Development Control Plan (DCP)

A DCP is a planning instrument. It contains city-wide design guidelines and supports the Newcastle Local Environmental Plan 2012. It further implements land use and development priorities and commitments.

DCP 2012 was finalised in 2012 and has since had many amendments. A review of DCP 2012 considered the relevance of the development controls, and whether they reflect best practice guidelines, land use and development priorities and commitments.

DCP 2023 introduces a new structure aiming to make it easier to use. Part A contains an introduction on how to use the DCP. Each subsequent section includes an introduction, objectives and controls. The objectives relate to a specific item or outcome. The controls are performance-based, providing alternative solutions where appropriate and where there is more than one solution. New explanatory notes and submission requirements improve clarity and the intent of requirements, and ensure the correct information, plans and supporting studies or assessments are submitted. 

The DCP contains parts and sections. Initial planning considerations are contained within Part B: site planning controls and Part C: general development controls. Where appropriate, refer to the additional sections for development controls by land use and places and precincts. Each section states the information required to support a development, based on best practice.

Part B - Section B6 Urban Heat

New measures aim to ensure new development incorporates effective design responses and ongoing operations to reduce the impacts of high to extreme heat stress days on residents, workers and visitors. Measures include:

• cool facades for larger development in the city centre, Wickham, renewal corridors and local centres. This may include external shading features or non-reflective surfaces and green walls.
• minimising impacts from heating, ventilation and air conditioning systems with the placement of unit location.
• passive design solutions such as building orientation to take advantage of winds, natural ventilation and solar access, adjustable external shading, using low heat conductive materials, insulation, wider eaves, vegetated surfaces, light coloured roof tops and light or non-reflective surfaces to minimise reflection and heat retention.

Part C - Section C13 Liveable housing

DCP 2023 introduces the requirement for co-living housing and 20 per cent of dwellings in multi dwelling housing, residential flat buildings, apartments and shop top housing development to meet the platinum level of performance under the Livable Housing Design Guidelines, 2017.

It will apply where there are five or more dwellings in a development. This supports aging in place and people with higher mobility needs.  Platinum level requirements support ease of movement in the kitchen, laundry and ground floor with options for adaptation for other supporting needs. For example, the ground floor caters for a space that can be used as a bedroom.

Information requirements for development applications will include sufficient detail on universal design features with certification (at design stage and prior to occupation) from a qualified and registered Livable Housing Assessor.

No changes are proposed to current requirements for the silver level of performance that applies to dual occupancies, multi dwelling housing, residential flat buildings, apartments and shop top housing development (for flexible and adaptable homes).

Part C - Section C1 Traffic, parking and access

The revised measures aim to reduce car dependency and increase walking, cycling and public transport use. Changes relate to bicycle storage (including more equitable access for people with a disability), car share parking in the Newcastle city centre, Renewal corridors, The Junction and Hamilton B2 Local Centre zone and Darby Street mixed use zone for ride sharing, and end of trip facilities for more non-residential development with greater shower and storage facility allocation to encourage and provide for greater cycling opportunities.

A new control aims to limit vehicular access points for development in smaller local centres and areas of high pedestrian and cyclist movement.

Part C - Section C3 Vegetation preservation and care

Revised measures are added for retention or planting of street trees with a development. This supports urban pollination of corridors and current tree vacancy mapping.

Exemptions (including a list of undesirable tree species) are refined to compliment the revised measures and reflect reasonable scenarios for when a tree can be removed (being near an existing dwelling wall or principal building). Additionally, measures are included for retention of existing native vegetation and biodiversity corridors to minimise potential development impacts on areas of high environmental value.

Part C - Section C12 Open space and landscaping

Revised measures seek deep soil areas for single dwellings and additional landscaping for other forms of residential development. New controls are included for new street trees with subdivision of new residential and industrial sites.

Timing for planting of street trees is to be staged through the subdivision. Deferred planting mitigates the unnecessary loss of street trees due to driveways.

There are new requirements for deep soil and canopy cover with industrial developments. There are standards for tree provision on site and within open parking areas. New controls provide guidance for green walls and roofs, and the requirement for assessment by a structural engineer and details for future maintenance. This supports the objectives of the Urban Heat section.

• Part E - Section E5 Newcastle city centre
• Part D - Section D4 Commercial 

Revised development controls for the City centre seek high quality-built form and public domain outcomes while protecting heritage, amenity, views and its unique character.

DCP 2023 reflects greater alignment with the Newcastle After Dark vision. Objectives are strengthened for concentrated night time/after dark activity in the seven nightlife precincts, as outlined in the Newcastle After Dark, Night-time Economy Strategy.

The night-time economy is considered to be of sufficient strategic importance to require provisions for commercial development to come into immediate effect.

• Part E - Section E9 Black Hill employment area
• Part E - Section E10 Minmi extension, Village centre and Link Road north precinct
• Part E - Section E11 Minmi East precinct

These sections include approved guidelines to support Concept Approvals issued by the Minister for Planning. It was requested they form part of the current DCP or any future DCP and they cannot be amended. The current section for Minmi forms part of DCP 2023. The land application map boundary and controls are amended to not be in conflict with the Minmi Extension concept area and guidelines. 

• Part D - Section D1 Subdivision and lot consolidation

DCP 2023 has a new density control that strives for 40 dwellings per hectare on 'new residential sites' and/or an 'urban release area' (URA). It will apply to relatively undeveloped land outside existing urban areas and zoned for future urban growth and/or is an URA identified in NLEP 2012. This supports intentions for 15-minute neighbourhoods and the Hunter Regional Plan 2041.

In this section, measures establish an appropriate buffer distance to minimise adverse effects on sensitive land uses including people from odour, noise, dust, ground gas and other nuisance generating activities from Summerhill Waste Facility. Subdivision within Summerhill Waste Management Centre Buffer areas may require additional assessments to support the application including noise, odour and/or visual impact assessment.

• Part B - B1(a) Flood Management - pre 2019 flood studies
• Part B - B1(b) Flood Management - post 2019 flood studies 

A revised section is to apply to development with flood studies and mapping undertaken prior to release of updated guidelines on Australian rainfall and runoff.

A new section was prepared for development where flood mapping is in accordance with 'A guide to flood estimation,' released in 2019 and the Throsby, Styx and Cottage Creek Flood Study, which was placed on public exhibition in July 2023. Following a review of community feedback, the Throsby, Styx and Cottage Creek Flood Study will be finalised and presented to Council for adoption. Until there is an updated flood study for the western half of Newcastle (the Hexham and Woodbury Swamp catchment), both sections B1(a) Flood Management - pre 2019 flood studies and B1(b) Flood Management - post 2019 flood studies will form part of DCP 2023.

The new section reflects industry best practice in flood risk management and national guidelines for disaster resilience.

• Part B - Section B4 Aboriginal cultural heritage

A new requirement is included for nominated development types to include a Connecting with Country strategy. It is intended to apply to new buildings or redevelopment of existing buildings that are referred to CN's Urban Design Review Panel. Types of development may include residential flat buildings, shop top housing, mixed-use development or other non-residential developments depending on nature, location or scale and impacts. The strategy is to guide the design and planning for these developments.

• Part E - Section E1 Built and landscape heritage

DCP 2023 provides revised development controls and diagrams to strengthen merit-based guidance for the development of heritage items and places within heritage conservation areas.

This guidance supports adaptive reuse, energy conservation and waste minimisation, heritage interpretation measures, equitable access for people with a disability, and discourages facadism of heritage items.

A new control refers to on-site production of renewable energy such as solar panels that may be permitted if sympathetic to the heritage significance of the item and/or heritage conservation area.

CN's policy on contaminated land has been removed from the DCP, updated and is now a separate Contaminated Land Policy and associated Contaminated Land Management Technical Manual.

Some key updates to the Policy include:

Contamination report authors must be qualified and certified

Contaminated land reports submitted for assessment are to be prepared or reviewed and approved by an appropriately qualified and certified Environmental Consultant.

The certification schemes recognised by NSW EPA and CN are:

• Environment Institute of Australia and New Zealand’s (EIANZ) Contaminated Land Assessment Specialist Certified Environmental Practitioner (CLA Specialist CEnvP) scheme;
• Soil Science Australia (SSA) Certified Professional Soil Scientist Contaminated Site Assessment and Management (CPSS CSAM) certification.

Contamination report format requirements

• Be a stand-alone document which clearly corresponds to a specific stage and meets the checklist elements in the NSW Government consultant guidelines for reporting on contaminated land;
• Be given a title which is consistent with the appropriate report stage e.g. 'Preliminary site investigation', 'Detailed site investigation' or 'Remedial action plan';
• Must not contain disclaimers or document password protection which prevent their use by CN for assessment purposes;
• Be a final version (draft documents will not be accepted); and
• Be submitted as a single, electronic PDF document.

Clarification regarding Remediation Action Plans required prior to determination.

If remediation is required to make the land suitable for a proposed land use, then a Remedial Action Plan must be submitted by the applicant to CN for assessment. Once the Remedial Action Plan is deemed to be appropriate by CN, as per the requirements of this policy the application can progress to determination.

DCP 2023 includes revised measures to guide high quality-built form and public domain outcomes, protect amenity and reduce land use conflicts throughout.

The Tighes Hill and Kotara Character areas are new sections in DCP 2023. The controls and objectives capture community feedback from engagement and consultation with the local character study. 

DCP 2023 is operational from 1 March 2023. It contains savings provisions for development lodged but not determined before this date.

Refer to A1 Introduction for further detail.

The Standard Lodgement Requirements for Development Applications (PDF) contains a summary of the submission requirements for various development types. It should be seen as a starting point, rather than a complete list. The guide outlines the minimum information requirements for development application documentation.

Additional plans and reports may be required depending on the development type or constraints affecting the subject site.

Nothing in this checklist precludes Council from requesting additional information, where Council is of the opinion that the information will assist in the assessment of an application.

Further information, including requirements, can be found in the relevant sections of DCP 2023.

If you have any further questions about this checklist or the lodgement information requirements for your specific proposal, please contact CN's Development Duty Service, phone 4974 2000 or email dutyofficer@ncc.nsw.gov.au.