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

An Explanation Summary of the Planning Proposals and all lodged and amended documentation can be viewed for each proposal on their respective pages:

Both Planning Proposals were placed on public exhibition for a period of 28 days from 17 November 2025 to 15 December 2025. Council received submissions from 104 persons in relation to either one or both of the Planning Proposals. Council also received a paper and a digital petition in relation to the Planning Proposals. A Submissions Summary, which summarises key issues that were raised, and copies of all submissions made, including the petitions, can be found in the Documents Library for the corresponding Planning Proposal.


View the Planning Proposals in 3D

The envisaged master plan model of 50 Busby Street and the envisaged building envelopes and master plan footprint for 34 Busby Street can be viewed on the Bathurst Digital Twin. With the assistance of NSW Spatial Services, the Bathurst Digital Twin is provided as a tool for the public to understand potential visual and overshadowing impacts that may result from both Planning Proposals.

After entering the site, please ensure that you wait for the 3D graphics to load.


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.


StagePurpose/IntentActionsIs it a legislated requirement?Status
1. PrelodgementWhat 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 for both Planning Proposals.
2.Planning Proposal AssessmentThe 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 for both Planning Proposals.
3. Gateway DeterminationDPHI 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.Yes.

The Planning Proposals cannot proceed unless DPHI has issued a Gateway Determination for each proposal.		Completed for both Planning Proposals.
4. Post-GatewayCouncil 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.		Completed for both Planning Proposals.
5. Public Exhibition and assessmentTo consult with the community, key authority and government agencies.

All 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.		Underway for both Planning Proposals.
6. FinalisationFinal 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

An Explanation Summary of the Planning Proposals and all lodged and amended documentation can be viewed for each proposal on their respective pages:

Both Planning Proposals were placed on public exhibition for a period of 28 days from 17 November 2025 to 15 December 2025. Council received submissions from 104 persons in relation to either one or both of the Planning Proposals. Council also received a paper and a digital petition in relation to the Planning Proposals. A Submissions Summary, which summarises key issues that were raised, and copies of all submissions made, including the petitions, can be found in the Documents Library for the corresponding Planning Proposal.


View the Planning Proposals in 3D

The envisaged master plan model of 50 Busby Street and the envisaged building envelopes and master plan footprint for 34 Busby Street can be viewed on the Bathurst Digital Twin. With the assistance of NSW Spatial Services, the Bathurst Digital Twin is provided as a tool for the public to understand potential visual and overshadowing impacts that may result from both Planning Proposals.

After entering the site, please ensure that you wait for the 3D graphics to load.


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.


StagePurpose/IntentActionsIs it a legislated requirement?Status
1. PrelodgementWhat 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 for both Planning Proposals.
2.Planning Proposal AssessmentThe 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 for both Planning Proposals.
3. Gateway DeterminationDPHI 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.Yes.

The Planning Proposals cannot proceed unless DPHI has issued a Gateway Determination for each proposal.		Completed for both Planning Proposals.
4. Post-GatewayCouncil 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.		Completed for both Planning Proposals.
5. Public Exhibition and assessmentTo consult with the community, key authority and government agencies.

All 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.		Underway for both Planning Proposals.
6. FinalisationFinal 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: 22 Dec 2025, 02:25 PM