Council has received a new application to amend the provisions of Bathurst Regional Development Control Plan 2014 (DCP 2014) in relation to land known as Lot 1 DP 1130765, 2 Ashworth Drive Kelso (containing the existing “Total Tools” building).

At the Ordinary Meeting of Council held on Wednesday 17 July 2024, Council resolved to prepare a new Draft DCP Amendment (generally in accordance with the proponent’s proposal) and place the document on public exhibition.

PROPOSAL

Current Draft DCP Amendment

The Draft Amendment to DCP 2014 seeks to:

1. Remove an existing 25-metre-wide “Land Use Buffer” which is currently identified over the northern side of the subject land under DCP Map No. 11 – Sydney Road Precinct (North).
   
2. Require that any future development on the northern side of the subject land be setback a minimum of 10 metres from the northern and western boundaries which currently adjoin existing residential properties.
3. Require that a minimum 3-metre-wide “Landscaping Buffer” be established alongside the northern and western boundaries of the subject land, and control the design, location, spacing and treatment of the “Landscaping Buffer” such that it does not adversely impact on neighbouring properties and provides screening to any future commercial development.
4. Establish a Maximum Building Height Limit of 691.5m AHD over the vacant northern portion of the land. This will ensure that the height of any future development would not exceed the ridge line of the existing “Total Tools” building, thereby reducing the degree of any potential overshadowing, privacy, amenity and visual impacts on surrounding residences.
5. Control the design, external colour scheme, materials and signage of any new commercial buildings erected on the land, to minimise visual impacts on the streetscape and surrounding residential area. 
6. Control the design and location of loading/unloading facilities and manoeuvring areas associated with service vehicles, to minimise noise impacts on the surrounding residential area. 
7. Require the preparation of a noise impact assessment for any future Development Application involving “higher impact” land use(s) and/or operations occurring outside of ordinary business hours.

Concept Self-storage Unit Development

In order to demonstrate the practicality of the proposed DCP Amendment, the proponent has submitted Architectural Plans, Landscaping Plans and a Noise Assessment Report for a CONCEPT self-storage unit development on the vacant northern portion of the subject land.

It is important to note that the Plans (for self-storage units) and supporting documentation have not been endorsed by Council and are indicative only. 

The land is currently zoned E3 Productivity Support under Bathurst Regional Local Environmental Plan 2014 (LEP 2014) and any number of permissible land uses and associated building designs could be proposed on the land as part of any future Development Application.

BACKGROUND

Intended Effect – Existing Land Use Buffer

In accordance with the current provisions of Clause 5.14 “Sydney Road Precinct (North)” of DCP 2014, the erection of a building within the Land Use Buffer is not permitted and the buffer is required to be treated with suitable landscaping in association with any future Development Application relating to the land. The intention of this existing DCP provision is to minimise any potential land use conflicts between:

• The subject site – currently zoned E3 Productivity Support under Bathurst Regional Local Environmental Plan 2014 (LEP 2014), and
• The surrounding residential properties located to the north, east and west – currently zoned R1 General Residential under LEP 2014.

Figure 1 – Northern Side of Lot 1 DP 1130765 (2 Ashworth Drive Kelso) (“Total Tools”) Currently Identified as “Land Use Buffer” – DCP Map No. 11 – Sydney Road Precinct (North)

Figure 2 – Northern Side of Lot 1 DP 1130765 (2 Ashworth Drive Kelso) (“Total Tools”) Currently Identified as “Land Use Buffer” – DCP Map No. 11 – Sydney Road Precinct (North)

Past DCP Amendment Application

The proponent has previously applied to Council to amend the provisions of DCP 2014 in relation to the subject land. At the Ordinary Meeting of Council held on 17 August 2022, Council resolved not to adopt that previous Draft DCP Amendment.

Separate consideration of the new application is now being provided by Council.

WHERE CAN I VIEW THE DRAFT DCP AND SUPPORTING DOCUMENTATION?

A copy of the following information is available for viewing in the Document Library:

1. Explanation Document.
2. Draft Amendment to Chapter 5 “Business and Industrial Development” and Chapter 13 “Landscaping and Greening” of DCP 2014.
3. Draft Amendment to DCP Map No. 11 – Sydney Road Precinct (North).
4. Applicant’s Written Request to Amend DCP 2014.
5. Architectural Plans – Concept Self-storage Unit Development.
6. Landscaping Plans – Concept Self-storage Unit Development.
7. Landscaping Design Justification.
8. Noise Assessment Report – Concept Self-storage Unit Development.
9. Report to the Ordinary Meeting of Council held on Wednesday 17 July 2024 (including Attachments).
10. Minutes from the Ordinary Meeting of Council held on Wednesday 17 July 2024.

HOW CAN I HAVE MY SAY?

The Draft Amendment to Bathurst Regional Development Control Plan 2014 is on public exhibition for a period of twenty-eight (28) days between Monday 5 August 2024 and Monday 2 September 2024.

Submissions must be made to Council in writing by 4:00pm on Monday 2 September 2024 via the YourSay website link or email council@bathurst.nsw.gov.au or post to Bathurst Regional Council, Private Mail Bag 17, Bathurst NSW 2795.

Aboriginal Heritage DCP Amendment

Council is proposing to update the Bathurst Regional Development Control Plan 2014 (DCP) in relation to Aboriginal Heritage controls. The intention is to assist in protecting Aboriginal Heritage, and to provide further clarity for development application requirements. 

The proposed amendments are informed by the Bathurst Regional Aboriginal Heritage Study that was completed in 2016. The study included archaeological sensitivity mapping and identified a large number of Aboriginal objects and sites within the Bathurst Local Government Area (LGA). However it is acknowledged that the full extent of Aboriginal archaeology that is located in the Bathurst LGA is not fully known given that most land is under private ownership.

The proposed amendments seek to embed current legislative requirements with respect to Aboriginal heritage assessment into the DCP and to better protect Aboriginal heritage and the 40,000 years of Wiradjuri habitation that predated Bathurst, the first European inland settlement. In addition, the amendments seek to:

• Remove outdated requirements currently in the DCP.
• Link the sensitivity mapping from the Bathurst Regional Aboriginal Heritage Study 2016 to the DCP.
• Provide further clarity in relation to development application requirements.

A summary of the proposed amendments is as follows:

• Provide cultural context for Aboriginal Heritage significance and assessment under the DCP 2014.
• Translate the Bathurst Regional Aboriginal Heritage Study into development controls.
• Define what an Aboriginal object or site of heritage significance means.
• Outline the key assessment reports that may be required and what they involve.
• Explain when Aboriginal heritage investigation may or may not be required.
• Explain what to do when unexpected finds are encountered.

With respect to archaeological sensitivity, a ‘probability of finding archaeological materials’ table is included which links the archaeological sensitivity mapping included in the Study to the DCP 2014. The intention behind this element is to provide an early indication of the breadth of Aboriginal Heritage assessment that may be required and to encourage best practice with respect to siting development.

The proposed amendments do not introduce any new requirements that are not already included in the NSW National Parks & Wildlife Act 1974, the Heritage Act 1977 or the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. 

There is no new DCP map in relation to this amendment. 

A copy of the draft DCP and an Explanation Document is available in the document library.

HAVE YOUR SAY

The community can provide feedback on the draft DCP. Submissions can be made in writing between 4 September 2023 and 4pm on 3 October 2023.

If you would like to talk to Council about the draft amendments, please contact Council’s Environmental, Planning and Building Services Department on 02 6333 6211 or council@bathurst.nsw.gov.au 

To make a written submission:

Complete the online survey below, OR:

In 2014, the Laffing Waters precinct was zoned for residential development under Bathurst Regional Local Environmental Plan 2014 (LEP 2014). At the Ordinary Meeting of Council held on 15 February 2023, Council adopted a Planning Proposal which sought to reconfigure the existing zoning controls that apply to the land to implement the recommendations of the Laffing Waters Master Plan.

The adopted Planning Proposal (LEP Amendment No. 22) was gazetted by the Minister for Planning and Public Spaces on 12 May 2023.

To accompany these changes, Council has now prepared an amendment to Bathurst Regional Development Control Plan 2014 (DCP 2014) and Bathurst Regional Council Guidelines for Engineering Works (Engineering Guidelines).

DEVELOPMENT CONTROL PLAN (DCP) AMENDMENT

The DCP amendment introduces detailed planning controls that will facilitate the subdivision of land and built form of future development within the Laffing Waters Master Plan Precinct, in accordance with the principles and recommendations of the Laffing Waters Master Plan. The DCP amendment will also introduce new controls for the re-levelling (earthworks) of land across the whole of the Bathurst Regional Local Government Area (LGA).

Land Subject to DCP Amendment

The detailed planning controls largely apply to the Laffing Waters Master Plan Precinct, which comprises of the following land:

However, some of the existing development controls which currently apply broadly to residential development throughout the entirety of the Bathurst Regional Local Government Area (LGA) are also proposed to be amended. These controls largely relate to sustainable building design and energy efficiency (Chapter 9) and earthworks and soil and water management (Chapter 16).

Detailed Planning Controls – What changes are being proposed?

The DCP amendment introduces new planning provisions that will largely control the subdivision, re-levelling and future development of land within the Laffing Waters Master Plan Precinct, in order to achieve the aims and recommendations of the Laffing Waters Master Plan. The detailed development controls relate to:

The development controls (primarily outlined in the new DCP Chapter 17) will be accompanied and guided by a new “DCP Map No. 4A – Laffing Waters Master Plan Precinct”, which aligns with the reconfigured Land Use Zones and provides an indicative layout plan for subdivision and urban development within the precinct. The map sets out the road network, active transport network, public transport routes, drainage corridors and basins, open space network and establishes six key Land Use Areas:

ENGINEERING GUIDELINES AMENDMENT

Council’s current Engineering Guidelines were adopted in December 2004 and last amended in September 2011.

Many of the planning controls that are proposed by this draft DCP have generated the need for a major review and amendment of Council’s Engineering Guidelines, as they apply to the whole of the Bathurst Regional Local Government Area (LGA).

Council’s Engineering Guidelines provide minimum guidelines for the design and construction of engineering works within the LGA and facilitate the processing of applications related to the subdivision and development of land. 

In brief, the draft Engineering Guidelines establish minimum specifications in relation to:

The current adopted Engineering Guidelines (2011) will continue to apply to all subdivisions and developments approved prior to the adoption of the newly proposed draft Engineering Guidelines (2023) by Council. Once the new draft Engineering Guidelines (2023) have been adopted, they will apply to all new subsequent Development Applications (including, but not limited to, any submitted in relation to land located within the Laffing Waters Master Plan Precinct).

STAGES OF CONSULTATION / ENGAGEMENT

The table below outlines the stages of community consultation that have been undertaken or will be undertaken as part of the planning for the Laffing Waters Precinct.

HAVE YOUR SAY

The community can provide feedback on the draft DCP and draft Engineering Guidelines. Submissions can be made to Council in writing between Monday 26 June 2023 and Monday 24 July 2023. 

If you would like to talk to Council about the draft amendments, please contact Council’s Environmental, Planning and Building Services Department on 02 6333 6211 or council@bathurst.nsw.gov.au

To make a written submission:

Complete the online survey below, OR:

Helpful Links:

Planning Proposal:

https://yoursay.bathurst.nsw.gov.au/LEPAmendments

Public Consultation Workshops:

It should be noted that Council will be holding the following public consultation workshops in relation to the proposed amendments:

DOCUMENTS AVAILABLE IN THE DOCUMENT LIBRARY:

Council has drafted an amendment to the Bathurst Regional Development Control Plan 2014 (DCP 2014) in relation to secondary dwellings (granny flats) and detached studios.

The purpose of this DCP amendment is to:

1. Provide additional development standards and guidance to ensure secondary dwellings and detached studios are developed in an orderly manner that does not impact on the amenity of the locality in which they are proposed.

The draft Amendment to Bathurst Regional Development Control Plan 2014 (DCP 2014) and associated Explanation Document are available for download from the Document Library.

HAVE YOUR SAY

The draft DCP Amendment is on public exhibition for a period of twenty-eight (28) days between Monday 7 August 2023 and Monday 4 September 2023.

The community can provide feedback on the draft DCP Amendment. Submissions must be made to Council in writing by 4:00pm on Monday 4 September 2023.

If you would like to talk to Council about the draft Amendment, please contact Council’s Environmental, Planning & Building Services Department on 02 6333 6211.

You can also inspect the draft amendment documentation at Council’s Environmental, Planning & Building Services Department, Civic Centre, 158 Russell Street, Monday to Friday between 8:30am and 4:45pm, 

To make a written submission:

Complete the online form below, OR:

Email:  council@bathurst.nsw.gov.au

Post:    Private Mail Bag 17, Bathurst NSW 2795

Council is proposing to update the Bathurst Regional Development Control Plan 2014 (DCP) in relation to land management controls that apply to lands that are now flood protected by the recently completed Perthville Levee. 

The proposed amendments to the DCP will result in Perthville flood protected land being able to be developed in accordance with the existing provisions within the DCP that apply to flood protected land. In particular, new floor levels for any new development will no longer have to be a minimum of 0.5m above the 1% AEP flood level. No land is proposed to be rezoned and no other planning controls will be altered as part of the proposed amendment. 

Please use the document library to view the Explanation document.

The draft Amendment is on exhibition during the period 15 August to 12 September 2022.

Council has received an application to amend Bathurst Regional Development Control Plan 2014 (DCP 2014) in relation to land known as Lot 1 DP 1130765, 2 Ashworth Drive Kelso, which is situated within the Bathurst Regional local government area.

The purpose of this DCP amendment is to:

• Decrease the size of an existing “Land Use Buffer” identified on DCP Map No. 11 – Sydney Road Precinct (North) from 25 metres to 10 metres. The reduced Land Use Buffer will facilitate further future development on the Northern side of the subject land.
• Establish a 9-metre “Building Height Limit” over the area of land which is currently identified as a Land Use Buffer, in order to reduce any potential privacy and overshadowing impacts on neighbouring residential land uses which could result from any future development of the land.
• Establish a 3-metre-wide “Landscaping Buffer” against the Western and Northern boundaries of the land, in order to screen and soften the visual impacts of any future development of the land on the neighbouring residential land uses.

Please use the document library to view the following documents:

• Explanation document
• Current adopted DCP Map
• Current Land Zoning Map
• Draft amended DCP map
• Draft amendment to Clauses 5.14 and 13.3 of DCP 2014

Council is making a range of largely administrative updates and amendments throughout the document and in particular:

• Section 1.11 – updating abbreviations used in the Development Control Plan;
• Section 3.4.6 & 14.3 - Removing references to Section 94 contributions plans and replacing it with Developer Contributions Plans;
• Section 4.7 – Amending the application of the private open space section so that it applies to all residential development; establishing a minimum width for a balcony of 2m; and introducing a standard that the Private Open Space is to be vertically open to the sky;
• Section 5.7.2 – Updating the reference to the Noise Policy for Industry (2017);
• Section 5.11.4 – Correcting the reference to Chapter 12 for advertising signage standards;
• Section 6.3.2 – Updating the reference to the roads authority for Classified Roads;
• Section 9.2.3 (e)(ii)(b) – Update the reference to the “the land and soil capability assessment scheme (second approximation)” reference document;
• Section 9.7.3 – Updating references to the Rural Fire Service’s Protection for Bush Fire Protection (PBP) Guidelines 2019, updates to the table in the section to reference the current requirements, and insert a flowchart from PBP with respect to development on bush fire prone land, 
• Section 9.8.4 – Update the reference documents to SEPP (Koala Habitat Protection) 2021;
• Chapter 13  - Removing references to Clauses 5.9 and 5.9AA of the Bathurst Regional LEP 2014 which have been repealed and include additional items to be shown on landscape plans.

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