Urban Digest

Newcastle HDA Scheme Seeks Height Uplift for 13-Storey Tower

February 7, 2026

Street-level view of a proposed 13-storey residential tower with curved balconies and brick podium, located on Darby Street, Cooks Hill.

A proposal now on public exhibition could reshape a prominent Cooks Hill corner with a $114.8 million mixed-use development by Vivacity Property Pty Ltd. The State Significant Development application (SSD-82276964), lodged with the NSW Department of Planning, Housing and Infrastructure, seeks approval for a 13-storey tower and an 8-storey building—well above the 14-metre height limit set by the Newcastle LEP. Through a concurrent rezoning process, the project aims to increase permissible height and floor space ratio, presenting a key opportunity to explore higher-density living, heritage considerations, and urban renewal in a strategically located civic precinct.

Tower Plans for Darby Street

The application covers a 3,566m2 site at 47 Darby Street, Cooks Hill. It proposes demolition of existing structures, mine grouting, and construction of two buildings: the Darby Street Building (13 storeys/44.99m, 85 apartments, 231m2 retail) and the Tyrrell Street Building (8 storeys/27.7m, 28 apartments). The total gross floor area is 12,409m2, with a proposed floor space ratio of 3.48:1. Parking includes 107 resident spaces and 2 retail spaces in the Darby Street Building, and 42 resident plus 4 visitor spaces in the Tyrrell Street Building. Bicycle parking and communal open space are also included. Construction is expected to employ 270–300 workers.

Proposed 13-storey Darby Street tower by Vivacity Property, now on exhibition under the NSW Housing Delivery Authority pathway.

Rezoning and Planning History

Redevelopment of the site has been under discussion since at least January 2025, when Vivacity Property met with City of Newcastle planning officers to explore options for a significant uplift. Council acknowledged the site’s strategic location and housing potential but flagged that the scale of variation sought—up to 45 metres in height—was beyond what could be justified under existing LEP exceptions. Council also objected to demolition of the existing warehouse, citing its contributory heritage value under the Newcastle DCP, and recommended a heritage assessment.

In December 2024, the NSW Government’s Housing Delivery Authority (HDA) introduced a streamlined SSD pathway with concurrent rezoning. Vivacity’s proposal was declared SSD in April 2025. The initial expression of interest specified a 6–12 storey scheme with 114 dwellings, a 39% FSR increase, and a 221% height increase, setting the stage for the current application.

Height and Density Challenges

The most immediate pressure point is the proposal’s scale. At 13 and 8 storeys, the buildings would tower over the 14m height limit and 2.5:1 FSR set by the Newcastle LEP. The proponent argues that the uplift is justified by the site’s city centre location, proximity to Civic Park and the Art Gallery, and alignment with state and regional housing targets. However, the concurrent rezoning process will require scrutiny of whether the urban design, massing, and transition to surrounding residential and heritage areas can deliver the “design excellence” claimed. Council’s earlier advice and the site’s position within a heritage conservation area mean that built form, overshadowing, and visual impact will be closely examined.

Heritage Value Under Scrutiny

Demolition of the existing warehouse remains a live issue. Council previously opposed its removal, citing its status as a contributory building in the Newcastle DCP and the need for “irrefutable evidence” of lost significance or structural instability. The applicant’s heritage assessment finds no loss of high-significance heritage fabric and low archaeological potential. However, the site’s location within a heritage conservation area and proximity to Civic Park and the Art Gallery means the heritage argument will be a central test for the scheme.

Affordable Housing Approach

The scheme promises a monetary contribution to Newcastle’s Affordable Housing Contribution Scheme, rather than on-site affordable dwellings. The application highlights alignment with the Newcastle Housing Policy 2022 and Local Housing Strategy 2025, citing the provision of diverse apartment types and accessible dwellings. The social impact assessment points to benefits for housing supply, local business activation, and public domain quality. The effectiveness of monetary contributions versus direct delivery of affordable housing may be debated during assessment.

Public Exhibition and Assessment

The application is on public exhibition, with submissions invited. Following exhibition, the scheme will be subject to further assessment, agency referrals, and determination by the Department of Planning, Housing and Infrastructure.