FAQs

No. This Planning Proposal seeks an amendment to the Bathurst Regional Local Environmental Plan 2014 (LEP) relating only to the residual land on 34 Busby Street, South Bathurst, being a 2.28 allotment identified as ‘Lot 226’ on the subdivision plan approved under Development Application no. 2020/50. 

Another Planning Proposal has been lodged for similar changes to the LEP at the adjacent site at 50 Busby Street, South Bathurst. These changes are also site-specific. 

The Gateway Determination is a key assessment point for a Planning Proposal. It allows the NSW Department of Planning, Housing and Infrastructure (DPHI) to review the strategic and site-specific merits of a proposal and determine whether the Planning Proposal should proceed to public exhibition stage. The Gateway Determination (if granted) will often include a series of conditions, relating to matters such as:

• The need to seek any additional technical studies.
• The need to make amendments to the proposal.
• The minimum duration and extent of community consultation required.
• The need to consult with other Government Authorities.

At the Ordinary Meeting of Council held on 19 June 2024, Council resolved to forward both Planning Proposals to the NSW DPHI to request a Gateway Determination. Council also identified a series of matters that would need to be included in the conditions of each Gateway Determination (if granted), as summarised below:

1. The preparation and submission of Draft LEP maps in accordance with the relevant technical standards.
2. The peer review of both Noise Impact Assessments by a Council appointed external consultant, prior to the public exhibition of each relevant Planning Proposal.
3. The peer review of both Traffic Impact Assessments by a Council appointed external consultant, prior to the public exhibition of each relevant Planning Proposal.
4. The preparation of Visual Impact Assessments (by the relevant proponents), prior to the public exhibition of each relevant Planning Proposal. The assessments are to consider the cumulative impacts of the full height building envelopes proposed for each development and identify appropriate development controls to mitigate any potential impacts.
5. The preparation of updated Overshadowing Analysis (by each relevant proponent) prior to the public exhibition of each relevant Planning Proposal. The assessments are to consider the overshadowing impacts of the full extent of the proposed building height limits over each site and identify appropriate development controls to mitigate any potential impacts.
6. The preparation of updated Servicing Strategies (by each relevant proponent) to quantify the loading to the water and sewer networks, inclusive of fire protection needs, to enable Council to model implications of each potential development on its network.
7. The preparation of an updated Servicing Strategy to model the proposed stormwater system for the potential development of 34 Busby Street and in particular, identify whether any on-site detention will be required and can be accommodated on site.

Council also resolved to seek a further report on each matter, where the Peer Reviews identify any adverse noise or traffic impacts that cannot be appropriately mitigated and either issue remain unresolved.

Council has not resolved at this stage to adopt either Planning Proposal; rather, it has resolved only to support each Planning Proposal through to the Gateway Determination stage.

Council is not considering the concept master plan as the final design of the development as this is expected to change in response to design guidelines incorporated into the recommended site-specific Development Control Plan (DCP). At this stage, Council is not endorsing the design or final arrangement of building envelopes of the development as presented in the Master Plan.

To ensure design excellence is achieved in the resultant development, it is recommended that a new local provision be inserted in the Bathurst Regional Local Environmental Plan 2014 (LEP), as part of the Planning proposal, that requires a site-specific DCP to be in place before development consent can be granted. 

The site-specific DCP will be developed by Council’s strategic department and in consultation with Council’s Heritage Advisor and other professionals to ensure that viable development with design excellence can be achieved. 

An assessment of the development under the site-specific DCP chapter is likely to alter the final building designs.

The changes that the Planning Proposal is seeking to make to the Bathurst Regional Local Environmental Plan 2014 (LEP) need to be considered against a range of Local, Regional and State planning policies and strategies.

Relevant Local Strategies include:

• Vision Bathurst 2040: Bathurst Regional Local Strategic Planning Statement (LSPS)
• Bathurst 2036 Housing Strategy (Housing Strategy)
• Bathurst Community Strategic Plan 2022 (CSP)
• Policy – Urban Design Excellence – R3 Medium Density and E1 Local Centre Zones
• Bathurst 2040 Open Space Strategy
• Bathurst CBD & Bulky Goods Business Development Strategy 2011 (Retail
  Strategy)

Relevant Regional Plan:

Relevant State Strategies:

• Housing 2041
• Regional Housing Taskforce

Council's initial assessment against this strategic framework (see Council report to the 19 June 2024 Council Meeting in the Document Library) has been completed. As a result, Council has forwarded the Planning Proposal to the Department of Planning, Housing and Infrastructure (DPHI) seeking a Gateway Determination. Council, however, is seeking a peer review of the submitted Traffic and Noise Impact Assessments for the Planning Proposals submitted to both 34 Busby Street and 50 Busby Street. 

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.

Council has recommended that the provision of peer reviews be completed prior to public exhibition 

Importantly, Council must be assured that existing and future activities at the Mount Panorama Racing Circuit are not jeopardised by increased living densities in proximity to Mount Panorama. Council must also be satisfied that the local road network can support the traffic generated from the future development. The Planning Proposal should not proceed if either of these issues remain unresolved.

To access Council’s full assessment of all relevant strategies and policies, please view the Council Report in the Document Library on YourSay. 

There is no set height limit associated with the R3 Medium Density zone. The maximum height of buildings can vary across different zones and across different Local Government Areas (LGAs). A proponent is able to seek to increase the maximum height limit and rezone the land to R3 Medium Density Residential with planning justification in consideration of environmental factors and Council's strategic policies and plans. A Planning Proposal is the method through which amendments to a Local Environmental Plan (LEP) can be considered.

The rezoning, height limit increase, subdivision lot size changes and additional permitted use will remain in the Bathurst Regional Local Environmental Plan 2014 (LEP) and will only apply to this specific site. This means that any future owner can propose to develop the site in accordance with the development controls that apply at that time.

A Planning Proposal does not endorse the Master Plan presented in support of the Planning Proposal. The Planning Proposal only shows a concept plan of how the site might be developed into medium-density residential dwellings. 

Assuming the Planning Proposal proceeds, detailed development controls would need to be prepared and an amendment to the Bathurst Regional Development Control Plan 2014 (DCP) undertaken. The intent of the DCP 2014 amendment would be to insert appropriate standards to ensure final designs (at Development application stage) achieve design excellence.

As part of the site-specific DCP chapter, Council anticipates that design excellence development controls similar to those found in Schedule 9 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP) and the NSW Department of Planning and Environment’s Apartment Design Guide, will be developed and implemented before development consent can be issued on either site.

Council is currently establishing a YourSay page for both Planning Proposals. When the Planning Proposals are formally placed on public exhibition (expected later this year), submissions can be lodged through the YourSay page, or via letter or email direct to Council.

All submissions received will be collated and presented to Council in a submission summary report. The submission summary report, inclusive of a copy of each submission, will be included in the report to Council when it considers finalisation of the Planning Proposals. The submission summary report and all submissions will be publicly available at that time. The submissions will also be referred to the Department of Planning, Housing and Infrastructure (DPHI) for consideration as the Planning Proposals are finalised (stage 6 in the process).

Upon collation of the submissions a decision will be made as to if a Submission Hearing will be held. It is anticipated that this would likely be the case. The role of the Submission Hearing is to enable those who have lodged a submission a further opportunity to heard on the matter.

Following the public exhibition period, Council will consider all public submissions received, as well as any additional technical studies, peer reviews and advice received from other Government Authorities. Final assessment reports will be prepared and presented to Council, at a future Council meeting, for a decision as to whether each Planning Proposal should be adopted (with or without further amendments). The matters would then be referred to the NSW Department of Planning, Housing and Infrastructure (DPHI) for final consideration and the potential making of the Local Environmental Plan (LEP) amendments.

There are two separate owners for the 34 and 50 Busby Street sites, each with their own intentions for their respective sites. During pre-lodgement meetings between Council and the separate proponents, Council encouraged the proponents to work together as they submit their respective Planning Proposals.

Coincidentally the Planning Proposals were lodged within weeks of each other. The timing of lodgement has enabled Council to assess and exhibit both concurrently.

As part of each Planning Proposal package, initial infrastructure assessments have been prepared by each proponent.  

As outlined above Council has requested that the Gateway Determination include provision for:

• The preparation of updated Servicing Strategies (by each relevant proponent) to quantify the loading to the water and sewer networks, inclusive of fire protection needs, to enable Council to model implications of each potential development on its network.
• The preparation of an updated Servicing Strategy to model the proposed stormwater system for the potential development of 34 Busby Street and in particular, identify whether any on-site detention will be required and can be accommodated on site.

Council will seek advice from other relevant infrastructure providers including Essential Energy, Telstra and NBN Co as part of the agency consultation during the public exhibition stage.

The Transport Orientated Development program will not apply to the Busby Street sites because they are not located within 400m of a train station identified in on the Transport Oriented Development Sites Map. The Bathurst Train Station is not one of the identified train stations included in the program.