Mine Subsidence Districts in Newcastle

Part of Newcastle is inside a declared Mine Subsidence District, and Subsidence Advisory NSW says you must obtain its approval to build or subdivide within one. Its policy also says any erection or alteration of an improvement needs its approval. No page we read says whether underpinning, restumping or levelling counts.

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What mine subsidence in Newcastle actually involves

The regulator describes districts as areas where there is a potential subsidence risk to developments above ground from underground coal mining, and lists Newcastle among them. It says each property in a district is assigned a specific guideline, that its approval is required for applications on properties assigned Guidelines 1, 1A, 4, 5 or 7, and that councils and accredited certifiers may approve applications that comply with five others without referring them to it. The NSW Planning Portal shows a property's guideline.

A concrete slab with a diagonal crack running across it toward the base of a brick wall — underpinning, Newcastle. Illustrative example.

How the two clocks run

The regulator says an application can be lodged directly with it or as integrated development through the council. It states two decision times: guideline-compliant applications are approved within 7 calendar days of receipt, and merit determinations within 40 calendar days of receipt, unless it asks for more information or the application is an integrated referral. The council's plan words the order differently, asking for approval before a development application is lodged and for stamped plans to go in with it. We record both and resolve neither.

The regulator's Merit Assessment Policy says any erection or alteration of an improvement within a district needs its approval, and its exempt development list, dated April 2023, names no underpinning, pier, stump, levelling or footing work. The council's plan says its provisions are not statutory requirements, and its exempt-development page says plans may need stamping. The Act, the local plan and the state codes that would settle whether foundation repair needs approval could not be read. Ask the regulator, the council or a certifier.