Busby Street Planning Proposals

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What's happening?

Council has received two Planning Proposals for 34 Busby Street and 50 Busby Street, South Bathurst. The sites are adjacent to each other but the Planning Proposals were submitted as two separate proposals by two separate proponents, each seeking similar amendments to the planning controls under the Bathurst Regional Local Environmental Plan 2014 (LEP 2014).





The amendments propose provisions to support a greater density of dwellings on each site, including:

  • the rezoning of land to R3 Medium Density Residential
  • the increase of building heights being:
    1. to 12m for townhouses on the 50 and 34 Busby Street sites
    2. to 16m for the apartment building on the 50 Busby Street site
    3. to 18m for an apartment buildings on the residual site at 34 Busby Street
  • amendments to minimum lot size for subdivision
  • additional permitted use for floor area restricted food and drink premises

If you would like to find out more about each of the proposals, please navigate to the respective projects which are linked on the right side of this page.

What has Council done so far?

A preliminary assessment of the documentation submitted with each of the Planning Proposals has been undertaken and presented to the Ordinary Council Meeting on 19 June 2024 where Council resolved to forward both proposals to the NSW Department of Planning, Housing and Infrastructure (DPHI) requesting a Gateway Determination of the Planning Proposals.

A ‘Gateway Determination’ is a preliminary assessment by DPHI of each proposal to determine if the proposals can progress to public exhibition, and if so, what conditions need to be met either before or as part of the public exhibition process. In considering this matter Council requested several conditions be imposed before public exhibition commences.

Gateway Determination has been received for both Planning Proposals. Council must now ensure that the relevant conditions of the Gateway Determinations are met before public exhibition can commence.

On 14 November 2024, Council received an amended Planning Proposal and amended Master Plan submitted by the applicant for the Planning Proposal relating to 34 Busby St. The amendment has resulted in the Height of Buildings control being reduced from 18m to 12m for the majority of the land with the exception of the south-western corner where an 18m apartment building remains to be proposed.

Given that the amended Planning Proposal still proposes changes to the Height of Buildings controls and Land Use Zone, the applicant must proceed to address the conditions as per the Gateway Determination prior to public exhibition.

Importantly, at this stage, Council is NOT endorsing:

  • The design of the development of each site.
  • The proposed building envelopes that might eventuate to increase building height.
  • The resultant residential density.

The reports for each Planning Proposal to the June 2024 Council meeting and the Gateway Determination documents are included in the document library.

How can I make a submission?

Council is treating the two proposals separately. Submissions for each proposal will be invited during the public exhibition period which is not expected to commence until later this year/early 2025.

If you would like to be notified or register your interest for when the public exhibition commences for both Planning Proposals, please enter your email in the 'Stay Informed' section on this page.

Stages of a Planning Proposal

The table below outlines the 6 key stages of a Planning Proposal that have or will be undertaken as the Planning Proposals proceed. Further information about the process to amend a Local Environmental Plan are available at the Department's Local Plan Making Guidelines:

https://www.planning.nsw.gov.au/sites/default/files/2023-03/lep-making-guideline.pdf

Council's Community Participation Plan guides how Council will exhibit the Planning Proposals:

https://www.bathurst.nsw.gov.au/files/assets/public/v/2/council/plans-policies/bathurst-regional-community-participation-plan-am-3.pdf

These documents are available in the document library.


Stage
Purpose/Intent
Actions
Is it a legislated requirement?
Status
1. Prelodgement
What is the LEP amendment and what should be included in the Planning Proposal.
The proponent sought and received Council's preliminary requirements for the Planning Proposal.
No.

Prelodgement consultation with Council is usual practice and recommended by the NSW Local Plan Making Guidelines.
Completed.
2.Planning Proposal Assessment
The proponent prepares and lodges the Planning Proposal.

Council reviews and assesses the Planning Proposal against local Strategic Plans and Policies. Council must decide whether to support and submit the Planning Proposal to DPHI for a Gateway Determination.
Report presented to 19 June 2024 Council meeting.

Council resolved to forward the Planning Proposals to DPHI for Gateway Determination.
Yes.

Council must assess the Planning Proposal and ensure consistency with Strategic Plans and Policies.
Completed.
3. Gateway Determination
DPHI assesses the strategic and site-specific merit of each planning proposal and issues a Gateway Determination.

The Gateway Determination specifies if the Planning Proposals may proceed and whether consultation with authorities and government agencies is required.

The Gateway Determination also specifies the minimum period for public exhibition.
The Planning Proposals have been forwarded to DPHI.

Council is awaiting the Gateway Determinations for each Planning Proposal..
Yes.

The Planning Proposals cannot proceed unless DPHI has issued a Gateway Determination for each proposal.
Completed.
4. Post-Gateway
Council reviews the Gateway Determination and actions any required conditions prior to the public exhibition.
Council must ensure relevant conditions of the Gateway Determination are met.
Yes.

The Planning Proposal cannot be publicly exhibited until all relevant conditions of the Gateway Determination have been satisfactorily met.
Underway for both 50 Busby and 34 Busby Street.
5. Public Exhibition and assessment
To consult with the community, key authority and government agencies.

Al relevant conditions of the Gateway Determination must be met for public exhibition.

The Planning Proposals are exhibited and notified in accordance with the procedures outlined in Council's Community Participation Plan (CPP).

All adjoining landowners will be notified of the exhibition period.

Depending upon the submissions received Council may hold a Submission Hearing (see Council's CPP).

Council must consider all submissions received.
Yes.

Council must exhibit the Planning Proposal for a minimum of 28 days or for the minimum period specified in the Gateway Determination.
Not yet commenced.
6. Finalisation
Final assessment of the Planning Proposal considering all submissions received to determine if Council supports finalisation of the Planning Proposal.
A report is presented for formal consideration at a Council meeting.

If Council supports finalisation of the Planning Proposal, the draft LEP amendment is prepared, reviewed (legal review) and the LEP amendments are made and notified (in Government Gazette).
Yes.

The Minister for Planning (or delegate) makes all amendments to a LEP.
Not yet commenced.


What's happening?

Council has received two Planning Proposals for 34 Busby Street and 50 Busby Street, South Bathurst. The sites are adjacent to each other but the Planning Proposals were submitted as two separate proposals by two separate proponents, each seeking similar amendments to the planning controls under the Bathurst Regional Local Environmental Plan 2014 (LEP 2014).





The amendments propose provisions to support a greater density of dwellings on each site, including:

  • the rezoning of land to R3 Medium Density Residential
  • the increase of building heights being:
    1. to 12m for townhouses on the 50 and 34 Busby Street sites
    2. to 16m for the apartment building on the 50 Busby Street site
    3. to 18m for an apartment buildings on the residual site at 34 Busby Street
  • amendments to minimum lot size for subdivision
  • additional permitted use for floor area restricted food and drink premises

If you would like to find out more about each of the proposals, please navigate to the respective projects which are linked on the right side of this page.

What has Council done so far?

A preliminary assessment of the documentation submitted with each of the Planning Proposals has been undertaken and presented to the Ordinary Council Meeting on 19 June 2024 where Council resolved to forward both proposals to the NSW Department of Planning, Housing and Infrastructure (DPHI) requesting a Gateway Determination of the Planning Proposals.

A ‘Gateway Determination’ is a preliminary assessment by DPHI of each proposal to determine if the proposals can progress to public exhibition, and if so, what conditions need to be met either before or as part of the public exhibition process. In considering this matter Council requested several conditions be imposed before public exhibition commences.

Gateway Determination has been received for both Planning Proposals. Council must now ensure that the relevant conditions of the Gateway Determinations are met before public exhibition can commence.

On 14 November 2024, Council received an amended Planning Proposal and amended Master Plan submitted by the applicant for the Planning Proposal relating to 34 Busby St. The amendment has resulted in the Height of Buildings control being reduced from 18m to 12m for the majority of the land with the exception of the south-western corner where an 18m apartment building remains to be proposed.

Given that the amended Planning Proposal still proposes changes to the Height of Buildings controls and Land Use Zone, the applicant must proceed to address the conditions as per the Gateway Determination prior to public exhibition.

Importantly, at this stage, Council is NOT endorsing:

  • The design of the development of each site.
  • The proposed building envelopes that might eventuate to increase building height.
  • The resultant residential density.

The reports for each Planning Proposal to the June 2024 Council meeting and the Gateway Determination documents are included in the document library.

How can I make a submission?

Council is treating the two proposals separately. Submissions for each proposal will be invited during the public exhibition period which is not expected to commence until later this year/early 2025.

If you would like to be notified or register your interest for when the public exhibition commences for both Planning Proposals, please enter your email in the 'Stay Informed' section on this page.

Stages of a Planning Proposal

The table below outlines the 6 key stages of a Planning Proposal that have or will be undertaken as the Planning Proposals proceed. Further information about the process to amend a Local Environmental Plan are available at the Department's Local Plan Making Guidelines:

https://www.planning.nsw.gov.au/sites/default/files/2023-03/lep-making-guideline.pdf

Council's Community Participation Plan guides how Council will exhibit the Planning Proposals:

https://www.bathurst.nsw.gov.au/files/assets/public/v/2/council/plans-policies/bathurst-regional-community-participation-plan-am-3.pdf

These documents are available in the document library.


Stage
Purpose/Intent
Actions
Is it a legislated requirement?
Status
1. Prelodgement
What is the LEP amendment and what should be included in the Planning Proposal.
The proponent sought and received Council's preliminary requirements for the Planning Proposal.
No.

Prelodgement consultation with Council is usual practice and recommended by the NSW Local Plan Making Guidelines.
Completed.
2.Planning Proposal Assessment
The proponent prepares and lodges the Planning Proposal.

Council reviews and assesses the Planning Proposal against local Strategic Plans and Policies. Council must decide whether to support and submit the Planning Proposal to DPHI for a Gateway Determination.
Report presented to 19 June 2024 Council meeting.

Council resolved to forward the Planning Proposals to DPHI for Gateway Determination.
Yes.

Council must assess the Planning Proposal and ensure consistency with Strategic Plans and Policies.
Completed.
3. Gateway Determination
DPHI assesses the strategic and site-specific merit of each planning proposal and issues a Gateway Determination.

The Gateway Determination specifies if the Planning Proposals may proceed and whether consultation with authorities and government agencies is required.

The Gateway Determination also specifies the minimum period for public exhibition.
The Planning Proposals have been forwarded to DPHI.

Council is awaiting the Gateway Determinations for each Planning Proposal..
Yes.

The Planning Proposals cannot proceed unless DPHI has issued a Gateway Determination for each proposal.
Completed.
4. Post-Gateway
Council reviews the Gateway Determination and actions any required conditions prior to the public exhibition.
Council must ensure relevant conditions of the Gateway Determination are met.
Yes.

The Planning Proposal cannot be publicly exhibited until all relevant conditions of the Gateway Determination have been satisfactorily met.
Underway for both 50 Busby and 34 Busby Street.
5. Public Exhibition and assessment
To consult with the community, key authority and government agencies.

Al relevant conditions of the Gateway Determination must be met for public exhibition.

The Planning Proposals are exhibited and notified in accordance with the procedures outlined in Council's Community Participation Plan (CPP).

All adjoining landowners will be notified of the exhibition period.

Depending upon the submissions received Council may hold a Submission Hearing (see Council's CPP).

Council must consider all submissions received.
Yes.

Council must exhibit the Planning Proposal for a minimum of 28 days or for the minimum period specified in the Gateway Determination.
Not yet commenced.
6. Finalisation
Final assessment of the Planning Proposal considering all submissions received to determine if Council supports finalisation of the Planning Proposal.
A report is presented for formal consideration at a Council meeting.

If Council supports finalisation of the Planning Proposal, the draft LEP amendment is prepared, reviewed (legal review) and the LEP amendments are made and notified (in Government Gazette).
Yes.

The Minister for Planning (or delegate) makes all amendments to a LEP.
Not yet commenced.


Page last updated: 18 Nov 2024, 10:44 AM