Stormwater

When preparing a Development Application, you should refer to Section C4 Stormwater of Newcastle Development Control Plan (2023) and the Stormwater and Water Efficiency for Development Technical Manual for advice on ensuring your development complies with regulations.

The provisions of the following environmental planning instruments and legislation also apply to development applications to which Section C4 Stormwater applies:

• Newcastle Local Environmental Plan 2012
• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
• State Environmental Planning Policy (Building Sustainability Index: BASIX 2004)
• NSW Water Management Act 2000

Stormwater run-off can carry a variety of pollutants into our waterways including sediment, heavy metals, oils, bacteria, litter, nutrients and chemicals. Stormwater pollution impacts upon our economy, the recreational value of our waterways and the ecological health of the natural environment. 

You can help to keep Newcastle waterways clean:

• Put litter in a bin (especially cigarette butts)
• Wash your car on the lawn
• Sweep your drive instead of hosing it
• Pick up your dog droppings
• Stop your car dripping oil
• Stop soil being washed off your property
• Properly dispose of hazardous waste
• Compost leaves and grass clippings
• Reduce fertiliser use

Hunter Water Corporation manages the public sewage system in the Newcastle LGA.  If you suspect an odour or issue may be caused by sewage from the public sewage system, please report this fault to Hunter Water directly by calling 1300 657 000. 

City of Newcastle is only responsible for investigating sewage issues relating to private land such as from illegal/leaking private sewer pipes or onsite wastewater management systems such as septic tanks.

We are using water sensitive urban design (WSUD) principles to improve and preserve the health of our waterways, wetlands and beaches, reducing flood risk and damage, and creating public spaces that harvest and clean water. Newcastle residents are encouraged to learn about and apply WSUD in the management of their private properties.

Private property owners are responsible for maintaining stormwater pipes, gutters, downpipes, gully pits and any other components of drainage systems in good condition, and in compliance with Council requirements. This includes maintenance of the stormwater system on the property as well as any connection to Council's stormwater system. When redirecting and/or concentrating stormwater flows, property owners are required to collect the stormwater and direct it to a legal point of discharge.

Legal points of discharge:

Property owners are responsible for connecting a property's stormwater system to a legal point of discharge.

The Building Code of Australia provides technical standards for all aspects of building. With relation to stormwater the Building Code of Australia references Australian Standard AS/NZ 3500 Plumbing and drainage.

Stormwater may not be discharged to the sewer.

·       Redirecting and/or concentrating of overland flow

In some cases, stormwater flow from neighbouring land occurs due to the natural terrain (slope) of the land, called natural overland flow. Lower properties must, in most circumstances, accept and manage natural overland flow from higher ground whether flowing off private property or public land. Natural overland flow must not be restricted, diverted or redirected in such a way as to cause an impact or nuisance to an adjoining property.

A property owner cannot be held liable when surface or seepage water flows naturally onto an adjoining property.

If any change to the overland flow path occurs on a property, the storm water runoff should be collected and directed to a legal point of discharge.

·       Seepage water

Seepage water is the responsibility of individual property owners. Where sloping blocks have been excavated to obtain a flat yard or building site, seepage drains should be constructed to redirect water to a stormwater drainage system.

You should liaise with neighbours to address any problems. If possible, drainage easements can be created to direct water to a council stormwater drainage system.

·       Reporting a Stormwater Drainage Issue to City of Newcastle

Prior to City of Newcastle commencing any storm water drainage investigation, we require the person(s) affected to have undertaken certain actions including:

• Reading all information concerning stormwater drainage complaints as contained on our website.
• Attempted to resolve the situation by raising the issue with the owner of the property the water is coming from. 

If this is not possible, advice and mediation support to resolve neighbourhood disputes can be sourced from the NSW Community Justice Centre at no cost.

• It may be necessary to seek independent legal advice through a private Solicitor or by consulting with a Chamber Magistrate at a Local Court.

Record your complaint in writing outlining what action you have taken and the result.
We will not commence any investigation until these actions have been completed.

Action by City of Newcastle

When will City of Newcastle take action:

We will investigate storm water drainage complaints only where it relates to the flow of surface water from one property across the common land boundary onto another property, and where the following criteria have been met:

• Evidence is produced that substantiates the surface water has caused or is likely to cause physical damage to land or building on the other land;
• Surface water has been directed to and/or concentrated in a particular area by a man-made structure or drain; or 
• Surface water is the result of defective roof drainage from a dwelling or outbuilding. 

When will City of Newcastle not take action:

We have the discretion to take no action (or is unable to take action) in circumstances where:

• The surface water is natural run-off from the property due to the topography and it isn't redirected in any manner
• Surface water is flowing down and/or across existing hard surface areas such as driveways, tennis courts, concrete slabs or paved areas
• The location of a dwelling or outbuilding impacts on surface run-off
• Surface water run-off occurs only in periods of exceptionally heavy rain
• Surface water is a result of overflows from storm water absorption pits where contours of land and lack of access prevent direct connection of a building's roof water to the City of Newcastle's stormwater drainage system
• The run-off is from new development work that is the subject of a development consent and has been constructed in accordance with that consent
• The drainage problem involves discharges from defective or blocked private inter-allotment drainage easement infrastructure (e.g. pipes and drainage pits).

Please note: private inter allotment easements are the responsibility of the property owners who are burdened by and/or benefited by the easement.

Throsby Creek is full of litter that flows into the Carrington mangroves, polluting the marine life. Much of this litter begins its life of pollution at key locations from across the catchment as far away as Lambton, North Lambton, Kotara, New Lambton and Adamstown, and all suburbs in between.

Our Waste Management team has embarked on the Throsby Creek Litter Management Project to help reduce the problem via regular clean-ups and a unique community education program.

Regular clean ups are being carried out using the Department of Corrective Services offenders, and an education campaign designed in conjunction with Hunter Local Land Services and Tangaroa Blue is targeting local high schools in the Throsby catchment area.