How DAs are Assessed

DAs are assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979. This includes such matters as:
 

• The provisions of any relevant State, Regional or Local controls, standards and planning instruments. This includes Newcastle Local Environmental Plan 2012 (LEP) and Newcastle Development Control Plan 2023 (DCP). The DCP contains more detailed controls than the LEP and is a guideline, as opposed to the LEP which has statutory weight.
• The likely environmental, social or economic impacts of the development.
• The suitability of the site for the development.
• Any submissions made in response to public notification of the development.
• The public interest.

While there is an expectation that DAs should comply with City of Newcastle's (CN's) planning controls and guidelines, departures may be acceptable where it can be justified that the departure or non-compliance:
 

• Results in a development that on its merits still generally achieves the stated aims and objectives of the control that is proposed to be varied.
• Will not reasonably result in any greater amenity impacts on surrounding properties than a compliant development.

DAs submitted to City of Newcastle (CN) are determined by one of the following authorities:
 

• CN development officers;
• Development Application Committee (DAC); or
• Hunter & Central Coast Regional Planning Panel (HCCRPP).

Notification letters and the Application Tracker will specify the proposed determining authority. DAs are most commonly assessed by CN development officers, as only particular applications trigger determination by the DAC or HCCRPP.

Development Application Committee (DAC) and Public Voice (PV)

DAs are referred to DAC for determination where:

1. The proposed development's estimated cost exceeds $15 million; or
2. The proposed development involves significant conflict with CN’s adopted objectives or policies; or
3. There have been 25 or more written objections received from independent parties and the concerns raised are unable to be resolved or be otherwise addressed by means of appropriate conditions of consent. Noting multiple submissions received from the same household will be considered as a single submission; or
4. Two or more Councillors request in writing that the application be determined by the DAC.

If a DA requires determination by the DAC under reason 3) or 4) listed above, CN’s Public Voice and Public Briefing Policy provides an opportunity for parties to directly address the Public Voice (PV) Committee of Councillors regarding the proposed development.

In these circumstances, all submitters will be invited to apply to speak at a PV session. A Public Voice Application Form will need to be submitted within the PV invitation period, should you be interested in speaking at the PV session.

Hunter & Central Coast Regional Planning Panel (HCCRPP)

DAs referred to the HCCRPP are currently defined under Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011. CN is responsible for the processing of the application, including the public exhibition, preparation of an assessment report and the issuing of the Notice of Determination.

HCCRPP meetings are conducted in public, unless otherwise directed by the Minister or the Chairperson. Persons (or persons on behalf of bodies) who make a submission on a matter before the HCCRPP may request to address the Panel. Requests can be made to the Panel Secretariat prior to the meeting by phoning (02) 9383 2121 or emailing enquiry@planningpanels.nsw.gov.au.

Amendments to a DA may be made by an applicant before the DA is determined, to resolve issues raised either by assessment officers, external agencies or objectors. Amendments can only be made with the permission of City of Newcastle (CN) officers.

Amendments are not requested or accepted when an application is fundamentally unacceptable. If it is agreed to accept an amendment to an application before it is determined, it will only be notified where the amendments are likely to have a greater or different environmental impact than the original proposal. The discretion to notify rests with CN.

Visit our Political Donations and Gifts webpage to learn how political donations are disclosed, as well as:

• Understand who is required to disclose this information
• Access the Political Donations and Gifts Disclosure Form
• View records of the Political Donations and Gifts Disclosure Forms that have been received by City of Newcastle (CN)

With the exception of 'Designated Developments', a person who lodges a submission does not have a right of appeal to the Land and Environment Court, on the merit assessment of a determination made by City of Newcastle (CN).