Newcastle Local Environment Plan
The Newcastle Local Environmental Plan 2012 (LEP) is a legal document that provides rules and standards for uses on private and public land within the City of Newcastle local government area. The LEP is made up of a written document (instrument) and a series of accompanying maps” (City of Newcastle).
Links to the written document and accompanying maps are provide by City of Newcastle at: https://newcastle.nsw.gov.au/development/land-use-planning/local-environmental-plans-(lep)
Wickham is covered on two location codes. Location code 004FA covers most of Wickham, with 004G covering the area near the Newcastle Interchange. The location code 004FA or OO4Gis the same for each map type. The map type is combined with the location code to generate the map name. For Wickham, the relevant maps are:
The following show some of the Local Environmental Plan information specific to Wickham. Caution! This may not be latest information, being current as at May 2025.
Local Environment Plan
NSW Planning Portal Spatial Viewer (May 2025) – Land Zoning Map with Legend Markup Added
The Local Environment Plan prohibits certain land uses in each land use zone. Of interest to those with existing homes (i.e., dwelling houses) or vehicle body repair workshops in the MU1 Mixed Use Zone, of the many land uses that are prohibited the following are prohibited:Dual occupancies; Dwelling houses; Secondary dwellings; Semi-detached dwellings; vehicle body repair workshops.In 2006, the NSW Department of Planning made changes to the existing use rights. Their Planning Circular PS 06-007 (31 March 2006) explains the change as follows.“What is meant by ‘existing use’
An existing use (defined in section 106 of the Environmental Planning and Assessment Act 1979) (EP&A Act) is a use that is lawfully commenced but subsequently becomes a prohibited use under a new local environmental plan (LEP) or other environmental planning instrument (EPI). The EP&A Act and the EP&A Regulation 2000 makes provisions for the continuance of existing uses.
Purpose of existing use rights
The existing use provisions aim to balance the potential hardship and dislocation that could result if landowners or occupiers were required to discontinue uses no longer permitted under current planning controls, against the need to transition to the new and preferred planning regime for the area.
For example: an existing factory is permitted to continue operating (and, if appropriate, expand its operation) even though the site and surrounding areas may have been rezoned for residential purposes only under a new LEP.
Existing use rights provide for the continuation of previous rights to operate the same use on the parcel of land.”
So, if you already have a dwelling house, panel shop or other prohibited land use, you can expand it or knock-down-rebuild it provided it is the same, existing land use. You cannot, for example, re-purpose a panel shop or warehouse into a home or duplex. Or move your panel shop from its existing site to another site that does not already have a panel shop on it.If you cease undertaking an existing/continuing use on affected land for more than 12 months, it is generally considered that the specific use has been abandoned, and the existing/continuing use rights would no longer apply to the land concerned.“Part 4 Principal Development Standards
4.1 Minimum subdivision lot size
- The objectives of this clause are as follows—
- to provide subdivision lot sizes that meet community and economic needs, while ensuring that environmental and social values are safeguarded,
- to facilitate greater diversity in housing choice,
- to ensure that lots are of sufficient size to meet user requirements and to facilitate energy efficiency of the future built form,
- to ensure that the subdivision of land in Zone C4 Environmental Living … “
- This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
- The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.”
NSW Planning Portal Spatial Viewer (May 2025) – Lot Size Map
“Part 4 Principal Development Standards …
4.3 Height of buildings
- The objectives of this clause are as follows—
- to ensure the scale of development makes a positive contribution towards the desired built form, consistent with the established centres hierarchy,
- to allow reasonable daylight access to all developments and the public domain.
- The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.”
NSW Planning Portal Spatial Viewer (May 2025) – Height of Buildings Map
The Wickham Master Plan has identified certain areas where greater density is envisaged. The areas shown below are permitted to have increased building heights in exchange for community infrastructure or benefit. The areas where increased height is permitted is much less than envisaged in Wickham Master Plan 2017, Map 15 – Potential Redevelopment Densities, due to recently redeveloped sites not taking advantage of the increased heights (Eaton, WEST, Stella and Bishopsgate apartments) and mine subsidence issues. This is covered in more detail in Community Infrastructure Incentives Policy.
NSW Planning Portal Spatial Viewer (May 2025) – Height of Buildings Map with Additional Controls
“Part 4 Principal Development Standards … 4.4 Floor space ratio
(1) The objectives of this clause are as follows—
(a) to provide an appropriate density of development consistent with the established centres hierarchy,
(b) to ensure building density, bulk and scale makes a positive contribution towards the desired built form as identified by the established centres hierarchy.
(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
(2A) Despite subclause (2), the maximum floor space ratio for a building on land in any zone in this Plan is to be determined as if the area of the access laneway of a battle-axe lot were not part of the area of the lot.
Note - See clause 7.10 for the maximum floor space ratio for a building on land in Newcastle City Centre.”
The Wickham Master Plan identified five precincts in the master plan area that is south of Albert Street; Rail Edge Precinct, Village Hub, Harbour Edge Precinct, Emerging Industry Quarter, and Park Edge Precinct. The floor space ratio in these precincts is reflected in the Local Environment Plan floor space ratio maps.
NSW Planning Portal Spatial Viewer (May 2025) – Floor Space Ratio Map
The Wickham Master Plan has identified certain areas where greater density is envisaged. The areas shown below are permitted to have increased floor space ratio in exchange for community infrastructure or benefit. The areas where increased floor space ratio is permitted is much less than envisaged in Wickham Master Plan 2017, Map 15 – Potential Redevelopment Densities, due to recently redeveloped sites not taking advantage of the increased floor space ratio (Eaton, WEST, Stella and Bishopsgate apartments) and mine subsidence issues. This is covered in more detail in Community Infrastructure Incentives Policy.
NSW Planning Portal Spatial Viewer (May 2025) – Floor Space Ratio Map with Additional Controls
NSW Planning Portal Spatial Viewer (May 2025) – Heritage Map
More detail on the following heritage items and archaeological sites can be found on the NSW State Heritage Inventory site. The State Heritage Inventory is an online database of all statutory listed heritage items and heritage conservation areas in NSW. The inventory contains over 30,000 records including local environmental plan (LEP), Aboriginal Places, State Heritage Register (SHR), Interim Heritage Orders, and State Agency Heritage Registers (such as s.170 Register).Local Heritage Items
Schedule 5 Part 1 of Local Environment Plan (2012 as at May 2025) lists the following local heritage items in Wickham by street name.Heritage Item Name | Address |
| Former Wickham Town Hall and Council Chambers | 18A Albert Street |
| Hawkins Oval | 22 Albert Street |
| Hawkins Oval Memorial | 22 Albert Street |
| Former police lock-up | 25 Albert Street |
| Former New Zealand Loan Co Wool Store | 33 Annie Street (burnt down in 2022) |
| Dalgety Warehouse | 49 Annie Street (burnt down in 2022) |
| Elders Warehouse | 57 Annie Street |
| Residence | 15 Charles Street |
| Wickham Public School | 54 Hannell Street |
| Former Infants School | 64 Hannell Street |
| Albion Hotel | 72 Hannell Street |
| The Missions to Seamen building | 96 Hannell Street |
| The Salvation Army Men’s Hostel | 116–120 Hannell Street |
| Former School of Arts | 80 Honeysuckle Drive |
| Lass O’Gowrie Hotel | 14 Railway Street |
| Former Wickham and Bullock Island Railway Corridor | 50 Railway Street, 8A and 8–10 Albert Street, 161 Railway Street and part of Railway and Greenway Streets |
Conservation Areas
Schedule 5 Part 2 of Local Environment Plan (2012 as at May 2025) lists the heritage conservation areas. There are no areas in Wickham. Across the railway line is the Newcastle City Centre Heritage Conservation Area, shown by red hatching on the Heritage Map.Archaeological Sites
Schedule 5 Part 3 of Local Environment Plan (2012 as at May 2025) lists the following archaeological site in Wickham.| Archaeological Site Name | Address |
| R A Ritchie & Sons and Hudson Bros Engineering (former industrial site) | 20 Greenway Street |
“Part 6 Additional local provisions—generally
6.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of Land | Works |
| 1 | Any works |
| 2 | Works below the natural ground surface. |
| Works by which the watertable is likely to be lowered. | |
| 3 | Works more than 1 metre below the natural ground surface. |
| Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. …” | |
NSW Planning Portal Spatial Viewer (May 2025) – Acid Sulphate Soils Map
NSW Planning Portal Spatial Viewer (May 2025) – Newcastle City Centre Map
The significance for the southern part of Wickham being in the Newcastle City Centre means Part 7, Additional local provisions—Newcastle City Centre, of the Local Environment Plan applies. It is interesting that Development Control Plan E5, Newcastle City Centre, does not apply to Wickham except for the area in the Honeysuckle Precinct east of Hannel Street. Development Control Plan E7, Wickham, applies to the remainder of the area south of Albert, Branch and Cowper Streets. See Development Control Plan for more details. It is unclear if this southern part of Wickham should be called part of the Newcastle City Centre or not.Some of the requirements in Part 7, Additional local provisions—Newcastle City Centre, apply only to land zoned E2, Commercial Centre. The land zoning map is repeated below for easy reference. For the Wickham land near the Newcastle Interchange that is zoned E2, Part 7 requires:- Minimum building street frontages,
- Active street frontages, and
- A reduction in permitted floor space ratio for sites less than 1500 m² in “Area A” as shown on the Floor Space Ratio Map.
NSW Planning Portal Spatial Viewer (May 2025) – Land Zoning Map overlaid with FSR Additional Controls Map and Newcastle City Centre Map
For the Wickham land that is zoned MU1 and E2 within the Newcastle City Centre, Part 7 requires:- Building separation not less than 24 metres at 45 metres or higher above ground level.
This won’t apply to most of us, but it did present a minor issue for the Bowline development next to the Newcastle Interchange where it encroached into the Stella Apartments as shown below. This minor encroachment must have been considered acceptable since development consent has been granted.
Bowline Approved Stamped Plans – Drawing DA-0031_A – Future Hannell St Development Setbacks (Team2 Architects)
- Design excellence.
This applies to the erection of a new building, or additions or external alterations to an existing building that, in the opinion of the consent authority, are significant. Unless the consent authority considers that the development exhibits design excellence, development consent must not be granted.
When Newcastle Local Environment Plan (2012) was first put into force, design excellence was a requirement and the southern part of Wickham was in the Newcastle City Centre Map. Since 2012 there have only been minor changes to the design excellence requirements, such as changing “architectural design competition” to “competitive design process”, and changing “capital value of more than $1,000,000” to “estimated development cost of more than $5,000,000”.
In 2024, this design excellence requirement was applied to a shop top housing development application at 26 Bishopsgate Street (DA2024/00650). In the first Request for Information (23 Sep 2024), the City of Newcastle assessor wrote:
“A preliminary assessment of the above application has been undertaken. It found that the following information is required to be submitted to enable the assessment of your application to continue.
1. Newcastle City Centre - Design ExcellenceIn accordance with clause 7.5(2) and (3) of the Newcastle Local Environmental Plan 2012 (NLEP 2012), the proposed development is required to exhibit design excellence as it is located within the Newcastle City Centre. As such, the proposal is required to be referred to CNs Urban Design Review Panel (UDRP) for feedback. It is recommended that any feedback from the Panel be considered in the application. … As your application requires referral to the UDRP, relevant fee payment is required on lodgement. … Your application is not considered lodged until all the required fees have been paid.”
29 Bishopsgate Street – Drawing A201_B – Street Frontage (Rhombus Design & Architecture)
As part of the proponent’s response to other matters raised, revised architectural drawings were submitted. The proponent also acknowledged the design excellence requirement. The proponent must have paid the required fees because the Urban Design Review Panel reported on 28 Nov 2024. The second Request for Information (17 Dec 2024) addressed the findings from design excellence report; the City of Newcastle Assessor wrote:“In addition to the previous request for information … and the Urban Design Review Panel (UDRP) comments, it is considered the development application requires further design amendments and additional information is required to respond to the matters raised.”
In Mar 2025, seven months after lodgement, the proponent withdrew the development application.In Apr 2023 a development application for four three-storey townhouses at 17A Bishopsgate Street (DA2023/0030ä) was lodged. The assessment included a review by the Urban Design Review Panel.
17A Bishopsgate Street – Drawing DA043_B – Street View (ELK Designs)
A recent knock-down-rebuild application at 41 Grey Street (DA2023/00909) does not have an assessment by the Urban Design Review Panel. Newcastle Development Control Plan E5, Newcastle City Centre, does not list a dwelling house as requiring such as review. DCP 2023 E5.3.0 says:“Design excellence: Urban design review panel
The urban design review panel (UDRP) provides independent, expert advice to City of Newcastle (CN) and applicants about the quality of the urban design and amenity of developments.
Some types of development must be referred to the UDRP. These include:
- Residential flat buildings
- Shop top housing
- Mixed-use development with residential accommodation component
- Strata subdivision of serviced apartments.”
41 Grey Street – Drawing 001_05 – Indicative Perspective Only (The Good Design Studio)
- Additional building height for certain land in Wickham.
This applies to development on land identified as “Area A”, “Area B”, “Area C”, “Area D” or “Area E” on the Height of Buildings Map, repeated below for easy reference. This allows greater building heights in Wickham where community infrastructure is also provided. It also ensures the greater heights reflect the desired character of the localities in which they are allowed and minimise adverse impacts on the amenity of those localities, commensurate with the capacity of existing and planned infrastructure. The Wickham Master Plan determined these heights and they are now reflected in the Local Environment Plan. This is covered in more detail in Community Infrastructure Incentives Policy. An example with regards to the capacity of existing and planned infrastructure, the intersections at Hannell and Thorsby Streets, and at Albert and Railway Streets, have been upgraded based on the planned future density within Wickham.
NSW Planning Portal Spatial Viewer (May 2025) – Height of Buildings Map with Additional Controls
- Additional floor space ratio for certain land in Wickham
This applies to development on land identified as “Area B”, “Area C”, “Area D” or “Area E” on the Floor Space Ratio Map, repeated below for easy reference. This allows greater building densities in Wickham where community infrastructure is also provided. It also ensures the greater building densities reflect the desired character of the localities in which they are allowed and minimise adverse impacts on the amenity of those localities, commensurate with the capacity of existing and planned infrastructure. The Wickham Master Plan determined these floor space ratios and they are now reflected in the Local Environment Plan. This is covered in more detail in Community Infrastructure Incentives Policy.
NSW Planning Portal Spatial Viewer (May 2025) – Floor Space Ratio Map with Additional Controls
- A reduction in permitted floor space ratio for sites less than 1500 m².
This limits the maximum floor space ratio for a building that is located on land with a site area of less than 1500 m² to the lessor of the floor space ratio identified on the Floor Space Ratio Map, or 3:1. This does not apply to land identified as “Area A”, “Area B”, “Area C”, “Area D” or “Area E” on the Floor Space Ratio Map. This ensures that smaller sites do not end up with a building that is too bulky for the envisaged character of Wickham.
NSW Planning Portal Spatial Viewer (May 2025) – Land Reservation Acquisition Map
Newcastle Development Control Plan 2023 – Location of Community Infrastructure Projects in Wickham (Section E7.10 Figure E7.10)