Council response confirms strong opposition to Food & Drink Premises lease

City of Newcastle has now issued a response to submissions received during the public notice period for the proposed Food & Drink Premises lease at the Newcastle Ocean Baths.

Council confirms that 173 submissions were received, with 169 objections (approximately 98%).

The response also acknowledges that many submissions raised concerns about alcohol, commercialisation and impacts on the Baths, including circulation, amenity and the balance between public and commercial use.

In its response, Council characterises these concerns as primarily relating to the broader Stage 2 Development Application (DA2025/01321) rather than the lease itself, stating that matters such as alcohol are to be considered as part of the DA process.

However, the submissions indicate that the community clearly sees the Food & Drink Premises lease, the potential for alcohol service, and the broader redevelopment as closely linked.

At this stage, Council has provided only a high-level summary. The submissions themselves, any detailed analysis, and any explanation of how objections will be considered in decision-making have not been released.

FONOB has lodged a GIPA (Government Information Public Access) application seeking access to:

• the submissions received

• any analysis or reporting prepared by Council

• information on how submissions are being assessed and reported

• clarification of how the lease process relates to the DA and Heritage NSW assessment

FONOB has also kept Heritage NSW informed of these developments as part of their current assessment of the proposal.

Further updates will be provided as more information becomes available.

Read Council’s response to submissions on the Food & Drink Premises lease here

Thank you for your submission regarding the Public Notice on the proposed lease for the Newcastle Ocean Baths Café. We appreciate your involvement in this process and value the feedback provided.

CN received a total of 173 submissions, with 169 submissions lodged as objections. The majority of submissions focused on matters associated with the Stage Two Development Application (DA) (DA2025/01321) for the broader revitalisation of the Newcastle Ocean Baths, rather than the lease conditions themselves. Common themes included:

• Concerns about the potential granting of a liquor licence;

• Increased parking pressures;

• Noise and impacts to local amenity;

• Perceived “commercialisation” of a heritage listed public space; and

• Impacts on circulation, crowding and the balance between public and commercial use

Alcohol service is not included in the lease conditions that were placed on Public Notice. Instead, the operation of a licensed premises is considered within the Statement of Environmental Effects submitted as part of the Stage Two Development Application. A liquor licence, if applied for by a future tenant, would be granted at the discretion of Liquor & Gaming NSW following a separate assessment process. As such, any consideration of alcohol service forms part of the DA assessment process, not the lease condition approval process.

Parking availability and the prioritisation of spaces for different user groups were also raised in submissions. While parking is a broader issue addressed within the Stage Two DA, we acknowledge the concerns raised as part of the Public Notice process. Parking in this inner‑city, beachside location is, and will continue to be highly sought‑after, regardless of the reason for visiting the area.

The Stage Two revitalisation of the Baths includes a café; however, the renewed Baths facilities, upgraded amenities, and improved public spaces are expected to be the primary attraction. For context, the total pavilion footprint (which includes the café, kiosk, amenities and operational areas) is 844 m² within the 20,400 m² site dedicated to public recreation.

Within the pavilion:

• 348 m² is allocated to public amenities (41% of pavilion footprint)

• 139 m² to lifeguard and operational functions amenities (16% of pavilion footprint)

• 147 m² to bookable community space amenities (17% of pavilion footprint)

• 200 m² to the kiosk and café (24% of pavilion footprint; <1% of total site area)

The café and kiosk space has been sized to support a viable operation and adequately service the expected patronage of the Baths.

NEXT STEPS:

The next step in the lease process will involve a report to the Ordinary Council Meeting later this year for Councillors to consider a resolution to approve an application to the Minister to provide consent to the granting of the lease. In accordance with Section 47 (5) of the

Local Government Act 1993, Council must not grant a lease except with the Minister’s consent if objections are received. In order to apply to the Minister of Local Government, a Council resolution is required.

Any application to the Minister would include all submissions received during the notification period for consideration. It should be noted that the application to the Minister is not to approve a specific operator of a café. Rather the Minister is being asked to provide permission for CN to award a 5+5-year lease at the Baths site to be determined in rea future Expression of Interest (EOI) process.

By way of an update, the DA for Stage 2 of the Baths (DA2025/01321) is currently under assessment and the public exhibition period closed on 27 January 2026. The application is classified as Regionally Significant Development, with the Hunter Central Coast Regional Planning Panel (HCCRPP) as the relevant consent authority.

Thank you again for your contribution and for your interest in the future of the Newcastle Ocean Baths.

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