Hunter and Central Coast Regional Planning Panel

The proposal is the continuation of the Iris development at the East End of Newcastle which represents a major revitalisation of this area.  Stage 1 has been completed and Stage 2 is under construction.  The key development applications relating to the East End are outlined below and are shown in Figure 1.

• DA2017/00701 - On 2 January 2018, development consent was granted by the then NSW Government's Joint Regional Planning Panel (now known as HCCRPP) for a staged concept approval (the 'Concept Approval'), for the East End development. The Staged Concept Approval set the floor space ratio, height, and building envelope parameters for four stages of development. The application, supporting documentation and related applications can be found on CN's Application Tracker at the following link, DA2017/00701.
• DA2017/00700 - On 4 January 2018, development consent was granted by the NSW Government HCCRPP for Stage 1 consisting of a mixed-use development incorporating retail premises, shop-top housing, car parking and associated works, for the East End development. The application, supporting documentation and related applications can be found on CN's Application Tracker at the following link, DA2017/00700.
• DA2018/00354 - On 15 March 2019, development consent was granted by the NSW Government HCCRPP for Stage 2 of the East End development, mixed-use development, residential (121 dwellings), retail and commercial, and associated demolition and site works. Stage 2 works are currently under construction and nearing completi The application, supporting documentation and related applications can be found on CN's Application Tracker at the following link, DA2018/00354.
• DA2019/01150 - On 26 April 2020, development consent was granted by the NSW Government HCCRPP, for tourist and visitor accommodation within the Stage 1 development of the East E This is known as the QT Hotel and works have been completed. The application, supporting documentation and related applications can be found on CN's Application Tracker at the following link, DA2019/01150.
• DA2023/00336 - On 28 April 2023, development consent was granted by CN for the demolition of existing non-heritage and non-contributory buildings and structures within Stages 3 & 4. Demolition works are currently being undert The application, supporting documentation and related applications can be found on CN's Application Tracker at the following link, DA2023/00336.

Figure 1: Aerial image (source: OneMap with markups by CN)

The proposal is the continuation of the Iris development at the East End of Newcastle which represents a major revitalisation of this area.  Stage 1 has been completed and Stage 2 is under construction.  The key development applications relating to the East End are outlined below and are shown in Figure 1.

There are two applications currently lodged relating to the proposed development of the East End Stages 3 & 4.

1. MA2023/00175 - Section 4.55(2) Modification to DA2017/00701 - Application to modify the Concept Approval approved building envelopes to facilitate the design competition winning scheme.

The proposed amendments include:

• Re-distribution of building massing across the site to maintain the central view corridor toward Christ Church Cathedral.
• Amendment of height of building envelopes.
• Amendment to floor space ratio.

The modification and supporting documentation can be found on CN's Application Tracker at the following link, MA2023/00175.

2. DA2023/00419 - The proposal comprises five separate residential buildings across two street blocks, consisting of a mix of apartment types and sizes totalling 195 dwellings and communal open space, a mix of small retail tenancies including food and drink premises, car parking and associated works.

The development application and supporting documentation can be found on CN's Application Tracker at the following link, DA2023/00419.

In Newcastle, the Local Environmental Plan (LEP) requires certain projects to demonstrate ‘design excellence’. Within the planning system, the term design excellence refers to both a process and an outcome. The design excellence clauses in Newcastle’s LEP are applied to development within the Newcastle City Centre.

Certain developments subject to the design excellence requirements are required to undertake a competitive design process, commonly known as a ‘design competition’. The design competition requirement is triggered by factors such as the location of the project, capital investment value, building height or lot size.

Design competitions are a well-established process used nationally and internationally to improve the design quality of our built environment.  They are a well-tested and successful model for delivering a high-quality design thinking and innovation.

More information about design competitions can be found on the NSW Government Planning website, Design Competitions page.

The proposed concurrent development (DA2023/00419) for Stages 3 and 4 was the subject of an architectural design competition, initiated by the applicant, under the provisions of cl7.5(4) of the NLEP 2012 concluding on 30 August 2022.  A collaboration of three architectural practices – SJB, Durbach Block Jaggers and Curious Practice were selected as the winning architects by a three-person Jury, which included CNs representative, Dr. Philip Pollard (Urban Design Review Panel Chair).

This proposed modification has been submitted to facilitate the design of the development for Stages 3 & 4 (i.e. the winning design from the competition, which has been further developed via the Design Integrity Panel (DIP) process).

The DIP undertook six rounds of review providing for further design refinement of the winning entry between 14 October 2022 to 24 February 2023.  The DIP endorsed the resultant design and determined that it could achieve design excellence.

CN’s Urban Design Review Panel (UDRP) reviewed the MA and DA concurrently having regard to the architectural design competition, SEPP 65 and the Apartment Design Guidelines and found that the overall proposal was acceptable including the urban design and public interests outcomes and having regard to the proposal overall impacts in respect to height, views, floor space ratios, amenity elements and the expected future character and built form of the Newcastle East End.

• Built Form and Scale: The UDRP identified that the master planning of Stages 3 and 4 demonstrated a strong and clear resolution of the proposed public spaces and siting of built form.   The proposal is considered to have been successful in terms of balancing the legibility of the Hill’s topography and retention of the existing buildings, while sleeving in high quality new built form and streetscapes. To the extent that moderate exceedances of the LEP height controls are proposed, these are considered can be achieved without significant adverse impact. The UDRP agreed that some variety in heights was preferable to a homogenous form and allowed smaller footprints of buildings and more generous public spaces. The UDRP found the proposal allowed for the continuation of Newcastle’s established heritage precedent of producing visually interesting building profiles and rooftops. Limiting the height above the Municipal building is considered to offset the greater height of the adjacent Building 4S.
• Views: The UDRP considered public views are particularly important given the significance of the Hill and the area’s Indigenous and Colonial heritage, and the UDRP found these views to be considered appropriately.

Consideration was also given to the view impacts to private properties, including The Newcastle Club, Segenhoe Apartments, and the Herald Apartments, and the UDRP determined that the private view impacts are not likely to be higher than 'moderate'.  It was identified that:

• Given the relatively low scale of the Newcastle Club as compared to the permissible heights on the subject site, views to the Harbour from the Newcastle Club would have been impacted by development on the site. The additional impacts arising from the proposed height increases sought, are sky views and are not significant, given that the Approved Master Plan had already accepted water view losses from the Club.
• Segenhoe Apartments are more distant from the subject site and at a higher ground level. View loss towards the north east is likely in some instances to include some obstruction of views to valued locations such as Nobbys, however, the proposed development will not be overbearing or visually dominant because of the natural elevation of the Segenhoe ground plane, and the distance of the site from it. The panoramic nature of views will remain available. The principles outlined in the VIA are accepted by the UDRP, and private view impacts are not likely to be higher than 'moderate'.
• View losses to The Herald residences arising from the proposed Master Plan as opposed to the Approved Master plan are not considered to be significant, given the Herald’s location at a similar ground level, and with similar exposure to a northerly aspect to that achieved from the adjacent Building 4S.

Table 1: Overall Development Statistics - Stages 1 2 3 and 4

Table 2: Development Statistics for proposed MA2023-00175 - Concept Approval

Within the planning system, the maximum height of buildings for the East End development is determined by a measurement of the highest point compared to the mean sea level, which is expressed as a 'Reduced Level' ('RL') above Australian Height Datum ('AHD') - e.g. written as RL+40.00 AHD.

This contrasts with the standard height definition within the LEP that is a direct measurement from the highest point of the building to 'existing ground level'.

The adjoining 'Herald Apartments' at 60 Newcomen Street, are a similar height to the proposed Iris 4S heights, with the roof top plants being RL 51.6 and 51.7 respectively and southern parapet heights of RL 48.1 and RL 45.3-48.65 respectively.  The northern side of Iris 4S is proposed to be RL51.2.

Figure 2 & 3 below illustrate the approved concept heights and the proposed modified heights.

Figure 2: Concept Approval maximum building heights (source: SJB Architects with markups by CN)

Figure 3: Proposed maximum building heights (source: SJB Architects with markups by CN)

The view corridors are shown below.  The proposed modification has relocated Block 3 (as shown in Figure 4), further to the east (as shown in Figure 5), increasing the view corridor from the Harbour to the Cathedral. This is consistent with the objectives of the NDCP.  This is shown in detail in the applicant's impression in Figure 6.

Christ Church Cathedral height is notably higher than both these developments.

Figure 4: Approved Concept DA 'Envelope/height plan' noting Building '3 South' within the view corridor from Hunter St Mall to Christ Church Cathedral - Source-Urbis

Figure 5: Proposed Envelope/Height Plan - Source Urbis

Figure 6: View corridor from Market St to Christ Church Cathedral. Source SBJ Architects

The assessment of the proposal was subject to a detailed view impact analysis by the applicant’s consultants, and which has been subject to a comprehensive assessment, including by CNs UDRP as outlined above.

The assessment of view impacts has been completed using the view sharing planning principle from the Land and Environment Court (LEC) case ‘Tenacity Consulting v Warringah Council’ (Tenacity). Tenacity provides a four-step process for the assessment of the impact of a development upon views:

Step 1: Assessment of views to be affected,

Step 2: Assessment of where views are obtained,

Step 3: Assessment of extent of the impact, and

Step 4: Assessment of the reasonableness of the proposal that is causing the impact.

Tenacity establishes views will have different values, for example whole water views are more valuable than partial land views. Further, where in the property the view is obtained is an important consideration in the assessment. The extent of impact is to be assessed qualitatively as either negligible, minor, moderate, severe, or devastating.

The view impact analysis completed is included within the assessment report and can be accessed on the NSW Government Planning Panels, Hunter & Central Coast Regional Planning Panel website at Sec 4.55(2) Modification to DA2017/00701.

The NSW Government Hunter Central Coast Regional Planning Panel (HCCRPP) is the consent authority for both the Modification Application and the Development Application in accordance with

State Environmental Planning Policy (Planning Systems) 2021.

Further information about the NSW Government's HCCRPP is available on CN's website, Hunter and Central Coast Regional Planning Panel page.

• Further information on MA2023/00175 - Section 4.55(2) Modification to DA2017/00701 - Application to modify the Concept Approval is available on the NSW Government Planning Panels, Hunter & Central Coast Regional Planning Panel website at Sec 4.55(2) Modification to DA2017/00701.
• Further information on DA2023/00419 - Mixed use development Iris Stage 3 and 4 is available on the NSW Government Planning Panels, Hunter & Central Coast Regional Planning Panel website at Mixed use - commercial and residential premises.

• State Heritage - Department of Climate Change, Energy, the Environment and Water - Environment and Heritage - P: (02) 9873 8500
• Heritage referral comments - State Heritage Item 'Christ Church Cathedral' - Referral comments are available on CNs DA tracker, DA2023/00419.
• The Government Architect NSW - Endorsement of Design Excellence Competition Brief and Strategy and Jury member on the Design Competition Information on the Government Architect NSW and the Design Competition process can be found NSW Government Planning website, Design Competitions page.
• City of Newcastle - Urban Design Review Panel (UDRP)- Provision of independent expert advice on urban design and amenity. UDRP Chair Phillip Pollard is CNs nominated Jury Member for Design Competitions.  Information on the UDRP can be accessed on CN's website at our Urban Design Review Panel
• NSW Government's Hunter Central Coast Regional Planning Panel - Department of Planning, Housing, and Infrastructure - Sydney and Regional Planning Panels -
  02 8217 2060 or email enquiry@planningpanels.nsw.gov.au.