Bar Beach
Cooks Hill Life Saving Memorial
1 Kilgour Avenue
Pt Lot 258 DP 755247
Local
Bar Beach
Reid Park Tennis Clubhouse and Tennis Courts
1–7 Kilgour Avenue
Pt Lot 258 and Lot 3140 DP 755247
Local
Bar Beach
Empire Park Bowling Club Fence
29 Kilgour Avenue
Lot 3141 DP 755247
Local
Bar Beach
Electrical Substation
17 Light Street
Lot 2 DP 37815
Local
Bar Beach
Cooks Hill Surf Life Saving Club
107–109 Memorial Drive
Pt Lot 258 DP 755247
Local
Bar Beach
Residence
10 Parkway Ave
Lot 2 DP 513566
Local
Bar Beach
Parkhurst Flats
17 Parkway Avenue
Lot 25 DP 32532
Local
Bar Beach
Units
23 Parkway Avenue
SP 22152
Local
Bar Beach
Acropolis (Residential units)
40 Parkway Avenue
SP 33214
Local
Bar Beach
Brooklyn Court (Residential units)
6 Tooke Street
SP 9251
Local
Beresfield
Newcastle Crematorium
176 Anderson Drive
Lot 1 DP 186908, Lot 1 DP 221744, Lot 11 DP 553141, Lot 29 DP 29481
Local
Beresfield
Beresfield Public School
181 Anderson Drive
Lot 1 DP 782678, Lot 1 DP 544214, Lots 182–184, 188 and 189 DP 12628
Local
Birmingham Gardens
The Regal Cinema
4 Moore Street
Lots 90 and 91 DP 12691
Local
Birmingham Gardens
Wallsend General Cemetery
164 Sandgate Road
Ms 658 Md
Local
Broadmeadow
Remnant Plantings, District Park
6 Bavin Road
Pt Lot 1502 DP 755247
Local
Broadmeadow
Fire Station—Hamilton
9 Belford Street
Lot 1 DP 77912
Local
Broadmeadow
Goninans (Industrial site)
16 Broadmeadow Road
Lot 1 DP 530737, Lot 218 DP 805924, Lot 221 DP 1012345
Local
Broadmeadow
English & Australian Copper Co (Industrial site)
16 Broadmeadow Road
Lot 1 DP 530737, Lot 218 DP 805924, Lot 221 DP 1012345
Local
Broadmeadow
Former Lambton Colliery Railway (Relic)
16 Broadmeadow Road
Lot 1 DP 530737, Lot 218 DP 805924, Lot 221 DP 1012345
Local
Broadmeadow
Sunnyside Hotel
20 Broadmeadow Road
Lot 216 DP 777695
Local
Broadmeadow
St Lawrence O’Toole Church
127–131 Broadmeadow Road
Lot 2233 DP 755247, Lots 1 and 2 DP 184402, Lot 1 DP 664791
Local
Broadmeadow
Arthur Park
93A Brunker Road
Lot 1807 DP 755247
Local
Broadmeadow
Newcastle Showground
1A Curley Road
Lots 2498 and 2583 DP 755247, Lot A DP 186497
Local
Broadmeadow
Entire Broadmeadow Racetrack site
100 Darling Street
Lot 13 DP 227704
Local
Broadmeadow
Former Broadmeadow Aero Club (incorporating former main hangar and preparation bay building)
2 Denny Street
Lot 2 DP 578356
Local
Broadmeadow
Fig trees in median strip
Dumaresq Street
 
Local
Broadmeadow
Broadmeadow Railway Station
36 Graham Road
Railway land
Local
Broadmeadow
Bridge over Graham Road
Lambton Road
 
Local
Broadmeadow
Broadmeadow Primary School
115 Lambton Road
Pt Lot 2525 DP 755247
Local
Broadmeadow
Broadmeadow Locomotive Depot Offices
1A Newton Street
Railway land
Local
Broadmeadow
Broadmeadow Locomotive Depot
1A Newton Street
Railway land
State
Broadmeadow
Former Locomotive Depot Workers accommodation
1B Newton Street
 
Local
Carrington
Former Carrington Club Hotel
83–85 Bourke Street
Lot 1 Sec 38 DP 300
Local
Carrington
Hydraulic Power Station
106 Bourke Street
Lot 3 DP 834572
State
Carrington
Connolly Park War Memorial Gate
1B Cowper Street North
DP 758233
Local
Carrington
Earp Woodcock Beveridge & Co (Industrial site)
8 Cowper Street South
Pt Lot 100 DP 1014244
Local
Carrington
Armstrong & Royce Timber Mill
8 Cowper Street South
Pt Lot 100 DP 1014244
Local
Carrington
Club Hotel
26 Cowper Street North
Lot 1 DP 79693
Local
Carrington
The Seven Seas Hotel
33 Cowper Street North
Lot 1 DP 102046
Local
Carrington
Throsby Basin Warehouse
Denison Street
 
State
Carrington
Palms
Gipps Street
 
Local
Carrington
Mary McKillop Home
58 Gipps Street
Lot 7 Sec 43 DP 755247
Local
Carrington
St Francis Xavier Catholic Church
60 Gipps Street
Lot 8A Sec 43 DP 755247
Local
Carrington
Date palms
Hargrave Street
 
Local
Carrington
Former Council Chambers
1A Hargrave Street
Lot 1 Sec 51 DP 755247
Local
Carrington
Former Morrison Bearby Warehouse (Facade only)
92 Hill Street
Lot 11 DP 1023961
Local
Carrington
Mathieson Street Terraces
2–18 Mathieson Street
Lot 1 DP 910260, Lots 1–8 DP 8631
Local
Carrington
Bullock Island Crane Bases
38 Robertson Street
Lot 1 DP 834572
Local
Carrington
Former McMyler Hoist
61 Robertson Street
Lot 2 DP 834572
Local
Carrington
Carrington Fire Station
51 Young Street
Lot 4 Sec 36 DP 755247
Local
Carrington
Carrington Public School
88 Young Street
Lots 1–3 DP 4715, Lots 6–8 Sec 37 DP 755247
Local
Carrington
Everyones Theatre
92A Young Street
Lot 1 DP 151605
Local
Carrington
St Thomas Anglican Church and Hall
95 Young Street
Lot 32 DP 843193
Local
Carrington
Carrington Post Office
97 Young Street
Lot 11 Sec 32 DP 755247
Local
Carrington
Quambi (Residence)
110 Young Street
Lot 2 DP 3687
Local
Carrington
Almora (Residence)
112 Young Street
Lot 3 DP 3687
Local
Carrington
Shop
121 Young Street
Lot 1 DP 312270
Local
Carrington
Carrington House (Residence)
130 Young Street
Lot 1 DP 179625
Local
Carrington
Oriental Hotel
132 Young Street
Lot 10 DP 656932
Local
Carrington
Former Glasgow Arms Hotel
140 Young Street
Lots 37–39 DP 78
Local
Carrington
Cosmopolitan Hotel
151 Young Street
Lot 1 DP 923985
Local
Cooks Hill
Strathearn Terrace Group
92–98 Bull Street
Lot 1 DP 715763, Lot 1 DP 194245, Lots 1 and 2 DP 739440
Local
Cooks Hill
Residence
30 Corlette Street
Lot 640 DP 630631
Local
Cooks Hill
Horse Trough
Corner of Darby and Young Streets
 
Local
Cooks Hill
Former St Hilda’s Hostel
250 Darby Street
Lot 2 DP 872146
Local
Cooks Hill
Normanton (Residence)
37 Dawson Street
Lot 112 DP 815683
Local
Cooks Hill
Terraces
111–113 Dawson Street
Lots 100 and 101 DP 557432
Local
Cooks Hill
Nickimble Terrace Group
115–123 Dawson Street
Lots 10–14 DP 244348
Local
Cooks Hill
Former Signalman’s Cottage
12 Laman Street
Lot 11 DP 150135
Local
Cooks Hill
Former Railway Overpass
12 Laman Street
Lot 12 DP 150135
Local
Cooks Hill
St Andrews Presbyterian Church
12 Laman Street
Lot 10 DP 95189
State
Cooks Hill
Baptist Tabernacle
25 Laman Street
Pt Lot 19 Sec G DP 978941
State
Cooks Hill
Von Bertouch Galleries
61 Laman Street
Lot 1 DP 851075, Lot 21 DP 825796
Local
Cooks Hill
Cooks Hill Special School
100–102 Laman Street
Lots 250 and 251 DP 749870
Local
Cooks Hill
Dr Watkins House
64 Parkway Avenue
Lots 125 and 126 DP 37825
Local
Cooks Hill
Residence
79 Parkway Avenue
Lot 115 DP 154294
Local
Cooks Hill
St Johns Church, Hall and grounds
1B Parry Street
Lot 1 DP 872146
State
Cooks Hill
Thorns Terrace
45 Railway Street
Lot 101 Sec H DP 554480
Local
Cooks Hill
Thorns Terrace
47 Railway Street
Lot 102 Sec H DP 554480
Local
Cooks Hill
Thorns Terrace
49 Railway Street
Lot 103 Sec H DP 554480
Local
Cooks Hill
Thorns Terrace
51 Railway Street
Lot 104 Sec H DP 554480
Local
Cooks Hill
Thorns Terrace
53 Railway Street
Lot 1 DP 998338
Local
Cooks Hill
Thorns Terrace
55 Railway Street
Lot 1 DP 745052
Local
Cooks Hill
Thorns Terrace
57 Railway Street
Lot 1 DP 198284
Local
Cooks Hill
Thorns Terrace
59 Railway Street
Lot 8 DP 137527
Local
Cooks Hill
Terrace
92–94 Railway Street
Lot 1 DP 711571
Local
Cooks Hill
Terrace
39 Union Street
Lot 761 DP 626207
Local
Cooks Hill
Terrace
41 Union Street
Lot 760 DP 626207
Local
Cooks Hill
Terrace
43 Union Street
Pt Lot 76 Sec J DP 978941
Local
Cooks Hill
Fire Station
44 Union Street
Lot 1 DP 77102
Local
Cooks Hill
Terrace
45 Union Street
Lot 1 DP 197740
Local
Cooks Hill
Leslieville (Former residence)
63 Union Street
Lot 801 DP 535282
State
Elermore Vale
Jubilee ventilation shaft (Wallsend Colliery)
124 Cardiff Road
Lot 20A DP 17677
Local
Elermore Vale
Former West Wallsend Steam Tram Line
Glendale to Wallsend
 
Local
Hamilton
Station Buildings and Signal Box
1A Beaumont Street
Railway land
Local
Hamilton
Sydney Junction Hotel
8 Beaumont Street
Lot X DP 374327, Lot 1 DP 86246, Lot 11 DP 89305
Local
Hamilton
Former Masonic Hall
104 Beaumont Street
Lot 77 DP 700187
Local
Hamilton
Wesley Church
152 Beaumont Street
Lots 1–3 DP 770155
Local
Hamilton
Wesley Church Gates and Fence
152 Beaumont Street
Lots 1–3 DP 770155, Lot B DP 154392
Local
Hamilton
Terrace (including iron fence and gate)
21 Cameron Street
Lot 1 DP 744660
Local
Hamilton
Date palms
Chaucer Street
 
Local
Hamilton
Former Steam Tramshed
89 Denison Street
Lot 112 DP 1005089
Local
Hamilton
War Memorial (Steam Tram Memorial)
89 Denison Street
Lot 112 DP 1005089
Local
Hamilton
Former Hamilton Hotel
100 Denison Street
Lot 1 DP 75471
Local
Hamilton
Exchange Hotel
125–127 Denison Street
Lot 1 DP 76276
Local
Hamilton
Hotel Bennett
146 Denison Street
Lot 1 DP 89300
Local
Hamilton
St Peters Anglican Church
148 Denison Street
Lot 2 Sec F DP 192808
Local
Hamilton
A A House
195–197 Denison Street
Lot 22 DP 879044, Lot 3 DP 153592
State
Hamilton
Large fig tree
Denison Street and Lawson Street
 
Local
Hamilton
Eddy Street residence
4 Eddy Street
Lot 29 Sec L DP 10482831
Local
Hamilton
Eddy Street residence
6 Eddy Street
Pt Lot 28 Sec L DP 10482831
Local
Hamilton
Eddy Street residence
8 Eddy Street
Lot 27 DP 770646
Local
Hamilton
Eddy Street residence
10 Eddy Street
Lot 26 DP 996741
Local
Hamilton
Eddy Street residence
12 Eddy Street
Lot 1 DP 780907
Local
Hamilton
Eddy Street residence
14 Eddy Street
Lot 24 DP 735930
Local
Hamilton
Eddy Street residence
16 Eddy Street
Lot 1 DP 795000
Local
Hamilton
Eddy Street residence
18 Eddy Street
Lot 1 DP 194918
Local
Hamilton
Anona (Residence including front fence)
36 Gordon Avenue
Lot 11 DP 708981
Local
Hamilton
A A Company Display Home
141 Gordon Avenue
Pt Lot 1 DP 95144
Local
Hamilton
A A Company Display Home
154 Gordon Avenue
Lot 1 DP 797151
Local
Hamilton
Hely Brothers Pty Ltd (Industrial site)
48 Hudson Street
Pt Lot 3 DP 508048, Pt Lots 15 and 16 DP 95247, Lot 17 and Pt Lot 18 DP 999640
Local
Hamilton
Residence
48 Hudson Street
Pt Lot 15 DP 95247
Local
Hamilton
Former Flour Mill
56 Hudson Street
SP 58951
Local
Hamilton
Former Hamilton Volunteer Fire Station
38 James Street
Lot 1 DP 194909
Local
Hamilton
Police Station
57 James Street
Lot 1 DP 795449
Local
Hamilton
Hamilton Post Office
56 Lindsay Street
Lot 2862 DP 755247
Local
Hamilton
Fettercairn (Former residence and hospital)
65 Lindsay Street
Lot 1 DP 194569
Local
Hamilton
Former Nurses Home
66 Lindsay Street
Lot 1 DP 799840
Local
Hamilton
Chelsea (Residence)
68 Lindsay Street
Lot E DP 447913
Local
Hamilton
Hamilton Nursing Home
22–24 Samdon Street
Lots 5–7 DP 558137
Local
Hamilton
Hamilton Hotel
71 Tudor Street
Lot 351 DP 585827
Local
Hamilton
Scots Kirk Presbyterian Church
94 Tudor Street
Lot 101 DP 837017
Local
Hamilton
Former Bank of New South Wales
103 Tudor Street
Lot 100 DP 624615
Local
Hamilton
Anzac House (Former Mechanics Institute)
117 Tudor Street
Lots 2 and 3 DP 524404
Local
Hamilton
Hamilton Public School
127A Tudor Street
Lot 2 DP 809375
Local
Hamilton
Gregson Park
130A Tudor Street
Lot 1 DP 95154
Local
Hamilton
John William Parsons Monument
130A Tudor Street
Lot 1 DP 95154
Local
Hamilton
Gregson Park Tudor Street Gates
130A Tudor Street
Lot 1 DP 95154
Local
Hamilton
War Memorial—Gregson Park
130A Tudor Street
Lot 1 DP 95154
Local
Hamilton
Fountain Monument—Gregson Park
130A Tudor Street
Lot 1 DP 95154
Local
Hamilton
Gregson Park Steel Street Gates
130A Tudor Street
Lot 1 DP 95154
Local
Hamilton
Wesley Church Hall
19 William Street
Lot 1 DP 770161
Local
Hamilton East
House (including front fence)
58 Denison Street
Lot 1 DP 770590
Local
Hamilton East
House
60 Denison Street
Lot 1 DP 744771
Local
Hamilton East
Newcastle District Ambulance Station
77 Denison Street
Lot 183 DP 539432
Local
Hamilton East
Fig trees
Stewart Avenue
 
Local
Hamilton North
Gas Co Site Remnant Gardens
1 Chatham Road
Lot 1 DP 79057
Local
Hamilton North
Newcastle Gas Co Office
1 Chatham Road
Lot 1 DP 79057
Local
Hamilton North
Pump House and fence
1 Chatham Road
Lot 1 DP 79057
Local
Hamilton North
Shell Company of Australia (Industrial site)
5–7 Chatham Road
Lot 1 DP 77996
Local
Hamilton North
Pipeline Clifton Bros (Former residence)
5–7 Chatham Road
Lot 1 DP 77996
Local
Hamilton North
Richardson Park
16 Chatham Road
Lot 2436 DP 755247, Lot 2418 DP 755247
Local
Hamilton North
Former Scout Hall
16 Chatham Road
Lot 2954 DP 755247
Local
Hamilton North
ELMA Factory
52–54 Clyde Street
Lot 102 DP 1024980
Local
Hamilton South
Learmonth Park
80A Gordon Avenue
Lot 21 DP 95334
Local
Hamilton South
Learmonth Park Pillars
80A Gordon Avenue
Lot 21 DP 95334
Local
Hamilton South
The Gables (Residence)
152 Gordon Avenue
Lot 54 DP 662931
Local
Hamilton South
Newcastle High School
25A National Park Street
Lot 1 DP 150725, Lot 1 DP 575171, Lot 1 DP 794827
Local
Hamilton South
House
135 Parkway Avenue
Lot 90 DP 37549
Local
Hexham
Railway Station
Maitland Road
Railway land
Local
Hexham
Former Travellers Rest Hotel
23 Maitland Road
Lot 1 DP 659925
Local
Hexham
Oak Factory
189 Maitland Road
Lot 2 DP 802350
Local
Hexham
Hannel Family Vault
398B Maitland Road
Lot 1 DP 974950
Local
Hexham
Slab Shed
2 Old Maitland Road
Pt Lot 7002 DP 1052280
Local
Hexham
Former Uniting Church and Hall
63 Old Maitland Road
Lot 2 DP 546494
Local
Hexham
Former Glen Lovett Hall
187 Old Maitland Road
Lot A DP 157693
Local
Hexham
Former Hexham Public School
227 Old Maitland Road
Lot 102 DP 499013
Local
Hexham
Hexham Shipbuilding Yards
230 Old Maitland Road
Lot 12 DP 855330
Local
Hexham
Goninans Administration Building
230 Old Maitland Road
Lot 12 DP 855330
Local
Hexham
J & A Brown’s Hexham Workshops
230 Old Maitland Road
Lot 12 DP 855330
Local
Hexham
Hexham Bridge
Pacific Highway
 
Local
Islington
Venetia (Residence)
111 Albert Street
Lot 1 DP 415171
Local
Islington
Islington RSL Memorial Hall
113 Albert Street
Lot 1 DP 344553
Local
Islington
Terrace
60 Chinchen Street
Lot 1 DP 709948
Local
Islington
Terrace
62 Chinchen Street
Lot 1 DP 136616
Local
Islington
Terrace
64 Chinchen Street
Lot 1 DP 1031915
Local
Islington
Terrace
66 Chinchen Street
Lot 1 DP 195202
Local
Islington
Terrace
68 Chinchen Street
Pt Lot 7 Sec A DP 192668
Local
Islington
Terrace
70 Chinchen Street
Lot 1 DP 779533
Local
Islington
Islington Junction Box
Clyde Street
Railway land
Local
Islington
Hamilton Station Hotel
6 Fern Street
Lot 1 DP 75464
Local
Islington
Former Dick Bros Engineering building
62 Fern Street
Lots 1–4 DP 782730
Local
Islington
Public School (including trees)
17 Hubbard Street
Lot 2 DP 797777
Local
Islington
Residence
22 Maitland Road
Lot C DP 334618
Local
Islington
Former Regent Picture Theatre
80 Maitland Road
Lot 1 DP 88359
Local
Islington
Islington Park
151A Maitland Road
Ms 735 Md, Lot 3182 DP 257283, Lots A and B DP 37022, Lot 1 DP 337010
Local
Islington
St Marks Anglican Church
5 Norfolk Avenue
Lots 1–3 Sec B DP 978072
Local
Islington
St Marks Rectory
9 Norfolk Avenue
Pt Lot 4 Sec B DP 978072, Lot 21 DP 9652
Local
Islington
Winchombe Carson Warehouse
13 Roslyn Avenue
Lot 201 DP 583258
Local
Islington
Kenilworth (Residence)
14 Sheddon Street
Lots 1–2 Sec G DP 2331, Lot 17 Sec G DP 2331
Local
Jesmond
Marquis of Midlothian Hotel
42 Robert Street
Lot 91 DP 791194
Local
Kooragang
Tongues Tree Fig
Kooragang Nature Reserve
 
Local
Kooragang
Palm
Greenleaf Road
 
Local
Kooragang
131 Radar Igloo (Building)
200 Kooragang Street
Lot 1 DP 126347
State
Kooragang
School Master’s House
200 Kooragang Street
Lot 1 DP 126347
Local
Lambton
Lambton Anglican Church
19 Church Street
Lot 230 DP 1035097
Local
Lambton
Lambton Public School
18 Croudace Street
Lot 1 DP 804236
Local
Lambton
Lambton Fire Station
67 De Vitre Street
Lot 854 DP 755247
Local
Lambton
Former Lambton Police Station and Lock-up Residence
22 Dickson Street
Lot 2414 DP 755247
Local
Lambton
Post Office
37 Dickson Street
Lot 1 DP 815096
Local
Lambton
Bethal Congregational Church
43A Dickson Street
Lot 56 DP 777623
Local
Lambton
Convent of Mercy
69A Dickson Street
Lot 1 DP 3, Lot 1 DP 907508, Lots 4–6 DP 907509
Local
Lambton
St John Catholic Church
82 Dickson Street
Pt Lot 6 Sec B DP 3, Lot 1 DP 255158, Lot 16 DP 119115
Local
Lambton
St John Presbytery
82 Dickson Street
Pt Lot 6 Sec B DP 3, Lot 1 DP 255158, Lot 16 DP 119115
Local
Lambton
Lambton Mechanics Institute Hall
68 Elder Street
Lot 330 DP 755247
Local
Lambton
Shopfront
106 Elder Street
Lot 4 DP 813318
Local
Lambton
Le Chalet (Residence)
130 Elder Street
Lots 10 and 11 Sec F DP 3
Local
Lambton
Uniting Church
136 Elder Street
Lot 7 Sec F DP 3
Local
Lambton
Lambton Park
50 Howe Street
Pt DP 755247
Local
Lambton
Lambton Park Drinking Fountain
50 Howe Street
Pt DP 755247
Local
Lambton
Lambton Park Gates
50 Howe Street
Pt DP 755247
Local
Lambton
Lambton Park Rotunda
50 Howe Street
Pt DP 755247
Local
Lambton
Lambton Library (Formerly Lambton Municipal Chambers)
50 Howe Street
Pt DP 755247
Local
Lambton
The Lambton Park Hotel
60 Howe Street
Lot 1 DP 442480
Local
Lambton
Residence
64 Howe Street
Lots A and B DP 435770
Local
Lambton
Cartrefle (Residence)
79 Howe Street
Lot 2 DP 301561
Local
Lambton
Lambton Anglican Rectory
18 Morehead Street
Lot 231 DP 1035097
Local
Lambton
Lambton Masonic Hall
22A Morehead Street
Lot 849 DP 755247
Local
Lambton
Kings Theatre (Former Coronation Hall)
31 Morehead Street
Lot 2 DP 334833
Local
Lambton
Lambton Pumping Station
307A Newcastle Road
Lot 2 DP 787983
Local
Maryland
Glendor Thomas Family Grave
79 Callan Avenue
Lot 3 DP 839872
Local
Maryland
Styles Grove Landscape (Moreton Bay fig trees)
256 Minmi Road
Lot 611 DP 1034932
Local
Maryland
Styles Grove (Former residence and farm buildings)
256 Minmi Road
Lot 611 DP 1034932
Local
Maryville
Maryville Postal Pillar Box
Harrison Street
 
Local
Maryville
Remnant Tuckeroos (trees)
Williams Street
 
Local
Mayfield
Residence
28 Bull Street
Lot 1 DP 815609
Local
Mayfield
Residence
74 Bull Street
Lot 2 DP 336905
Local
Mayfield
St Andrews Church
31A Church Street
Lot 3 DP 544502
Local
Mayfield
St Columban’s Church
39 Church Street
Lot 4 DP 509134
Local
Mayfield
St Columbans Presbytery
58 Church Street
Lot 1 DP 66978
Local
Mayfield
Ingall House group
47 Crebert Street
Lot 211 DP 871588
Local
Mayfield
Ingall House group
51 Crebert Street
Lot 1 DP 213056
Local
Mayfield
Ingall House
61 Crebert Street
Lot 13 DP 538578
Local
Mayfield
Bella Vista (Former residence)
105 Crebert Street
Lot 141 DP 716312
Local
Mayfield
Former Substation
138A Crebert Street
Lot A DP 164300
Local
Mayfield
Residence
141 Crebert Street
Lot B DP 37452
Local
Mayfield
Winncourt (Residence)
143 Crebert Street
Lot 2 DP 523690
Local
Mayfield
Residence
145 Crebert Street
Lots 9 and 10 Sec C DP 978483, Pt Lots 26 and 27 Sec C DP 978483
Local
Mayfield
Residence
147 Crebert Street
Lot A DP 160509
Local
Mayfield
Tongarra (Residence)
149 Crebert Street
Lot 51 DP 1022725
Local
Mayfield
Former St Andrews Rectory
1 Durham Street
Lot 2 DP 544502
Local
Mayfield
House and picket fence
41 Elizabeth Street
Lots 30–32 Sec I DP 975066
Local
Mayfield
House and picket fence
72 Elizabeth Street
Lot A DP 367045
Local
Mayfield
Trees at site of Catholic School of Christ the King
3 Fitzroy Street
Lot 110 DP 1023101
Local
Mayfield
St John Presbyterian Church
33A Hanbury Street
Lots 1A, 1B and 1C Sec D DP 977626, Lot 3A Sec D DP 977626
Local
Mayfield
Webb Park
86A Hanbury Street
Lots 1–3 DP 185977
Local
Mayfield
Residence
88 Hanbury Street
Lot 1 DP 332193, Lot 1 DP 127928, Lot 1 DP 322926
Local
Mayfield
Hunter Institute of Technology
52 Havelock Street
Lot 1 DP 875242
Local
Mayfield
San Clemente School
78 Havelock Street
Lot 1 DP 818888, Lots 2 and 3 DP 230245
Local
Mayfield
Mayfield House
Highfield Street
 
Local
Mayfield
Winahra (Residence)
21 Highfield Street
Lot 1 DP 342048
Local
Mayfield
Church House
29–31 Highfield Street
Pt Lots 1–3 Sec B DP 978483
Local
Mayfield
Mayfield Uniting Church
29–31 Highfield Street
Pt Lots 1–3 Sec B DP 978483
Local
Mayfield
Simpsons Cottage
64 Industrial Drive
Lot 20 Sec B DP 16844
Local
Mayfield
Residence
15 Kerr Street
Lot 11 DP 537479
Local
Mayfield
Glen Airlie, (Arnott Residence)
41 Kerr Street
Lot B DP 378684
Local
Mayfield
Residence
76 Kerr Street
Lot A DP 360878
Local
Mayfield
Dangar Park
21A Maitland Road
Pt Lot 128 DP 755247
Local
Mayfield
Date palms
21A Maitland Road
Pt Lot 128 DP 755247
Local
Mayfield
Beauford Hotel
39 Maitland Road
Lots 4–7 Sec J DP 3626
Local
Mayfield
The Coliseum (Commercial building)
116–122 Maitland Road
Lots 183 and 184 DP 95371
Local
Mayfield
Stag & Hunter Hotel
185 Maitland Road
Lot 1 DP 80473
Local
Mayfield
Mayfield Police Station
219–221A Maitland Road
Lot 1 DP 711020, Lot 2 DP 784164
Local
Mayfield
Elladale (Former residence)
358 Maitland Road
Lot 1 DP 806145
Local
Mayfield
Residence
94 Margaret Street
Lot 22 DP 563077
Local
Mayfield
Burrundulla (Residence)
2 Pitt Street
Lot B DP 161146
Local
Mayfield
Burgman House
4 Pitt Street
Lots A and B DP 163111
Local
Mayfield
Salvation Army Citadel
3 Victoria Street
Lot 1 DP 74234, Lot 24 DP 540764
Local
Mayfield
Redemptorist Monastery
68 Woodstock Street
Lot 4 DP 546404
Local
Mayfield
Remnant Monastery Garden
68 Woodstock Street
Lot 4 DP 546404
Local
Mayfield East
Former Botanic Garden Site
24–30 Crebert Street
Lots 90 and 91 DP 1022901, Lot 100 DP 875896
Local
Mayfield East
Mayfield East Public School
34 Crebert Street
Pt Lot 225 DP 755247, Lot 1 DP 195848, Lot 2 DP 610699
Local
Mayfield East
Australia Wire Rope Building
6 George Street
Lot 1 DP 577013
Local
Mayfield East
Residence
92 Margaret Street
Lot 23 DP 563077
Local
Mayfield North
No 1 Bloom & Rail Mill
51 Industrial Drive
Lot 225 DP 1013964
State
Mayfield North
Administration Buildings Nos 2, 3 and 4
51 Industrial Drive
Lot 225 DP 1013964
Local
Mayfield North
No 1 Change House
51 Industrial Drive
Lot 225 DP 1013964
Local
Mayfield North
1st Mill Building
51 Industrial Drive
Lot 225 DP 1013964
Local
Mayfield North
Cycle Sheds and No 2 Rod Mill
141 Ingall Street
Lot 224 DP 1013964
Local
Mayfield North
Apprentice Training Centre
141 Ingall Street
Lot 224 DP 1013964
Local
Mayfield North
Administration Building, 1933
141 Ingall Street
Lot 224 DP 1013964
Local
Mayfield North
No 1 Blower House
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
Soaking Pits Building
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
No 3 Blast Furnace
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
AC Saltwater Pumphouse
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Administration Building
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
Delprat’s Quarters
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
DC Substation
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
Powerhouse
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
No 4 Blast Furnace and Stoves
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Quality Control Laboratory
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
BOS Plant
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Mould Conditioning Building
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Master Mechanics Office
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Pattern Store
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Remnant No 1 Blast Furnace
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
Open Hearth Change House
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Tool Room
99 Selwyn Street
Lot 221 DP 1013964
Local
Mayfield North
Steel Foundry
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
18" Mill Building and Stack Yard
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
12" Mill Building and Stack Yard
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
No 1 Rod Mill Building
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
Open Hearth Building
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield North
Original Timber Wharves
99 Selwyn Street
Lot 221 DP 1013964
State
Mayfield West
Former Maternity Hospital
1 Buruda Street
Lot 2 DP 156246
Local
Mayfield West
Mayfield West Public School
7 Gregson Avenue
Lot 1 DP 795155
Local
Mayfield West
Former Migrant Camp
609 Maitland Road
Lot 1 DP 369641
State
Mayfield West
Substation
2 Maud Street
Lot 4 DP 153265
Local
Mayfield West
Remnant Garden
50 McIntosh Drive
Lot 23 DP 270249
Local
Merewether
Burwood Inn
77 Berner Street
Lot 1 DP 79791
Local
Merewether
Merewether Baby Health Clinic
25 Caldwell Street
Lot 1 DP 1103114
Local
Merewether
Former Glebe Methodist Church
101 City Road
Lots 33 and 34 Sec 7 DP 111240
Local
Merewether
Residence
1A Curry Street
Lot 1 DP 866521
Local
Merewether
Former Racecourse Inn
65 Frederick Street
Lot 200 DP 882970
Local
Merewether
Trialba (Residence)
75 Frederick Street
Lot A DP 155296
Local
Merewether
Beach Hotel
99 Frederick Street
Lot 1 DP 79757
Local
Merewether
Stallards Garage
152 Glebe Road
Lot 1 DP 998577
Local
Merewether
Merewether Uniting Church
176 Glebe Road
Lots 78–80 Sec 6 DP 32615
Local
Merewether
Beach Pavilion
5 Henderson Parade
Lot 100 DP 1130581
Local
Merewether
Merewether Baths
27 Henderson Parade
R 56681
Local
Merewether
The Ridge (Hillcrest Hospital)
21 Hillcrest Road
Lot 5 DP 260947
State
Merewether
Brown Sisters’ Convent
8 Janet Street
Lot 1 DP 210515
Local
Merewether
Holy Family Parish Hall
19 Janet Street (Ridge Street)
Lot 1 DP 547032
Local
Merewether
Residence
8 Kempster Road
Lots 90 and 91 DP 1082365
Local
Merewether
Brynhfryd (Residence)
44 Kilgour Avenue
Lot 1 DP 986437
Local
Merewether
Merewether Post Office
36 Llewellyn Street
Lot 152 DP 772098
Local
Merewether
Merewether Fire Station
37 Llewellyn Street
Lot 1100 DP 997536, Lots 111 and 112 DP 530198
Local
Merewether
St Augustine’s Anglican Church
43 Llewellyn Street
Lots 7–9 Sec 6 DP 111239
Local
Merewether
Former Police Station
85 Llewellyn Street
Lot 101 DP 829724
Local
Merewether
Blairgowrie (Residence)
39 Lloyd Street
Lot 1 DP 514500
Local
Merewether
Henderson Park Community Hall
42 Lockyer Street
Pt Lot 199 Sec B DP 109967
Local
Merewether
Henderson Park
42 Lockyer Street
Lot 199 Sec B DP 109967
Local
Merewether
Macquarie Street Reservoir
65 Macquarie Street
Lot 10 DP 813829
Local
Merewether
Remnant Metrosideros Plantings
Memorial Drive
 
Local
Merewether
Remains of Glenrock Railway
Merewether Beach
R 46525
Local
Merewether
War Memorial (Mitchell Park)
24 Mitchell Street
Lot 7022 DP 93962
Local
Merewether
Townson Oval Pavilion (Mitchell Park)
24 Mitchell Street
Lot 7022 DP 93962
Local
Merewether
Merewether Baptist Church
75 Morgan Street
Lot 3 DP 153084
Local
Merewether
Residence
26 Rowan Crescent
Lot 91 DP 521593
Local
Merewether
Remains of Smelter
Smelters Beach
 
Local
Merewether
Newcastle Coke Ovens
80 Watkins Street
 
Local
Merewether Heights
Fruit Packing Shed and Residence
221 Scenic Drive
Lot 1 DP 197754
Local
Merewether Heights
Glenrock Reserve
221 Scenic Drive
Lots 111 and 112 DP 776284, Lot 110 DP 571225, Lot 7 DP 520646, Lot 1 DP 733514, Lot 1 DP 197754
Local
Merewether Heights
Bailey’s Orchard
221 Scenic Drive
Lot 1 DP 197754, Lot 1 DP 73351, Lot 111 DP 776284
Local
Minmi
Duckenfield Colliery Railway (Relics)
  
Local
Minmi
Duckenfield Railway No 1 Colliery Branch Line
  
Local
Minmi
Duckenfield Railway Nos 2, 3 and 4 Collieries Branch Line
  
Local
Minmi
St Andrews Presbyterian Church
19 Church Street
Lot 1 DP 577710
Local
Minmi
Former Police Station and Courthouse
40 Church Street
Lot 1 DP 730659
Local
Minmi
John Brown’s Model Farm
33 Lenaghans Drive
 
Local
Minmi
Stone Ford
33 Lenaghans Drive
Lot 1 DP 1007615
Local
Minmi
Winston Court (Residence)
142 Lenaghans Drive
Pt Lot 4 DP 850020
Local
Minmi
Former Railway Cuttings
East of McInnes Street
Pt Lot 12 DP 1022524
Local
Minmi
Minmi to Hexham Railway
Minmi to Hexham
 
State
Minmi
Cemetery
141 Minmi Road
Lot 34 DP 800036
Local
Minmi
Duckenfield No. 2 Colliery Air Furnace Shaft
141 Minmi Road
Lot 34 DP 800036
Local
Minmi
Minmi Reservoir Site
15 Reservoir Road
Lot 147 DP 840897
Local
Minmi
Former Reservoir Residence
17 Reservoir Road
Lot 21 DP 793953
Local
Minmi
Remains of Railway Siding
29 Woodford Street
Lot 148 DP 840897
Local
Minmi
Dairy Cool Rooms
29 Woodford Street
Lot 148 DP 840897
Local
Minmi
Former Railway Cuttings
29 Woodford Street
Lot 148 DP 840897
State
Minmi
Minmi Public School (Foundation stones and bell)
56 Woodford Street
Lot 1 DP 782483, Lot 15 Sec A DP 30399
Local
Minmi
Minmi Coal Carriage
56 Woodford Street
Lot 1 DP 782483, Lot 15 Sec A DP 30399
Local
Minmi
Minmi Train Carriage
96 Woodford Street
Lot 1 DP 157344
Local
Minmi
Former Post Office
129 Woodford Street
Lot 1 DP 446269
Local
Minmi
Minmi Hotel
156 Woodford Street
Lot 2 DP 851653
Local
Minmi
Garden House Site
177 Woodford Street
Lot 2 DP 1029922
Local
Minmi
Former Minmi Public School and Residence
196 Woodford Street
Lots 11 and 12 DP 596179
Local
New Lambton
Former Savoy Theatre
18A and 18B Alma Road
Lot 1266 DP 755247
Local
New Lambton
Newbold House
161 Croudace Street
Lots 3 and 4 DP 17908
Local
New Lambton
New Lambton Scout Hall
4 Fleet Street
Lot 6 DP 20700, Lot 10 DP 14496
Local
New Lambton
Scottish Australian Mining Co (site)
1A Mahogany Drive
Lot 19 DP 555035
Local
New Lambton
New Lambton Substation
34A Portland Place
Lot 310 DP 713570
Local
New Lambton
Orielton (Residence)
41 Queens Road
Lot C DP 315885
Local
New Lambton
The Grange (Residence)
59 Queens Road
Lot 2 DP 547000
Local
New Lambton
New Lambton Public School
66 Regent Street
Pt Lot 1220 DP 755247, Lot 1 DP 122485, Lots 1215, 1216 and 1218 DP 122486, Lot 1224 DP 755247
Local
New Lambton
St Therese Primary School
39 Royal Street
Lots 67–69 DP 5401
Local
New Lambton
Former Police Station and Residence
23 Westcourt Road
Lot 1223 DP 755247
Local
New Lambton Heights
Rankin Park Hospital
2 Lookout Road
Lot 13 DP 876245
Local
New Lambton Heights
Croudace House
2 Lookout Road
Lot 13 DP 876245
Local
New Lambton Heights
Remnant Garden, Croudace House
2, 14 and 20 Lookout Road
Lot 13 DP 876245, SP 60845, Lot 12 DP 876245
Local
Newcastle
Newcastle Post Office Annex
5 Bolton Street
Lot 1 DP 430746
State
Newcastle
NZ Insurance Building
12 Bolton Street
SP 51662
Local
Newcastle
Union Trustee Building
18 Bolton Street
Lot 42 DP 542509
Local
Newcastle
Former Eldon Chambers
24 Bolton Street
Lot 2 DP 136640
Local
Newcastle
Court Chambers
40 Bolton Street
Lot 71 DP 541527
Local
Newcastle
Steels Garage (Former Olympic Hall)
47 Bolton Street
Lot 1 DP 74337
Local
Newcastle
Former David Cohen & Co Warehouse
50 Bolton Street
Lot 1 DP 601267
State
Newcastle
Toll Cottage (Former Rose Cottage)
51 Bolton Street
Lot 394 DP 747410
State
Newcastle
Former Newcastle East Public School
58 Bolton Street
Lot 1 DP 709455
Local
Newcastle
Customs House
1 Bond Street
Lot 1 DP 533984
State
Newcastle
Stanton Catchlove Bond Store
11 Bond Street
Lot 1 DP 619238
Local
Newcastle
Macquarie House
8 Church Street
Lot 10 DP 24188
State
Newcastle
Courthouse
9 Church Street
Pt DP 755247
State
Newcastle
Buchanan Terrace and footpath
10 Church Street
Lot 9 DP 24188
State
Newcastle
Buchanan Terrace and footpath
12 Church Street
Lot 8 DP 24188
State
Newcastle
Buchanan Terrace and footpath
14 Church Street
Lot 7 DP 24188
State
Newcastle
Buchanan Terrace and footpath
16 Church Street
Lot 6 DP 24188
State
Newcastle
Buchanan Terrace and footpath
18 Church Street
Lot 5 DP 24188
State
Newcastle
Buchanan Terrace and footpath
20 Church Street
Lot 4 DP 24188
State
Newcastle
Buchanan Terrace and footpath
22 Church Street
Lot 3 DP 24188
State
Newcastle
Buchanan Terrace and footpath
24 Church Street
Lot 2 DP 24188
State
Newcastle
Buchanan Terrace and footpath
26 Church Street
Lot 1 DP 24188
State
Newcastle
Buchanan Terrace and footpath
28 Church Street
Lot B DP 420090
State
Newcastle
Buchanan Terrace and footpath
30 Church Street
Lot A DP 420090
State
Newcastle
Grand Hotel
32 Church Street
Lot 32 DP 343633
State
Newcastle
Dwelling
46 Church Street
Lot A DP 331216
Local
Newcastle
Nos 1 and 2 Lee Wharf Buildings A and C
9 Honeysuckle Drive
Pt Lot 51 DP 1036132
State
Newcastle
Civic Railway Workshops Group
9 Honeysuckle Drive,
10A Merewether Street
Pt Lot 51 DP 1036132,
Lot 50 DP 1036132
State
Newcastle
T & G Mutual Life Assurance Building
45 Hunter Street
Lot 6 DP 75385
State
Newcastle
Sun Building (Facade only)
48–56 Hunter Street
Lot 4 DP 76454
Local
Newcastle
AMP Building
55 Hunter Street
SP 53607
State
Newcastle
Former CBA Bank
67 Hunter Street
SP 65329
Local
Newcastle
Former National Bank
68 Hunter Street
Lot 1 DP 66499
Local
Newcastle
National Australia Bank
73 Hunter Street
Lot A DP 60510
State
Newcastle
Former Department of Public Works Office
74 Hunter Street
Lot 3224 DP 729951
State
Newcastle
Former Emporium Building
87–89 Hunter Street
Lots 1 and 2 DP 152682
Local
Newcastle
Former Police Station
90 Hunter Street
Lot 3223 DP 729951
State
Newcastle
Post Office and War Memorial Statue
96–100 Hunter Street
Lot 103 DP 758769
State
Newcastle
ANZ Bank
102 Hunter Street
Lot 1 DP 131741
State
Newcastle
CML Building
108–112 Hunter Street
Lot 1 DP 331485
State
Newcastle
Municipal Building
122–132 Hunter Street
Lots A–F DP 80153
Local
Newcastle
Former Hotel Hunter
154 Hunter Street
Lot 2 DP 600274
Local
Newcastle
Municipal Building
164–170 Hunter Street
Lot 1 DP 600274
Local
Newcastle
David Jones (Commercial building)
169–185 Hunter Street
Lot 1 DP 749729
Local
Newcastle
Former A A Dangar Building
176 Hunter Street
Lot 1 DP 110615
Local
Newcastle
Former School of Arts
182 Hunter Street
Lot 212 DP 660080
Local
Newcastle
Crown & Anchor Hotel
189 Hunter Street
Lot 1 DP 79759
Local
Newcastle
Former Johns Building
200–212 Hunter Street
Lot 1 DP 228072
Local
Newcastle
Commonwealth Bank Building
220 Hunter Street
Lot 1 DP 78033
Local
Newcastle
Former ANZ Bank
227 Hunter Street
Lot 1 DP 770692
Local
Newcastle
Lucky Country Hotel
237 Hunter Street
Lots 1 and 2 DP 331728
Local
Newcastle
Former Tramway Substation
342 Hunter Street
SP 21188
Local
Newcastle
Former Frederick Ash Building
357 Hunter Street
Lot 2 DP 1010675
Local
Newcastle
Civic Theatre
373 Hunter Street
Pt Lot 1 DP 225689
State
Newcastle
Former Emporium Building
517–529 Hunter Street
Lot 801 DP 562199
Local
Newcastle
Former Police Station
558 Hunter Street
Lot 3195 DP 705450
Local
Newcastle
Wheeler House
8 King Street
SP 65842
Local
Newcastle
Ireland Bond Store
123 King Street
Lot 1 DP 64187
Local
Newcastle
Albert Terraces
164–176 King Street
Lots 1–5 DP 263453
Local
Newcastle
The Moorings (Residential units)
199 King Street
SP 2831
Local
Newcastle
Civic Park
201 King Street
Lot 300 DP 604071
Local
Newcastle
Church Walk Park
203 King Street
Lot 27 DP 150538
Local
Newcastle
City Hall and lamp posts
290 King Street
Pt Lot 1 DP 225689
State
Newcastle
Christie Place (including fountain)
292 King Street
Pt Lot 1 DP 225689
Local
Newcastle
Nesca House
300 King Street
Lot 2 DP 225689
State
Newcastle
Newcastle War Memorial Cultural Centre
1 Laman Street
 
State
Newcastle
The Newcastle Club
40 Newcomen Street
Lots 1 and 2 DP 997519
State
Newcastle
Claremont (Former residence)
40 Newcomen Street
Lot 2 DP 997519
State
Newcastle
Sunnyside (Residence)
44 Newcomen Street
Lot 41 DP 1060945
Local
Newcastle
Terrace House
49 Newcomen Street
Lot 61 DP 569796
Local
Newcastle
Newcomen House (Residence)
51 Newcomen Street
Lot 1 DP 794738
Local
Newcastle
Newcastle Hospital North Wing
21 Pacific Street
Lot 22 DP 880526
State
Newcastle
Former Nurses Home
30 Pacific Street
Lot 100 DP 883220
Local
Newcastle
Former Victoria Theatre
8–10 Perkins Street
Lot 1 DP 1005699
State
Newcastle
Miss Chippendale’s School Room
45 Perkins Street
Lot 1 DP 1034041
Local
Newcastle
House
49 Perkins Street
Lot 1 DP 854928
Local
Newcastle
Former Superintendent’s Residence
88 Scott Street
Lot 3211 DP 722246
State
Newcastle
Former Coutts Sailor Home
88 Scott Street (facing Bond Street)
Lot 3211 DP 722246
State
Newcastle
Great Northern Hotel
89 Scott Street
Lot 100 DP 834251
State
Newcastle
Former Residence
90 Scott Street
Lot 1 DP 123946
Local
Newcastle
Convict Lumber Yard—Stockade Site
92 Scott Street
Pt Lot 2 DP 706760, Lot 3214 DP 729000
State
Newcastle
Station Master’s Residence
92 Scott Street
Pt Lot 2 DP 706760
Local
Newcastle
Former Station Master’s Residence
92 Scott Street
Pt Lot 2 DP 706760
State
Newcastle
Former Railway Pay Office
92 Scott Street (facing Bond Street)
Pt Lot 2 DP 706760
State
Newcastle
Newcastle Railway Station
110 Scott Street
Lot 8 DP 720672
State
Newcastle
Centennial Hotel
127 Scott and 114 Hunter Streets
Lots 1 and 2 DP 745997
Local
Newcastle
Air Force Club (Wood Chambers)
129 Scott Street
Lot 1 DP 996093
State
Newcastle
Rundles Buildings (Former R Hall & Sons)
161 Scott Street
SP 57218
Local
Newcastle
Former Beberfaulds Warehouse
175 Scott Street
SP 35541, SP 37388
Local
Newcastle
Shepherds Hill Group (includes residence, observation post and gun placement)
41 The Terrace
Lot 3116 DP 755247
State
Newcastle
Howard Smith Chambers
14 Watt Street
SP 16024
Local
Newcastle
Manufacturers House
35–37 Watt Street
Lot 1 DP 342578
State
Newcastle
St Phillips Church
48 Watt Street
Lot 38 DP 54152
Local
Newcastle
Watt Street Terrace
50 Watt Street
Lot 12 DP 24188
State
Newcastle
Watt Street Terrace
52 Watt Street
Lot 13 DP 24188
State
Newcastle
Watt Street Terrace
54 Watt Street
Lot 14 DP 24188
State
Newcastle
United Services Club
55 Watt Street
Lot 2 DP 609103
Local
Newcastle
Watt Street Terrace
56 Watt Street
Lot 15 DP 24188
State
Newcastle
Watt Street Terrace
58 Watt Street
Lot 16 DP 24188
State
Newcastle
Watt Street Terrace
60 Watt Street
Lot 17 DP 24188
State
Newcastle
Watt Street Terrace
62 Watt Street
Lot 18 DP 24188
State
Newcastle
Former Military Hospital
72 Watt Street
Pt DP 755247
State
Newcastle
Former Barracks
72 Watt Street
Pt DP 755247
State
Newcastle
Fletcher Monument
75 Watt Street
Ms 1135 Md
Local
Newcastle
Argyle House
311 Wharf Road
Lot 190 DP 541370
State
Newcastle
Retaining walls with sandstone steps
Wolfe Street
 
Local
Newcastle
Segenhoe (Residential units)
50 Wolfe Street
SP 19837
Local
Newcastle East
Nobbys Lighthouse, headland and breakwater
Nobbys Road
  
Newcastle East
Fort Scratchely group (Buildings and underground forts)
31 Nobbys Road
Lot 1 DP 407886
State
Newcastle East
Nobbys Beach Pavilion
35 Nobbys Road
Pt R 88721
Local
Newcastle East
Boatmans Terrace group (Residences)
36–66 Nobbys Road
Lot 1 DP 617504
Local
Newcastle East
Column from original Courthouse
Parnell Place
Pt N 137–844R
Local
Newcastle East
Coal Memorial
Parnell Place
Pt N 137–844R
Local
Newcastle East
The Retreat (Residence)
31 Parnell Place
Lot 4 DP 4296
Local
Newcastle East
The Carlton (Residential units)
19 Scott Street
SP 39163
Local
Newcastle East
Former Newcastle East Police Station
63 Scott Street
Lot 328 DP 758769
State
Newcastle East
Soldiers Baths
Shortland Esplanade
 
State
Newcastle East
Ocean Baths
30 Shortland Esplanade
Pt Ms 1133 Md
Local
Newcastle East
Stevenson Place Precinct (Terraces)
1–55 Stevenson Place
 
Local
Newcastle East
Former John Bull Warehouse
28 Stevenson Place
SP 48754
Local
Newcastle East
Former Earp Gillam Bond Store
16 Telford Street
SP 44807
State
Newcastle East
Tyrrell House (Facade only)
49 Telford Street
SP 20749
Local
Newcastle East
Stone Boat Harbour (Relic)
48 Wharf Road
Pt Lot 52 DP 791037
State
Newcastle West
Former City Bank
553–557 Hunter Street
Lots A and B DP 162398
Local
Newcastle West
Former CBC Bank
559 Hunter Street
Lot 941 DP 997920
Local
Newcastle West
Newcastle Technical College
590–608 Hunter Street
Lots 1 and 2 DP 852552
State
Newcastle West
Hunter Water Board Building
599 Hunter Street
Lot 1 DP 595677
Local
Newcastle West
Theatre Royale
669 Hunter Street
Lot 111 DP 75158
State
Newcastle West
Palais Royale
684 Hunter Street
Lot 11 DP 872463
Local
Newcastle West
Bellevue Hotel
738 Hunter Street
Lot 8 DP 1008628
Local
Newcastle West
Bank Corner (Former Bank of NSW)
744 Hunter Street
Lot 1 DP 75008, Lot 1 DP 196241
Local
Newcastle West
Regional Museum
787 Hunter Street
Lot 21 DP 774313
State
Newcastle West
St Josephs Convent and Sacred Heart Church and School
841 Hunter Street
Lot 2 DP 787816, Lot 1 DP 129569, Lots 38 and 39 DP 95306, Lot 1 DP 95139
Local
Newcastle West
Former Newcastle Co-operative Store
854 Hunter Street
Lot 1 DP 82517
Local
Newcastle West
Dairy Farmers Building
924 Hunter Street
Lot 2 DP 445736
Local
Newcastle West
Miss Porter’s Residence
434 King Street
Lot 441 DP 998073
State
Newcastle West
Army Drill Hall
498 King Street
Lot 1 DP 222839
Local
Newcastle West
Birdwood Park
502 King Street
Pt Lots 112–118 DP 95185
Local
Newcastle West
Hamilton College of TAFE
91 Parry Street
Lot 1 DP 584429
Local
Newcastle West
Former Gasworks Office
18 Steel Street
Lot 1 DP 797175
Local
North Lambton
Residence
288 Newcastle Road
Lot 181 DP 561160
Local
North Lambton
Residence
298 Newcastle Road
Lot 101 DP 587293
Local
North Lambton
Former Reservoir Hotel
330 Newcastle Road
Lot 28 Sec B DP 1700
Local
North Lambton
Former Red Lion Hotel
414 Newcastle Road
Lot 2 DP 405066
Local
North Lambton
Quarrymans Cottage
15 Percy Street
Lot 15 Sec C DP 96
Local
Sandgate
Sandgate Cemetery
108 Maitland Road
Pt DP 755247
Local
Sandgate
Sandgate Cemetery Railway Spur
108 Maitland Road
 
Local
Sandgate
Sandgate Cemetery Office
116 Maitland Road
Lot 2913 DP 755247
Local
Sandgate
2HD Studio
173 Maitland Road
Pt Lots 36 and 37 DP 37259, Lot 1 DP 783568, Lot 1 DP 997590
Local
Shortland
Uniting Church
272 Sandgate Road
Lot 100 DP 705646
Local
Stockton
St Pauls Anglican Church Group
2 Church Street
Pt Lot 1 DP 60307
Local
Stockton
Stockton Public School
10 Clyde Street
Lots 10 and 11 Sec 22 DP 753191, Lot 101 Sec 22 DP 192889, Lot 110 DP 821006
Local
Stockton
Mine Disaster Memorial
Cnr Clyde and Mitchell Streets
 
Local
Stockton
Former Sister Ogden’s Hospital
29 Crown Street
Lots 14 and 15 Sec A DP 6865
Local
Stockton
Stockton Horse Trough
Douglas Street
 
Local
Stockton
St Peter in Chains Hall
1–5 Dunbar Street
Lot 1 Sec S DP 984043, Lots 19–21 Sec B DP 6865
Local
Stockton
St Peter in Chains Presbytery
7 Dunbar Street
Lot 1 DP 840256
Local
Stockton
Stockton Centre
342 Fullerton Road
Lot 430 DP 835921
Local
Stockton
Former Locomotive Ash Pit
Fullerton Street
 
Local
Stockton
Prawners Slipway
Fullerton Street
 
Local
Stockton
Boat Harbour (Place)
Fullerton Street
 
Local
Stockton
The Laurels (Residence)
48 Fullerton Street
Lot 1 DP 731739
Local
Stockton
Former Callen Residence
118 Fullerton Street
Lot A DP 314946
Local
Stockton
Boatrowers Hotel
130A Fullerton Street
Lot 6 Sec 10 DP 192889
Local
Stockton
Copse of Acacia Karroo (trees)
201 Fullerton Street
Lot 1 DP 529611
Local
Stockton
The Ballast Ground (Place)
Fullerton Street and Wharf Crescent
 
Local
Stockton
Stockton Fire Station
36 Hereford Street
Lot 15 Sec 12 DP 753191
Local
Stockton
St Giles Presbyterian Church
91 Hereford Street
Lot 1 DP 1000364
Local
Stockton
Former St Paul’s Rectory
32 Maitland Street
Lot 1 DP 343745
Local
Stockton
General Washington Hotel
1 Mitchell Street
Lot 1 DP 82959, Lots 58 and 59 DP 753191
Local
Stockton
Former Savoy Picture Theatre
68 Mitchell Street
Lot 51 DP 617372
Local
Stockton
Beach Cafe
115 Mitchell Street
Lot 1 DP 949659
Local
Stockton
Residence
121–123 Mitchell Street
Lot 7 Sec 23 DP 192889
Local
Stockton
The John Slade Memorial Pavilion
124 Mitchell Street
R 79066
Local
Stockton
War Memorial
124 Mitchell Street
Closed Road—(R 79066)
Local
Stockton
Former Sister Brown’s Residence
139 Mitchell Street
Lot 1 DP 323545
Local
Stockton
Ocean View Flats
179 Mitchell Street
Lot 201 DP 614477
Local
Stockton
Former Police Station/Residence
1A Newcastle Street
Pt Lot 4 DP 213040
Local
Stockton
Wreck of Adolphe
Pitt Street
Off Breakwater
Local
Stockton
Residence
1 Queen Street
Lot 1 DP 799919
Local
Tarro
Tarro Substation
6A Anderson Drive
Lot 1 DP 701060
Local
Tarro
Our Lady of Lourdes Church
42 Anderson Drive
Pt Lot 59 DP 755205
Local
Tarro
Residence
29 Eastern Avenue
Lot 100 DP 849413
Local
Tarro
Tarro Community Hall
2A Northern Avenue
Lot 3 Sec F DP 13126
Local
Tarro
Pumping Station
3 Woodberry Road
Lot 2 DP 595526
Local
Tarro
Substation
3 Woodberry Road
Lot 2 DP 595526
Local
The Hill
Shalamah (Residence)
4 Barker Street
Lots 1 and 2 DP 195186
Local
The Hill
Jesmond House (Residence)
10 Barker street
Lots A and B DP 153708
Local
The Hill
Captain Allan’s House
19 Barker Street
Lot 343 DP 54152
Local
The Hill
St Ronans (Residence)
18 Bingle Street
Lot B DP 420523
State
The Hill
Bishopscourt (Residence)
34 Brown Street
Lot 102 DP 1020129
Local
The Hill
Newcastle East Public School
48 Brown Street
Lots 1–3 DP 794850
Local
The Hill
Newcastle Hill Reservoir
51 Brown Street
Lots 346 and 347 DP 758769, Lot 312 DP 54152, Lot 314 DP 54152
Local
The Hill
Marlborough House
49 Church Street
Lot 1 DP 819070
Local
The Hill
Woodlands (Residence)
51 Church Street
Lot 11 DP 634172
State
The Hill
Gate and Stairs
52 Church Street
Lot 1 DP 594939
Local
The Hill
Christchurch Cathedral
52A Church Street
Lot 3 DP 36886
State
The Hill
Lance Villa group terrace house
66 Church Street
Lot 61 DP 585966
Local
The Hill
Lance Villa group terrace house
68 Church Street
Lot 62 DP 585966
Local
The Hill
Lance Villa group terrace house
70 Church Street
Lot 161 DP 54152
Local
The Hill
Lance Villa group terrace house
72 Church Street
Lot 1 DP 770143
Local
The Hill
Lance Villa group terrace house
74 Church Street
Lot 611 DP 996843
Local
The Hill
Lance Villa group terrace house
76 Church Street
Lot 1 DP 852881
Local
The Hill
Lance Villa group terrace house
78 Church Street
Lot 1620 DP 817037
Local
The Hill
Minumbah (Residence)
88 Church Street
Lot 1 DP 743943
Local
The Hill
Cliff Towers (Residential units)
124 Church Street
SP 1533
Local
The Hill
The Boltons (Residence)
1 off Church Street
Lot 4 DP 37425
Local
The Hill
The Boltons (Residence)
2 off Church Street
Lot 5 DP 37425
Local
The Hill
The Boltons (Residence)
3 off Church Street
Lot 6 DP 37425
Local
The Hill
The Boltons (Residence)
4 off Church Street
Lot 7 DP 37425
Local
The Hill
Dr Richard Harris’ Residence
81 King Street
Lot 1 DP 63392
Local
The Hill
Cathedral Park and Cemetery
93 King Street
Lot 1 DP 36886
State
The Hill
Christchurch Parish Hall
60 Newcomen Street
Lot 1 DP 198891
State
The Hill
Newcastle Grammar School— Berkeley House Building
60 Newcomen Street
Lot 1 DP 198891
Local
The Hill
Newcastle Grammar School— Merrick House Building
60 Newcomen Street
Lot 1 DP 198891
Local
The Hill
King Edward Park Group (includes public reserve, drinking fountain and rotunda)
3 Ordnance Street
Pt DP 54152
State
The Hill
King Edward Park Group (Bogey Hole) Public Baths
3 Ordnance Street
Pt DP 54152
State
The Hill
Obelisk
3 Ordnance Street
Pt DP 54152
Local
The Hill
St Mary’s Star of Sea Church
54 Perkins Street
Lot 103 DP 713990
Local
The Hill
Residence
56 Perkins Street
Lot 104 DP 713990
Local
The Hill
House
58 Perkins Street
Lot 1 DP 996157
Local
The Hill
Terrace
60 Perkins Street
Lot 1 DP 712325
Local
The Hill
Terrace
62 Perkins Street
Lot 1 DP 731703
Local
The Hill
Terrace
64 Perkins Street
Lot 1 DP 783710
Local
The Hill
Three Storey House (also known as Corlette’s Cottage)
2 The Terrace
Lot 1 DP 198906
Local
The Hill
Terrace (Pacific House)
4 The Terrace
Pt Lots 14 and 15 Sec Q DP 978941
Local
The Hill
House
6 The Terrace
Lot B
Local
The Hill
Terrace
8 The Terrace
Pt Lot 13 Sec Q DP 978941
Local
The Hill
Terrace
10 The Terrace
Pt Lot 13 Sec Q DP 978941
Local
The Hill
Terrace
12 The Terrace
Lots 1 and 2 DP 193906
Local
The Hill
Terrace
14 The Terrace
Lot 1 DP 136805
Local
The Hill
Terrace
16 The Terrace
Lot 11 Sec Q DP 978941
Local
The Hill
Terrace
20 The Terrace
Lots 5 and 6 DP 732782
Local
The Hill
Terrace
22 The Terrace
Lot 1 DP 986478
Local
The Hill
Terrace
24 The Terrace
Lot 1 DP 198415
Local
The Hill
Terrace
26 The Terrace
Lot 8 DP 742527
Local
The Hill
Terrace
28 The Terrace
Lot 7 Sec Q DP 978941
Local
The Hill
Terrace
30 The Terrace
Lot 1 DP 198361
Local
The Hill
Terrace
32 The Terrace
Lot 100 DP 809379
Local
The Hill
Terrace
38 The Terrace
Lot 1 DP 112366
Local
The Hill
Terrace House (Hill House)
40 The Terrace
Lot 1 DP 735348
Local
The Hill
Hillside (Residence)
24 Tyrrell Street
Lot 1 DP 197834
Local
The Hill
Former Stables
8/60 Tyrrell Street
Lot 53 SP 69660
Local
The Hill
Beacon Tower (Landmark)
76 Tyrrell Street (cnr Brown and Tyrrell Streets)
Lot 102 DP 1020129
Local
The Junction
Brien Street Terraces
6–14 Brien Street
Lot 1 DP 741600, Lot 1 DP 799556, Lot 1 DP 996600, Lot 1 DP 743276, Lot 1 DP 798066
Local
The Junction
Farquhar Street Terraces
3–9 Farquhar Street
Pt Lot 9, Lot 1 DP 112625, Lot 1 DP 797573
Local
The Junction
Residence
26 Farquhar Street
Lot 80 DP 95001
Local
The Junction
Former Primitive Methodist Parsonage
28 Farquhar Street
Lot 81 DP 95001
Local
The Junction
Rowland Park War Memorial
77A Glebe Road
Lot 108 DP 95290
Local
The Junction
Rowland Park
77A Glebe Road
Lot 108 DP 95290
Local
The Junction
Rowland Park Fountain
77A Glebe Road
Lot 108 DP 95290
Local
The Junction
War Memorial
Kenrick Street
 
Local
The Junction
St Joseph’s Convent and School Group (incorporating St Thomas More Centre)
34 Kenrick Street
Pt Lot 38 and Lots 39, 40 and 43–50 Sec N DP 978941
Local
The Junction
The Junction Primary School
2 Watkins Street
Lots 1–8 DP 795234, Lot 1 DP 592431, Lot 1 DP 159535, Lot 1 DP 164214
Local
Tighes Hill
Tighes Hill School of Arts
15 Elizabeth Street
Lot 12 Sec E DP 230
Local
Tighes Hill
Tighes Hill Public School
33 Elizabeth Street
Lots 7–14 Sec F DP 61, Lot 1 DP 795035
Local
Tighes Hill
Former Police Lock-up
66 Elizabeth Street
Lots 4 and 5 Sec C DP 454
Local
Tighes Hill
Royal Oak Hotel
207 Maitland Road
Lot 1 DP 513115
Local
Tighes Hill
Tighes Hill TAFE College
266 Maitland Road
Lot 100 DP 1004331
Local
Tighes Hill
Immaculate Heart of Mary Church
16 Tighes Terrace
Lot 2 DP 578946
Local
Tighes Hill
Convent of Mercy
38 Union Street
Lots 29 and 30 DP 32507
Local
Wallsend
Federal Park
2 Boscawen Street
Ms 818 Md
Local
Wallsend
RM Evans Funeral Chapel
5 Bunn Street
Lot 1 DP 779152
Local
Wallsend
Clarens House
4 Campbell Street
Lot 1 DP 795472
Local
Wallsend
Clarke Street Cottages
32–34 Clarke Street
Lot 1 Sec E DP 799569, Lot 9 DP 977871
Local
Wallsend
Former School of Arts (Fellowship House)
69 Cowper Street
Lot 1 DP 709819
Local
Wallsend
Railway Goods Shed
76 Cowper Street
Lot 27 DP 598215
State
Wallsend
Terminus Hotel
77 Cowper Street
Lot 1 DP 75085
Local
Wallsend
Stables
81 Cowper Street
Lot 30 DP 625168
Local
Wallsend
Colliery Inn
87 Cowper Street
Lot 1 DP 76381
Local
Wallsend
Wallsend Fire Station
27 Devon Street
Lot 1 DP 78016
Local
Wallsend
Wallsend Precinct—Courthouse
18 Harris Street
Lot 1 DP 199628
Local
Wallsend
Former Grapes Inn
20 Kemp Street
Lot 52 DP 529189
Local
Wallsend
Wallsend Park
47 Lake Road
Pt Lot 1 DP 724075
Local
Wallsend
Woodlands House
100 Lake Road
Lot 1 DP 337878
Local
Wallsend
Wallsend Hospital Median Garden
Longworth Avenue
 
Local
Wallsend
Wallsend Drug and Alcohol Centre
10 Longworth Avenue
Lots C–F DP 312480, Lot 1 DP 315099
Local
Wallsend
Wallsend Hospital
10 Longworth Avenue
Lots C–F DP 312480, Lot 1 DP 315099
Local
Wallsend
Wallsend Masonic Hall
4 Metcalfe Street
Lot 1 DP 1037615
Local
Wallsend
Newcastle Muslim Association (Building)
6 Metcalfe Street
Lot 1 DP 795032
Local
Wallsend
St Lukes Anglican Church
22 Metcalfe Street
Lot 1 Sec 3 DP 29
Local
Wallsend
Wallsend Public School
67 Metcalfe Street
Lots 1–4 DP 122513, Lot 1 DP 122511, Lot 9 Sec 15 DP 29, Lots 11 14 Sec 15 DP 29, Lots 2 and 3 DP 529635, Lots 2 and 3 DP 533593
Local
Wallsend
Racecourse Hotel
11 Minmi Road
Lot 1 DP 76498
Local
Wallsend
Lemon Grove Hotel
112 Nelson Street
Lot 1 DP 87351
Local
Wallsend
St Andrews Presbyterian Church
144 Nelson Street
Pt Lot 6 Sec 16 DP 29
Local
Wallsend
Plattsburg Public School
2 Ranclaud Street
Lots 1 and 2 DP 794917
Local
Wallsend
Wallsend Precinct—Police Station
12 Tyrrell Street
Pt B DP 111245
Local
Wallsend
Wallsend Precinct—Post Office
14 Tyrrell Street
Lots 1–4 DP 724548
Local
Wallsend
Wallsend Precinct—Public Reserve (Wallsend Rotunda Park)
18 Tyrrell Street
Ms 497 Md
Local
Wallsend
Whitton Street Postal Pillar Box
Whitton Street
 
Local
Waratah
Waratah Police Station
96 Georgetown Road
Lot 180 DP 755247
Local
Waratah
Former Hanbury Public School group
98 Georgetown Road
Lot 58A DP 755247, Lot 3 DP 755247
Local
Waratah
Mereyulh (Residence)
38 High Street
Lot B DP 380948
Local
Waratah
Carclew (Residence)
25 Lambton Road
Lot 2 DP 339828
Local
Waratah
Corpus Christi Catholic Church
30 Lorna Street
Lots 1–4 Sec A DP 192666
Local
Waratah
Catholic Centre for Deaf Education
30 Lorna Street
Lots 1–18 Sec A DP 192666
Local
Waratah
Braeside (Residence)
37 Lorna Street
Lot 31 DP 96026
Local
Waratah
Cottage
21 Platt Street
Lot 4 DP 731746
Local
Waratah
Cottage
23 Platt Street
Lot 1 DP 136538
Local
Waratah
Waratah School of Arts
12 Station Street
Lot 252 DP 755247
Local
Waratah
Town Hall Hotel
29 Station Street
Lot 11 DP 735547
Local
Waratah
Cottage
92 Station Street
Lot A DP 155095
Local
Waratah
Former Waratah Post Office
22 Turton Road
Lot 1 DP 773179
Local
Waratah
Waratah Technology High School
26 Turton Road
Lot 2694 DP 755247, Lot 2717 DP 755247, Lot 3179 DP 755247
Local
Waratah
Former Western Suburbs Hospital
149 Turton Road
Lot 3 DP 852177
Local
Waratah
Remnant Plantings
149 Turton Road
Lot 3 DP 852177
Local
Waratah
Waratah Park and Station Street Palms
2A Young Street
Lot 3189 DP 44990
Local
Wickham
Former Wickham Town Hall
12 Albert Street
Lot 2 DP 538523
Local
Wickham
Former Council Chambers
18A Albert Street
Lot 3175 DP 755247
Local
Wickham
Hawkins Oval
22 Albert Street
Ms 4983 Md, Pt Lot 152 DP 755247, Pt Lot 166 DP 755247
Local
Wickham
Hawkins Oval Memorial
22 Albert Street
Ms 4983 Md, Pt Lot 152 DP 755247
Local
Wickham
Former Police Lock-up
25 Albert Street
Lot 12 DP 1005516
Local
Wickham
Former New Zealand Loan Co Wool Store
2/33 Annie Street
Lot 3 DP 346352
Local
Wickham
Dalgety Warehouse
49 Annie Street
Lot 2 DP 346352
Local
Wickham
Elders Warehouse
57 Annie Street
Lot 1 DP 346352
Local
Wickham
R A Ritchie & Sons & Hudson Bros Engineering (Former industrial site)
20 Greenway Street
SP 31620
Local
Wickham
Wickham Railway Station
Hannell Street
Railway land
Local
Wickham
Signal Box—Wickham
Hannell Street
Railway land
Local
Wickham
Former School of Arts
22A Hannell Street
Lot 1 DP 1009228
Local
Wickham
Wickham Public School
54 Hannell Street
Lot 1 DP 850430
Local
Wickham
Former Infants School
64 Hannell Street
Lot 3203 DP 723289
Local
Wickham
Albion Hotel
72 Hannell Street
Lot 1 DP 76135
Local
Wickham
Stella Maris Seamans Mission
102 Hannell Street
Lot A DP 386601
Local
Wickham
The Salvation Army Men’s Hostel
116–120 Hannell Street
Lot 1 DP 217399, Lot 1 DP 90935
Local
Wickham
Lass O’Gowrie Hotel
14 Railway Street
Lot 1 DP 774645
Local
Part 2 Heritage conservation areas
Description
Identification on Zoning Map
Cooks Hill
Shown by a heavy black broken line and marked “Cooks Hill Heritage Conservation Area”
Hamilton Business Centre
Shown by a heavy black broken line and marked “Hamilton Business Centre Heritage Conservation Area”
Hamilton South “Garden Suburb”
Shown by a heavy black broken line and marked “Hamilton South ‘Garden Suburb’ Heritage Conservation Area”
Newcastle City Centre
Shown by a heavy black broken line and marked” Newcastle City Centre Heritage Conservation Area”
Newcastle East
Shown by a heavy black broken line and marked “Newcastle East Heritage Conservation Area”
The Hill
Shown by a heavy black broken line and marked “The Hill Heritage Conservation Area”
sch 6: Am 2004 No 91, Sch 2.57; 2009 (136), Sch 1 [34]; 2010 (178), Sch 1 [3] [4].
Schedule 7 Central Honeysuckle public domain concept plan
(Clause 35 (1))
Schedule 8 Development for certain additional purposes
(Clause 26A)
Lot 5, DP 654265, known as 138 Lake Road, Elermore Vale, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 2)
Seniors housing (within the meaning of State Environmental Planning Policy (Seniors Living) 2004), comprising a residential care facility with a maximum capacity of 120 beds, subject to the following conditions:
(a)  compliance with State Environmental Planning Policy (Seniors Living) 2004 as if that policy (clause 4 excepted) applied to the land,
(b)  the making of a development application to the Council within 5 years after the date of gazettal of Newcastle Local Environmental Plan 2003 (Amendment No 2),
(c)  an appropriate Asset Protection Zone (APZ), as determined by the NSW Rural Fire Service, to be provided wholly within the boundaries of the land.
Lot 101, DP 1041014, known as 178 Lake Road, Elermore Vale, as shown edged heavy black on the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 3)
Seniors housing (within the meaning of State Environmental Planning Policy (Seniors Living) 2004), comprising a maximum of 255 self-contained dwellings, subject to the following conditions:
(a)  compliance with State Environmental Planning Policy (Seniors Living) 2004 as if that policy (clause 4 excepted) applied to the land,
(b)  the making of a development application to the Council within 5 years after the date of gazettal of Newcastle Local Environmental Plan 2003 (Amendment No 3),
(c)  an appropriate Asset Protection Zone (APZ), as determined by the NSW Rural Fire Service, to be provided wholly within the boundaries of the land.
Lot 21, DP 828226, 41 Minmi Road, Wallsend
Automotive services and restaurant, with a total gross floor area not exceeding 1,200m2.
So much of Lot 1, DP 198543, Lot 13, DP 1046106 and Lot 1, DP 736463, and known as part of 115–119 Denison Street, Hamilton, as is shown edged heavy black on Sheet 4 of the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 6)” and that does not extend more than 30 metres from the southern boundary of each of those lots
Car parking.
Part Lot 2, DP 1129904, known as 35 Eastern Avenue, Tarro, as shown edged heavy black on Sheet 1 of the map marked “Newcastle Local Environmental Plan 2003 (Amendment No 9)
Camping ground or caravan park.
sch 8: Ins 2005 (573), Sch 1 [2]. Am 2005 (872), Sch 1; 2009 (410), Sch 1 [2]; 2010 (178), Sch 1 [5].