50 Busby Street Planning Proposal

Project Finalisation

At Council’s ordinary meeting held on 18 February 2026, Council moved an amendment to:

1. not proceed with the Planning Proposal in relation to 50 Busby Street, South Bathurst as exhibited;
2. adopt instead a Planning Proposal in relation to 50 Busby Street, South Bathurst which amends the Bathurst Regional Local Environmental Plan 2014 to:

1. rezone the subject land to the R3 Medium Density zone on the land zoning map;
2. apply a minimum lot size for dwellings of 1,300m2 on the Minimum Lot Size map;
3. remove the minimum allotment size relating to dual occupancy developments on the minimum lot size dual occupancy map;
4. apply a graduated height limit across the site with a mix of 12m, 11m and 9m height limits consistent with the diagram in section 6.2.2 (Option C) of this report on the Height of Buildings map;
5. include an Additional Permitted Use under Schedule 1 to permit food and drink premises to a maximum 150m2 gross floor area per premises and a total gross floor area on site of 300m2;
6. include 50 Busby Street, South Bathurst as land subject to the provisions of clause 7.6 Mount Panorama Environs under the Bathurst Regional Local Environmental Plan 2014;
7. include a new local provision in part 7 of the Bathurst Regional Local Environmental Plan 2014 requiring site specific Development Control Plan provisions to be in place before a development application can be considered for development on the subject land; and
8. extend the Bathurst Heritage Conservation Area over the whole of 50 Busby Street on the heritage map;

3. forward the revised Planning Proposal for 50 Busby St, as described in (b) above, to the NSW Department of Planning, Housing and Infrastructure to seek advice on whether further community consultation is required (in accordance with section 3.35 of the Environmental Planning and Assessment Act 1979) or, if additional consultation is not required, for gazettal;
4. note that if the Department of Planning, Housing and Infrastructure directs further community consultation, that a report will be submitted to Council to further consider this matter following the additional exhibition period;
5. commence preparation of an amendment to the Bathurst Regional Development Control Plan 2014 to introduce site-specific Development Control Plan provisions to manage the future form of development as recommended throughout this report;
6. note that Council will seek independent expert advice to support the preparation of the development control plan provisions;
7. notify those who lodged a submission of Council’s decision; and
8. call a division.

A copy of the Council Report with meeting minutes can be found in the Documents Library.

Next Steps

As Council resolved to proceed with a Planning Proposal (as amended), Council has sought clarification from NSW Department of Planning, Housing and Infrastructure (DPHI) and confirmed that further community consultation is not required under section 3.35 of the EP&A Act 1979. Council is now finalizing the Planning Proposal package for submission to NSW DPHI for the LEP amendment to proceed to gazettal. Note that the draft LEP amendment is subject to legal drafting and Council staff will review advice provided by the NSW Parliamentary Counsel to ensure the intent of the amendment remains as adopted by Council.

In tandem, Council will develop a site-specific Development Control Plan which will be publicly exhibited and must be in place prior to the lodgement of any Development Application on the site.