Development category

Application requirements

Explanatory notes

All applications that include the erection of a new structure or the extension of an existing structure may require a 3D model. 

The format should be compatible to that used by City of Newcastle (CN). Format specification requirements for the model can be provided by CN's Geospatial Information Services team. 

The 3D Model should be used to illustrate the following information: 

• context 'before' and 'after' streetscape drawings/images and/or photomontages;
• shadow diagrams; and 
• assessment of impact on view corridors. 

Development that adjoins or is located near land zoned and for residential use. 

Details of the proposed operation, including, but not limited to:

• operating hours
• mechanical operations
• deliveries
• staff numbers
• patronage
• vehicle movements
• loading and unloading.

All development applications (DA) proposing a change to the built form that will impact:

• solar access to solar panels on both the development site or neighbouring property
• solar access to communal open space on both the development site or neighbouring property

For properties adjoining land zoned for residential use, or land used for residential purposes where sunlight access to windows of living areas, or private open space may be impacted.

Shadow diagrams are to be supplied that graphically indicate how the requirements in sub-section 10.0, 11.0 and 15.0 of this section have been achieved.  

Shadow diagrams must show the effect in plan and elevation view of the existing and proposed overshadowing for June 21 at hourly intervals between 9:00am and 3:00pm.

The shadow diagrams must:  

• be drawn to an appropriate scale (generally 1:100 or 1:200) 
• use different colours or style to clearly differentiate between existing and proposed shadows 
• indicate the footprint of neighbouring buildings impacted by existing and/or proposed shadowing, including the location of any solar panels and communal outdoor areas
• for properties adjoining residentially zoned land, or land currently used for residential purposes, show windows of living areas of adjacent dwellings that face north and the principal area of private open space of any adjoining dwellings
• indicate and use the true north point (not magnetic north).

Any development requiring an acoustic report or a noise impact assessment. 

An acoustic report or noise impact assessment is warranted when a noise-producing development is proposed near noise-sensitive areas or, conversely, when a noise-sensitive development is proposed in a noisy area.

An acoustic report should:

• consider and apply relevant noise guidelines or policies – e.g., those nominated by planning authorities in planning instruments (e.g. development control plans and/or planning approvals) or in pre-DA meetings for a development
• clearly describe assessment methodologies and include calculation data
• adequately consider relevant factors such as the effects of weather, extraneous noise sources, potentially annoying characteristics of noise sources and operating conditions at the time of measurements.

Ensure any recommendations concerning acoustic attenuation are feasible and can be practically implemented.

A noise-sensitive development may include but is not limited to residential accommodation, educational establishments, early education and childcare facility, health services facility, place of public worship or the like. 

More guidance can be found in the Noise Guide for Local Government, 2023 (NSW Environment Protection Authority) and, Approved Methods for the Measurement and Analysis of Environmental Noise in NSW, 2022 (NSW Environment Protection Authority).

An application for development, including a change of use involving building work.

An access report identifying the relevant matters to be addressed at the construction certificate stage, in circumstances where access constitutes a substantive public interest aspect of a proposal. 

Access reports should be prepared by a person who is a suitably qualified access consultant, such as a person who is appropriately accredited by the Association of Consultants in Access Australia Inc.

The Disability (Access to Premises – Buildings) Standards 2010 applies to any part of a building impacted by the application for a change of use. This section does not require anything beyond the standard, but does require information on how the standard will be met through the building design in accordance with these application requirements. There may also be other standards under the Disability Discrimination Act 1992 relevant to the public interest assessment of a proposal, such as the Disability Standards for Education 2005.

An application for a change of use not involving building work.

An access report to consider access matters, in circumstances where access constitutes a substantive public interest aspect of the proposal. 

Access reports should be prepared by a suitably qualified access consultant, such as a person who is appropriately accredited by the Association of Consultants in Access Australia Inc.

A change of use not involving building works may generate public interest considerations relevant to the assessment of a DA, including in circumstances where it is apparent that a building may not comply with the access requirements of the Building Code of Australia.

Controls (C)

Explanatory notes

1. the remaining portion of the development is setback a distance equivalent to the concession taken
2. the building design contributes to the enhancement of the streetscape
3. the setback area is landscaped
4. the front setback does not have any car parking spaces.

Within established areas consideration will also be given to existing setbacks, particularly within the E3 Productivity support zone.

C-2. Nil setbacks to side and rear boundaries are permitted where abutting existing industrial development.

Side and rear boundary setbacks may be required to achieve minimum landscape area controls as prescribed in Section C12 Open Space and landscape.  

C-3. On sites of 10,000m² or more, buildings and external work and storage areas are setback a minimum of 6m from side and rear boundaries.

C-4. The minimum setback from any secondary frontage, including a lane, is a minimum of 2m. This includes storage areas.

C-5. The minimum setback to residentially zoned land, or land currently used for residential purposes is 3m. This setback is increased by 1m for every additional metre above 9m in building height. The setback is to be densely landscaped with trees and shrubs, which at maturity will screen the development from residential land refer Figure D5.01.

Figure D5.01: Setbacks to residential zoned land

C-6. Variations to a setback for development that has more than one road frontage will be considered on merit, taking into account the following:

1. the location
2. surrounding development and land uses
3. building form.

Controls (C)

1. elevations of buildings visible from a public road, reserve, railway or adjacent residential areas are constructed using brick, masonry, pre-coloured metal cladding, appropriately finished ‘tilt-slab’ concrete or a combination of a number of these materials. Large unrelieved expanses of wall or building mass are avoided, and such should be broken up by the use of suitable building articulation, fenestration or alternative architectural enhancements
2. showroom display areas, ancillary offices, staff amenities and other low-scale building elements are, wherever practicable, at the front of the premises and constructed in brick or masonry materials to enhance the appearance of the development. Refer to Figure D5.02
3. roofing materials consist of low-reflective materials particularly when visible from a public place or adjoining residential areas.

C-2. Development is not to result in the creation of an isolated site that could have been developed in compliance with the relevant planning controls. Appropriate documentary evidence to demonstrate that a genuine and reasonable attempt has been made to purchase an isolated site based on a fair market value.

C-3. Where amalgamation of the isolated site is not feasible, applicants will be required to demonstrate that an orderly and economic use and development of the separate sites can be achieved.

C-4. The development of existing isolated sites is not to detract from the character of the streetscape and is to achieve a satisfactory level of amenity including solar access, visual and acoustic privacy. Development of existing isolated sites may not achieve the maximum potential, particularly height and floor space ratio, and will be assessed on merit.

C-5. Where adjacent sites are developing concurrently, site planning options for development as an amalgamated site are to be explored.

C-6. All fencing in industrial developments is constructed of palisade or decorative open style metal type fencing with a maximum 1.8m height.

C-7. The use of sheet metal fencing or chain wire fencing on the front property boundary is not allowed.

C-8. All front entry gates are constructed to swing inwards into the site or slide across the frontage at all times.

C-9. Masonry retaining walls along the street frontage area restricted to 600mm in height.

C-10. Palisade or other decorative open metal type fencing may be erected on top of the masonry wall provided the total height of the masonry wall and fence is a maximum 2.4m in height.

C-11. An application for development including a change of use is to provide an access report in accordance with the application requirements above.  

Controls (C)

Explanatory notes

C-1. A development proposal that adjoins or is located within proximity to residentially zoned land, or land currently used for residential purposes, must demonstrate compatibility with surrounding uses when considering the following:

1. the nature of the proposed development
2. the bulk and scale of development and possible overshadowing effects
3. the need for increased side and rear boundary setbacks
4. the amount of landscaping and its effectiveness in screening the proposed development
5. the level of traffic generated
6. the hours of operation proposed
7. the impact of noise, odour, dust and other emissions.

Refer to Figure D5.03.

In determining a DA in industrial zones, the effect the proposal will have on the existing and likely future amenity of the neighbourhood is to be considered. The level of amenity for dwellings located on industrial land may be given less consideration than dwellings located on residential zoned land.

High-intensity noise generating industries are not favoured close to residential areas. 

Figure D5.03: Buffer provided from noise generating activities to residential areas

Noise

C-2. Sources of noise such as garbage collection deliveries, plants and machinery, parking areas and air conditioning plants are sited away from adjoining residential properties, wherever practicable, and screened by walls or other acoustic treatments.

C-3. Noise sources impacting residential habitable areas will need to be adequately addressed to ensure appropriate internal noise levels are achieved with respect to appropriate legislation, guidelines and standards. This may require applicants to obtain an acoustic report or a noise impact assessment from an appropriately qualified and experienced acoustic engineer to support their application.  

Further information can be found in sub-section 7 Application requirements.

Light spill 

C-4. Lighting is designed or treated to not cause light spill onto adjoining residentially zone land.

A curfew may be imposed on the operation of illuminated signage where continuous illumination may adversely impact the amenity of adjoining dwellings.

Privacy

C-5. Building siting, window location, communal open space and fencing are designed and located to maximise privacy to adjoining residentially zoned land and uses.

C-6. Provide privacy screens where the distance from the window to a boundary to adjoining residentially zoned land is:

1. less than 3m, and has a finished floor level (FFL) greater than 1m above existing ground level, or
2. less than 6m and the room has a FFL greater than 3m above ground level.

Solar access 

C-7. Development proposals adjoining residentially zoned land, or land currently used for residential purposes maintain at least:

1. three hours of sunlight to the windows of living areas that face north between 9am and 3pm on 21 June, and
2. two hours of sunlight to the principal area of private open space between 9am and 3pm on 21 June.

Where these requirements cannot be met, the development proposal must not result in additional overshadowing of these areas.

Controls (C)

Explanatory notes

1. seating, tables and rubbish bin
2. accessible staff amenities (eg. toilets and kitchen area)
3. protection from the weather
4. safe access to all staff
5. separation from public areas
6. location away from noisy or odorous activities
7. orientation to ensure some exposure to sunlight.

Refer to Figure D5.04.

Figure D5.04: Open space facilities for staff

C-2. In locating communal areas, consideration is given to the outlook, natural features of the site, and neighbouring buildings.

C-3. Communal areas receive a minimum of two hours direct sunlight between 11am and 3pm on 21 June.

C-1. Where any work or storage of materials is proposed to be undertaken outside the confines of a building, full details of those parts of the site to be so used, and of the materials to be stored, are provided with the application.

C-2. Approved open work and storage areas are located at the rear of industrial developments and screened from view by landscaping and screen fencing.

C-3. Any screen fencing is constructed of masonry materials or pre-coloured metal cladding, having a minimum height of 2m.

C-4. The perimeter of all approved storage areas is landscaped.

Controls (C)

Explanatory notes

C-1. All loading and servicing areas are located to the side or rear of buildings and effectively screened from any street frontage, adjoining buildings and residential areas.

C-2. Each individual allotment provides sufficient on-site loading facilities to accommodate its activities within the allotment. All loading movements, including turnaround areas, are accommodated within allotments.

Sharing of loading facilities and manoeuvring areas between sites will be considered on merit.

C-3. Loading docks are positioned so they do not interfere with visitor and employee parking spaces and to ensure delivery vehicles do not stand on any public road, footway or laneway.

Controls (C)

Explanatory notes 

C-1. Car parking provided on site in accordance with the requirements of Section C1 Traffic, parking and access.

C-2. Off-street parking is provided behind or at the side of the building area.

C-3. Heavy and light traffic movements are to be separated.

C-4. All vehicles are able to enter and leave the site in a forward direction.

C-5. Development is to provide footpaths for the full width of any site frontage. Where the proposed footpath will adjoin and connect to an existing or approved footpath on an adjoining site, the width of the proposed footpath is to match this footpath width. See C2 Movement networks for detail.

As per Section C2 Movement networks, when determining the requirement for footpaths, considerations by CN may include, but are not limited to the following:

• the development type, scale and density 
• planned or likely intensification of an area 
• adjoining or surrounding footpath infrastructure and surface treatments
• condition of any existing footpath and need for replacement
• CN forecasted infrastructure and asset projects or capital works programs
• topography of the road reserve along subject site frontage 
• the presence of any utilities, services, assets, street trees, street furniture or the like. 
• CN public domain plans and standard drawings for footpaths.

For more intensive developments, it may be a CN requirement to extend footways beyond the site frontage such as to connect to public transport or nearby services to support the development.

Controls (C)

Acceptable solutions (AS)

Explanatory notes

C-1. Consideration must be given to neighbouring properties’ solar panels and the loss of sunlight to these panels as a result of any development proposal, having regard to the performance, efficiency, economic viability and reasonableness of their location. 

AS-1.Where reasonably practicable sunlight to any existing solar panels should not be reduced to less than two hours between 9am and 3pm on 21 June. 

Controls (C)

Explanatory notes

1. the development is allowed with consent and complies with the environmental envelope, and
2. 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 Office of Environment and Heritage.

Strategic Impact Assessment Study: The study titled ‘Strategic Impact Assessment Study’ concerning land at Tourle Street and Industrial Drive, Mayfield - the Steel River Project, February 1998, approved by CN, a copy of which is available on the CN website.

Environmental envelope - all the requirements set out in Part D of the ‘Strategic Impact Assessment Study’, and includes (without limitation) the requirements relating to the following: 

• air quality, noise emissions and water quality
• industrial ecology and ecologically sustainable development 
• air quality, noise emissions and water quality 
• industrial ecology and ecologically sustainable development 
• the social and economic welfare of residents and workers in Newcastle 
• urban design and landscaping 
• the cultural, historic and landscape significance of the land.

Controls (C)

Explanatory notes

C-1. Vehicular access to a development is provided by a road other than Industrial Drive, Cormorant Road or Tourle Street.

Industrial Drive, Cormorant Road and Tourle Street are classified roads. Any openings to these roads require approval from Transport for NSW.

C-2. If access is only available from these roads, a single access point is located so that the safety, efficiency and ongoing operation of the road is maintained. Any other existing access points are to be closed.

C-3. Where access to a site is via roads managed by the operator of the Port of Newcastle shown in Map D5.05, evidence the operator has given consent to use the road is submitted with the DA.

Port of Newcastle Lease Area means land identified as “Port of Newcastle Lease Area” on the Lease Area Map contained in the State Environmental Planning Policy (Transport and Infrastructure) 2021.

C-4. Where work, such as a new or reconstructed driveway crossing, is proposed within a road reserve of a road managed by the operator of the Port of Newcastle shown in Map D5.05, the consent of the operator to lodge the DA is required.

C-1. Where stormwater is to be discharged via a stormwater system managed by the operator of the Port of Newcastle, the DA includes evidence that the operator has given consent to the use of the stormwater system.