Development category

Application requirements

Explanatory notes

All strata subdivision development applications (DA)  

The following information is to be submitted as part of any application proposing a strata subdivision:  

1. site plan including boundary dimensions, lot size, north point and scale bar, location of existing buildings etc
2. floor plans consistent with approved development on site
3. identification of each lot/part lot
4. common property areas
5. areas allocated for car parking nominated including accessible and visitor spaces.

Discretion will be used regarding the extent of information required for each site analysis (eg a simple two lot subdivision would not necessarily require the same level of detail as a major subdivision development). However, a simple two lot subdivision on land with a watercourse and/or high flood risk will have more requirements than a site without these constraints.

All Torrens title subdivisions of approved residential developments 

A site analysis is submitted to the level of detail required to assess the potential impacts associated with the nature, type and scale of the development and its surroundings, and is to include: 

1. boundary dimensions and lot size
2. proposed lots, lot identifications, north point and scale bar, any easements, service connections etc
3. existing and/or proposed buildings and structures and associated offsets from adjacent boundaries
4. existing and/or approved stormwater systems, drainage easements and waterways
5. existing and/or approved vehicle access and car parking.

All Torrens title subdivisions creating vacant lots (up to three lots)

A site analysis is submitted to the level of detail required to assess the potential impacts associated with the nature, type and scale of the development and its surroundings, and is to include:  

1. boundary dimensions and lot size
2. proposed lots, lot identifications, north point and scale bar, easements, service connections etc
3. existing and/or proposed buildings and structures
4. existing and/or approved stormwater systems, drainage easements and waterways
5. existing and/or approved vehicle access and car parking
6. existing landscaping, vegetation, and all trees on or within 5 metres of any developable portion of the site
7. where dwellings are retained – it is to be illustrated on the plan and in the supporting statement of environmental effects how the subject lot complies with the provisions of Section D2 Single dwelling and ancillary development
8. where proposed lots are irregular in shape and dimension, up to two conceptual house designs that would be easily achieved within the resultant lot(s) may be requested. 

Other items that may be required in addition to the above, include: 

1. hazards which are likely to impact upon the development and intended outcomes such as bush fire, coastal hazards and inundation, flood prone land, floodways, stormwater surface flowpaths, mine subsidence, mine drainage, slope stability etc
2. context of surrounding development such as height and use of buildings, setbacks and subdivision layout, character of the area, boundary treatments
3. the likely impact on development within and on surrounding sites
4. topographical features such as slope, opportunities for the retention and creation of views and vistas
5. site geology, acid sulfate soils and contamination
6. existing heritage or archaeological features
7. vegetation, habitat, flora, fauna, biodiversity values of vegetation and trees on or adjacent to the site
8. opportunities to orientate buildings and private open spaces having regard to solar access, winds and views. 

All Torrens title subdivisions creating vacant lots (more than three vacant lots)

A site analysis is submitted to the level of detail required to assess the potential impacts associated with the nature, type and scale of the development and its surroundings, and is to include: 

1. boundary dimensions and lot size
2. proposed lots, lot identifications, north point and scale bar, easements, service connections etc
3. existing and/or proposed buildings and structures
4. existing and/or approved stormwater systems, drainage easements and waterways
5. existing and/or approved vehicle access and car parking
6. existing landscaping, vegetation, and all trees on or within 5 metres of any developable portion of the site
7. where dwellings are retained – it is to be illustrated on the plan and in the supporting statement of environmental effects how the subject lot complies with the provisions of Section D2 Single Dwellings and ancillary development
8. where proposed lots are irregular in shape and dimension, it may be requested to see up to two house designs that would be easily achieved within the resultant lot(s). 

Other items may be required in addition to the above, include:

1. hazards which are likely to impact upon the development and intended outcomes such as bush fire, coastal hazards and inundation, flood prone land, floodways, stormwater surface flowpaths, mine subsidence, slope stability etc
2. context of surrounding development such as height and use of buildings, setbacks and subdivision layout, character of the area, boundary treatments
3. the likely impact on development within and on surrounding sites 
4. topographical features such as slope, opportunities for the retention and creation of views and vistas
5. catchment, hydrology and water cycle context. Existing impervious area, infiltration potential, groundwater issues, and overland flowpaths, watercourses, waterbodies on or adjacent to the site
6. site geology, acid sulfate soils and contamination
7. existing heritage or archaeological features
8. public and active transport infrastructure such as transport stations or stops, shelters, footpaths and cycleways, connections to existing or planned developed lands adjacent the site
9. location, conditions and capacity of utility services such as power, sewer, water; surrounding transport network and services
10. vegetation, habitat, flora, fauna, biodiversity values of vegetation and trees on or adjacent to the site
11. location, size, capacity and condition of upstream and downstream stormwater systems and waterways
12. opportunities to orientate buildings and private open spaces having regard to solar access, winds and views.

All community title subdivision DAs

In addition to the submission requirements for a Torrens title subdivision, a community title subdivision is to be accompanied by the following documents: 

1. a subdivision plan which shows the proposed individual lots and proposed "association property" lots (including any private roads, common open space, recreations facilities etc) as well as any necessary easements / restrictions.
2. a draft management statement and a draft development contract (if required) in accordance with the relevant legislative provisions. 
3. a proposed vegetation management plan for retained native vegetation and riparian corridors on the site.

The relevant legislative provisions can be found in the Community Land Development Act 1989 and Community Land Management Act 1989, as amended. 

If development consent is ultimately granted to the community title subdivision, the final Management Statement and final Development Contract will be required to be lodged with the final plan of subdivision as part of the subdivision certificate application.

All Strata, Torrens title and Community title subdivisions located on land which is a heritage item and/or in a heritage conservation area or located on land in the vicinity of a heritage item and/or heritage conservation area.

A heritage impact statement is submitted to the level of detail required to assess the potential impact of the proposed subdivision on the heritage significance of the heritage item and/or the heritage conservation area, and how any impact arising from the changes will be mitigated.

This statement is to conform to the standards in the Environment and Heritage Group of the NSW Department of Planning and Environment publications. The heritage impact statement must address:

1. the heritage significance of the heritage item and/or the heritage conservation area located on the land, or in the vicinity of the land of the proposed subdivision, and the contribution any place, building, work, relic, or tree affected by the proposed subdivision makes to that significance
2. the impact that the proposed subdivision would have on the heritage significance of the heritage item and/or the heritage conservation area, and its setting, including whether any landscape or horticultural features would be affected by the proposed subdivision
3. the measures proposed to conserve the significance of the heritage item and/or the heritage conservation area, and its setting, including protection of significant views
4. whether any aboriginal cultural heritage or potential aboriginal cultural heritage would be affected by the proposed subdivision
5. whether any archaeological site or potential archaeological site would be affected by the proposed subdivision
6. the extent to which the carrying out of the proposed subdivision would affect the form of any historic subdivision pattern
7. an addendum to the statement to address the issues raised by any submission received in relation to the proposed subdivision in response to the notification or advertising of the application.

The statement should clearly identify and explain the extent of the proposed subdivision works and reference all DA drawings.

The statement should include options considered for the proposal and documented reasons for choosing the preferred option. These should include proposals to minimise the impact of the subdivision on the heritage significance of the heritage item and/or heritage conservation area.

Provide three-dimensional building envelopes for future built form to each lot proposed.

The inclusion of supplementary consultants’ reports, for example a preliminary archaeological assessment report, Interpretation strategy report or Aboriginal cultural heritage assessment report, may be required if further detailed assessment is necessary and relevant to the application.

The length of the heritage impact statement will vary depending on the scale and complexity of the proposal. As such:

1. a brief one or two page account included as a section within the statement of environmental effects may be sufficient for minor subdivision proposals that will have little impact on the heritage significance of the heritage item and/or the heritage conservation area 
2. a more extensive report would be required for more complex proposals or those that will have a major impact on the heritage significance of the heritage item and/or heritage conservation area. 

A heritage impact statement should perform the following four main functions:

• assess and clearly state the heritage significance of the place
• state the nature and extent of the proposed development
• consider and clearly state the impacts of the proposal on the significance of the place
• make recommendations on ways of reducing or mitigating the impacts of the proposal.

Environment and Heritage Group of the NSW Department of Planning and Environment publications include Guidelines for Preparing a Statement of Heritage Impact, 2023 and Assessing Heritage Significance, 2023, and The Principles and processes of the Burra Charter, 2013.

'Vicinity of' means development on land located adjacent to a heritage item or the boundary of a heritage conservation area, or development on land that would affect the heritage significance or setting, including significant views, of a nearby heritage item or heritage conservation area.

Subdivision applications for land containing heritage items should be accompanied by adequate plans showing existing contours or levels, buildings, works, trees, and site features (e.g. dams), future building envelopes and the siting and setbacks of any proposed buildings. The heritage impact statement should demonstrate that the:

• proposed curtilage allowed around the heritage item is appropriate
• subdivision will not compromise the significance of the heritage item

Refer to Section E1 Built and landscape heritage and Section E2 Heritage conservation areas.

Refer to Section B4 Aboriginal cultural heritage and Section B5 Historical archaeology.

Subdivision within Summerhill Waste Management Centre Buffer areas

Subdivision within Summerhill Waste Management Centre Buffer areas may require additional assessments to support the application including noise, odour and/or visual impact assessment. 

Discretion will be used regarding the extent of information required.

Controls (C)

Explanatory notes

C-1. Road and lot layouts are generally grid patterns and do not rely on cul-de-sacs

C-2. Lots are designed to address existing and proposed public open space.

C-3. A range and mix of lot sizes are produced that:

1. are generally rectangular in shape
2. provide for a diversity of lot sizes to support diversity in housing choice
3. use land efficiently
4. respond to and protect natural and cultural heritage features
5. provide for adequate vehicular access that connects to a public road
6. allow sufficient street frontage for waste collection
7. mitigate hazard impacts through proposed open space networks, corridors and buffers; structures or other necessary measure
8. result in a lot layout that facilitates energy efficiency building siting and design
9. allow for erection of dwelling/s that present a building fronting to the street.

Refer to Section E1 Built and landscape heritage and E2 Heritage conservation areas.

C-4. Lot sizes and dimensions provide for:

1. rectangular lots
2. a minimum frontage of 12m
3. space for parking and manoeuvring of vehicles
4. space for private recreation and landscaping
5. an adequate area for a dwelling to be constructed on land which is not greater than 25% slope, and that vehicular access to the dwelling can be provided at a grade of not greater than 25 %
6. lots on land with slope of greater than 20% that are at least 1,000 m² in size.

On steeper land, larger lots should be considered to reduce the visual effects associated with excessive cut and fill on small sites.

C-5. Where an application for subdivision proposes to subdivide land which contains:

1. an existing dwelling, dual occupancy, semi-detached dwelling, attached dwelling, multi dwelling housing or residential flat building, or
2. the land has consent; or consent is being sought for the erection of a dwelling, dual occupancy, semi-detached dwelling, attached dwelling, multi dwelling housing or residential flat building.

It must be demonstrated that each dwelling on each proposed lot will comply with Section D2 Single dwelling and ancillary development or Section D3 Residential development.

C-6. Subdivision in an urban release area or new residential site achieves a range of lot sizes to support higher yields closer to 40 dwellings per hectare near open space, retail, commercial, community, recreation facilities and public transport.

City of Newcastle (CN) is a metropolitan city that provides for the daily and weekly needs of residents within a 15 minute neighbourhood through public and active transport means. CN is therefore at a minimum an inner suburban context area as an outcome of the Hunter Regional Plan 2041.

C-7. Address conflict between land uses with buffer areas incorporated into the subdivision design.

C-8. Intensification of lots is not permitted on land located seaward of the 2120 Zone of Reduced Foundation Capacity (ZRFC) coastal hazard line.

Refer to CN's Stockton Coastal Management Program for 2120 coastal hazard line.

C-9. Fan shaped lots have a minimum frontage of 9m and a minimum width of 15m measured at 6m from street alignment.

The criteria specified applies to applications proposing subdivision only and is not applicable to the subdivision associated with residential accommodation.

C-10. Roof and gutter systems are graded with each lot draining independently. If an approved development has other stormwater management systems, such as a detention tank, appropriate easements are established to preserve the owner's legal rights and to ensure maintenance obligations are clearly defined.

C-11. The endorsement of a subdivision certificate for subdivision in conjunction with residential development will generally not be released prior to lock up stage of the associated development.

C-12. All streets associated with the subdivision of land are designed to include footpaths that link to existing footpaths, road crossings, parks and public transport facilities.

All footpaths are to be designed in accordance with CN's Standard Drawings.

Controls (C)

Explanatory notes

C-1. Lots have a minimum frontage of 25m except in Steel River as provided by C-2.

C-2. Within 'Steel River' lots have a minimum frontage of 60m with no direct access from Industrial Drive, Tourle Street or Pacific Highway as indicated below on Figure D1.01.

See Section D5 Industrial and State Environmental Planning Policy (Transport and Infrastructure) 2021 for further controls in Steel River.

C-3. Lots are rectangular in shape.

C-4. Lots are designed to address existing and proposed public open space.

C-5. Industrial subdivision provides lots that:

1. are of a size that facilitates a variety of industrial and industry compatible land uses
2. are not subdivided or otherwise fragmented into unviable lot sizes.

C-6. The subdivision design allows for PBS (Performance Based Standards – National Heavy Vehicle Regulator) Level 3 vehicles up to 36.5m in length to access the subdivision unless the existing connecting road network is unable to support that vehicle class (subject to NHVR and Transport for NSW approval).

PBS Level 3 vehicles are more efficient freight transportation vehicles than semi-trailers and B-Double trucks and are to be adopted as the design vehicle unless otherwise constrained.

C-7. Lot size allows trucks to manoeuvre on-site without reversing onto or off the lot.

C-8. Road and lot layouts are generally grid patterns and do not rely on cul-de-sacs.

C-9. Lots are adequately buffered to protect the amenity of sensitive land uses.

Sensitive land uses include, but are not limited to residential development, seniors housing, schools, hospitals, child care facilities, recreation areas, place of worship, community facilities.

C-10. All streets are designed to include footpaths that link to existing footpaths, road crossings, parks and public transport facilities.

All footpaths are to be designed in accordance with CN's Standard Drawings. 

Controls (C)

Explanatory notes

The following controls apply only to subdivisions in residential zones

C-1. Unless site constraints dictate, subdivision layouts are configured such that:  

1. the north-south direction is within 20° west and 30° east of north
2. the east-west direction is within 30° south and 20°north of east.

See Figure D1.02 below for preferred lot arrangement.

C-2. Lot orientation results in living areas and private open space of any dwelling or future dwelling being oriented to the north and dwellings positioned to avoid or minimise possible overshadowing of existing or future adjoining buildings. Where site conditions, such as slope, could constrain future development, lot sizes are increased.

Plans may be required showing potential building footprint and open space for constrained sites to ensure that relevant solar access requirements can be achieved. 

Controls (C)

Explanatory notes

C-1. Subdivision for residential and other sensitive uses should not be within 1000m of approved putrescible landfill cells at the Summerhill Waste Management Centre, unless designed to avoid adverse odour, noise, and visual impacts refer to Figure D1.03.

Appropriate buffer distance must be maintained between the landfill and sensitive land uses (receptors) to protect those receptors from impacts. Impacts might constitute discharge from the site of potentially explosive landfill gas, offensive odours, noise, litter and dust. 

C-2. Subdivision for residential and other sensitive uses should not be within 500m of approved non-putrescible landfill cells at the Summerhill Waste Management Centre, unless designed to avoid adverse odour, noise, and visual impacts refer to Figure D1.03.

C-3. Subdivision of land for non-residential purposes should not be within 500m of approved putrescible landfill cells at the Summerhill Waste Management Centre, unless designed to avoid adverse odour, noise, and visual impacts refer to Figure D1.04.

Controls (C)

Acceptable solutions (AS)

Explanatory notes

C-1. Essential services are provided to each lot, including the delivery of:

1. potable water
2. electricity
3. communications including broadband
4. the sustainable management of sewerage
5. waste collection.

Early consultation with CN's Waste Services team is encouraged to guarantee satisfactory waste service arrangements can be accommodated within the subdivision design.

On-site disposal of sewerage will only be considered when connection to Hunter Water Corporation mains is not feasible.

C-2. Use Ausgrid Style 2 standard light poles (galvanised), as amended/ updated/ renamed. If a developer proposes a more decorative style of light pole, a non-refundable payment may be required, at the rate of the unit cost for one pole and luminaire for each 10 units or part thereof.

C-3. All utility services are provided underground.

AS-1. Where overhead electricity wiring exists in established areas this standard may be varied to provide for reasonable connection to the existing system.

For services installation, refer to the Model Agreement for Local Councils and Utility/Service Providers and the Guide to Codes & Practices for Streets Opening.

Copies of detailed construction plans, approved by the respective utility provider, submitted before a Construction Certificate is issued for subdivision work.

C-4. The location of utility services does not adversely affect the viability of significant vegetation and waterways.

AS-1. Utility services are co-located within road reserves.

AS-2. Waterway crossings are minimised.

AS-3. Locate utilities to avoid habitat fragmentation and imposing vegetation maintenance on adjacent native vegetation and trees.

C-5. Maintain adequate buffers between utility services and houses to protect residential amenity and health.

Controls (C)

Explanatory notes

C-1. Vehicle access, where shared between proposed lots, incorporates appropriate right of carriageway to ensure a clear legal standing. The right of carriageway includes any turning areas and visitor parking bays where appropriate.

C-2. Access handles do not support more than two lots.

C-3. The minimum width of the access handle for a domestic battleaxe lot is 3m.

C-4. The minimum width of an access handle in a new residential site is 4m.

C-5. An access handle for a residential battle-axe subdivision complies with AS2890.1 including not exceeding a maximum gradient of 25%.

C-6. An access handle for a commercial or industrial battleaxe subdivision complies with AS2890.2.

C-7. Access handles of a battleaxe allotment are not a dominating independent or cumulative feature within the streetscape.

C-8. Access handles of battle-axe lots ensure vehicles enter and leave the site in a forward direction.

C-9. Battleaxe subdivision design provides for satisfactory provisions for Fire and Rescue NSW appliance access and water supply.

Refer to Fire and Rescue NSW publication 'Access for fire brigade vehicles and firefighters.' 

C-10. Battleaxe subdivisions that have frontage to a laneway provide satisfactory vehicular and pedestrian access; waste collection; addressing and mail delivery.

Refer to Section C11 - Development adjoining laneways.

C-11. The maximum length of the access handle for a battleaxe lot is 50m. Provide passing bays in accordance with Australian Standards.

C-12. The pavement within the access handle and associated drainage (in accordance with Section C2 Movement Networks) is constructed from the road to the usable part of the lot prior to release of the subdivision certificate.

Controls (C)

C-1. Communal open areas are designed to meet user needs and determined by:

1. overall housing density
2. non-discriminatory access and use
3. the quality and extent of alternative, proximate open space.

C-2. Appropriate vehicular access is provided having regard to the road hierarchy of the proposed movement network.

C-3. Essential services with separate meters are provided to all proposed lots, including common areas where necessary.

C-4. Where community title is proposed that includes environmental lands or riparian zones:

1. the location, configuration and area should support biodiversity conservation or riparian corridors
2. a vegetation management plan or similar document must be submitted for approval, which demonstrates how the land will be managed and monitored to ensure biodiversity and riparian corridor values and services of the land are maintained and enhanced
3. the documentation must demonstrate sufficient resourcing is available to implement these management plans into the future.

Controls (C)

Explanatory notes

The following controls apply only to subdivisions in residential zones

C-1. Where development is proposed to cross lot boundaries, consolidation of the subject lots will be required.

Plans may be required showing potential building footprint and open space for constrained sites to ensure that relevant solar access requirements can be achieved. 

Controls (C)

Explanatory notes

1. All construction works associated with the subdivision are carried out in accordance with CN's adopted Engineering Specifications for Development Design and Construction.

Refer to CN's Subdivision, Stormwater and Urban Forest Technical Manual/s, as amended.

Controls (C)

Explanatory notes

C-1. Bonding for completion of minor works to allow the issuing of the subdivision certificate is only accepted where it is demonstrated such works are not required to service proposed lots that may be transferred into private ownership.

Bonds must be either cash or guarantee by a recognised financial institution.

C-2. Bonding of work to be completed on land that will continue to be privately owned after subdivision is generally not supported.

C-3. Bonds may also be associated with defect liability periods or on-going maintenance works.

Control (C)

Acceptable solutions (AS)

Explanatory notes

C-1. The resultant allotment and building spacing (e.g. frontage widths, side and front boundary setbacks) maintain the fine grain pattern of development and rhythm of buildings in the streetscape or heritage conservation area.

Subdivision applications for land containing heritage items or for land in the vicinity of heritage items require adequate plans showing existing contours or levels, buildings, works, trees, and site features (e.g. dams), future building envelopes and the siting and setbacks of any proposed buildings.  The heritage impact statement should demonstrate satisfaction that the:

• proposed curtilage around the heritage item is appropriate, and
• subdivision will not compromise the heritage item's significance

Refer to Section E1 Built and Landscape Heritage and E2 Heritage conservation areas.

C-2. Retain significant features such as buildings, archaeological sites, and outbuildings that contribute to the heritage significance of the item or the pattern of development in the heritage conservation area.

C-3. Subdivision and consolidation of land in a heritage conservation area conserve the significant features of the precinct, the streetscape character and setting of contributory buildings.

AS-1. Vistas and views of heritage items, especially the principal elevations of buildings are not interrupted or obscured.

AS-2. Future development does not visually disrupt the setting and impact on the presentation of the heritage item or contributory building in a heritage conservation area.

C-4. Subdivision and consolidation of land involving a heritage item or property in a heritage conservation area allow for the original pattern of the subdivision to be interpreted in any development proposal.

C-5. Retain the landscape quality of the streetscape or natural landscape in heritage conservation areas, the setting of the heritage item, and a satisfactory curtilage, including important landscape and garden elements such as any original garden areas, large trees, and other features which contribute to the significance of the heritage place.

C-6. The subdivision does not demolish existing building stock that contributes to the heritage significance of the item, or rearrange vehicular access or car parking (on or off the site of the proposal), that adversely affects the streetscape in heritage conservation areas or the significance of any heritage item.