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Contents (2012 - 255)
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Newcastle Local Environmental Plan 2012
Current version for 15 January 2020 to date (accessed 20 February 2020 at 10:13)
Part 7
Part 7 Additional local provisions—Newcastle City Centre
7.1   Objectives of Part
The objectives of this Part are as follows—
(a)  to promote the economic revitalisation of Newcastle City Centre,
(b)  to strengthen the regional position of Newcastle City Centre as a multi-functional and innovative centre that encourages employment and economic growth,
(c)  to protect and enhance the positive characteristics, vitality, identity, diversity and sustainability of Newcastle City Centre, and the quality of life of its local population,
(d)  to promote the employment, residential, recreational and tourism opportunities in Newcastle City Centre,
(e)  to facilitate the development of building design excellence appropriate to a regional city,
(f)  to encourage responsible management, development and conservation of natural and man-made resources and to ensure that Newcastle City Centre achieves sustainable social, economic and environmental outcomes,
(g)  to protect and enhance the environmentally sensitive areas and natural and cultural heritage of Newcastle City Centre for the benefit of present and future generations,
(h)  to help create a mixed use place, with activity during the day and throughout the evening, so Newcastle City Centre is safe, attractive, inclusive and efficient for its local population and visitors alike.
7.2   Land to which this Part applies
(1)  This Part applies to land in Newcastle City Centre.
(2)  A provision in this Part prevails over any other provision of this Plan to the extent of any inconsistency.
7.3   Minimum building street frontage
(1)  A building erected on land in Zone B3 Commercial Core must have at least one street frontage of at least 20 metres.
(2)  Despite subclause (1), the consent authority may grant development consent to the erection of a building that does not comply with that subclause if the consent authority is of the opinion that—
(a)  due to the physical constraints of the site, it is not physically possible for the building to have at least one street frontage of at least 20 metres, and
(b)  the erection of the building is consistent with the other relevant provisions of this Plan.
(3)  Nothing in this clause restricts the operation of clause 4.6.
7.4   Building separation
(1)  A building on land to which this Part applies must be erected so that the distance from the building to any other building is not less than 24 metres at 45 metres or higher above ground level.
(2)  For the purposes of this clause, a separate tower or other raised part of the same building is taken to be a separate building.
7.5   Design excellence
(1)  This clause applies to the following development on land to which this clause applies.
(a)  the erection of a new building, or
(b)  additions or external alterations to an existing building that, in the opinion of the consent authority, are significant.
(2)  Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.
(3)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development detrimentally impacts on view corridors identified in the Newcastle City Development Control Plan 2012,
(d)  how the development addresses the following matters—
(i)  heritage issues and streetscape constraints,
(ii)  the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(iii)  bulk, massing and modulation of buildings,
(iv)  street frontage heights,
(v)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(vi)  the achievement of the principles of ecologically sustainable development,
(vii)  pedestrian, cycle, vehicular and service access, circulation and requirements,
(viii)  the impact on, and any proposed improvements to, the public domain.
(4)  Development consent must not be granted to the following development to which this Plan applies unless an architectural design competition has been held in relation to the proposed development—
(a)  development for which an architectural design competition is required as part of a concept plan approved by the Minister for a transitional Part 3A project,
(b)  development in respect of a building that is, or will be, higher than 48 metres in height,
(c)  development having a capital value of more than $5,000,000 on a site identified as a “Key Site” and shown edged heavy black and distinctively coloured on the Key Sites Map,
(d)  development for which the applicant has chosen to have such a competition.
(5)  Subclause (4) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.
(6)  The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of not more than 10% greater than that allowed by clause 7.10 or a height of not more than 10% greater than that allowed by clause 4.3, but only if the design of the building or alteration has been reviewed by a design review panel.
(7)  In this clause—
architectural design competition means a competitive process conducted in accordance with procedures approved by the Director-General from time to time.
design review panel means a panel of 2 or more persons established by the consent authority for the purposes of this clause.
7.6   Active street frontages in Zone B3 Commercial Core
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along street frontages in Zone B3 Commercial Core.
(2)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land in Zone B3 Commercial Core unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(3)  Despite subclause (2), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicle access.
(4)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
7.7, 7.8   (Repealed)
7.9   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to allow sunlight access to key areas of the public domain by ensuring that further overshadowing of certain parks and community places is avoided or limited during nominated times,
(b)  to ensure that the built form of Newcastle City Centre develops in a coordinated and cohesive manner,
(c)  to ensure that taller buildings are appropriately located,
(d)  to nominate heights that will provide a transition in built form and land use intensity in Newcastle City Centre,
(e)  to ensure the preservation of view corridors that are significant for historic and urban design reasons.
(2)  The height of a building on land identified as “Area A” on the Height of Buildings Map must not exceed a height that is 22 metres above ground level (existing) at the boundary of the road frontage of that land on any part of that land that is within 20 metres of the boundary of the road frontage.
(3)  The height of a building on land identified as “Area B” on the Height of Buildings Map must not exceed—
(a)  on any part of that land that is within 20 metres of the boundary of the road frontage of that land—22 metres above ground level (existing) at the boundary of the road frontage of that land, and
(b)  on any part of that land that is more than 20 metres from the boundary of the road frontage of that land, but not more than 45 metres from that frontage—35 metres above ground level (existing) at the boundary of the road frontage of that land.
(4)    (Repealed)
7.10   Floor space ratio for certain development in Area A
(1)  This clause applies to land in “Area A” as shown on the Floor Space Ratio Map.
(2)  The maximum floor space ratio for a building other than a commercial building on land with a site area of 1,500 square metres or more is as follows—
(a)  where the Floor Space Ratio Map identifies a maximum floor space ratio of 6:1 (or greater)—5:1,
(b)  where the Floor Space Ratio Map identifies a maximum floor space ratio of 5:1—4:1,
(c)  where the Floor Space Ratio Map identifies a maximum floor space ratio of 4:1—3:1.
(3)  In this clause—
commercial building means a building used wholly for either or both of the following purposes—
(a)  commercial premises,
(b)  tourist and visitor accommodation that is not subdivided under a strata scheme.
7.10A   Floor space ratio for certain other development
The maximum floor space ratio for a building that is located on land with a site area of less than 1,500 square metres is whichever is the lesser of—
(a)  the floor space ratio identified on the Floor Space Ratio Map, or
(b)  3:1.