About the Planning Proposal

The Planning Proposal at 34 Busby Street, South Bathurst, proposes to deliver an increased supply of townhouses comprising of 2-3 bedrooms for a total of 72 new dwellings, and an apartment building which will provide 50 dwellings across 1-, 2- and 3-bedroom formats. Overall the amended Planning Proposal’s projected dwelling yield is 122 dwellings, a reduction from 218 dwellings (44% reduction).

Based on the amended proposed number of dwellings, the Planning Proposal proposes a population increase of 284 persons residing on the site, reduced from 505 persons (43% reduction).

The Planning Proposal seeks to contribute significantly to housing diversity and choice in a location close to community and educational facilities and within reasonable proximity to the CBD. Whether the Planning Proposal is able to deliver affordable dwellings is a matter that is not easily determined at this time given that amenity and market factors, and the noise attenuation that may be required to mitigate potential impacts from the Mount Panorama Racing Circuit may influence the price point above acceptable affordability levels. Nonetheless it will improve housing diversity and choice.

An Additional Permitted Use (APU) under Schedule 1 of the LEP is sought to support the inclusion of retail premises to enable food and drink premises which would otherwise be prohibited in the proposed R3 Medium Density Residential zone.

Council has recommended that the APU should be specific to enable food and drink premises only and should be restricted to a maximum floor area of all food and drink tenancies on the site to no more than 300m². Individual tenancies are recommended to be a max of 150m² consistent with the floor area limitation imposed on a neighbourhood shop. The recommendation for the treatment of the APU is consistent with the LEP amendment proposed at the adjacent 50 Busby Street site.

Council has assessed the Planning Proposal as being generally consistent with Council, State and Regional strategic plans and strategies.

Council’s assessment of the Planning Proposal has, however, highlighted the need for independent Peer Reviews/Independent Assessments of the submitted Traffic and Noise Impact Assessments to ensure the Planning Proposal is consistent with the objectives of the Bathurst 2036 Housing Strategy and Vision Bathurst 2040 – the Bathurst Region Local Strategic Planning Statement (LSPS). The Peer Reviews are recommended to ensure Council fully understands:

• The potential impacts of noise from the Mount Panorama racing circuit on the proposed development and whether any impacts can be appropriately mitigated.
• The potential for noise impacts from the new medium density housing on the existing residential neighbourhood.
• The potential for noise impacts from the adaptive reuse of the former St Joseph's Mount (Logan Brae) site on adjoining proposed medium density housing and vice versa.
• The ability for the local road network to support traffic generation from the proposed development.

To ensure design excellence is achieved, Council is seeking the inclusion of a new local provision to be inserted in the LEP, as part of the Planning Proposal, that requires a site-specific Development Control Plan (DCP) to be in place before development consent can be granted. As part of the site-specific DCP chapter, Council anticipates that design excellence development controls similar to those found in Schedule 9 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) of the NSW Department of Planning and Environment's Apartment Design Guide, will be developed and implemented before development consent can be issued on the site.