Busby Street Planning Proposals

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.

August 2025 Update – Traffic and Noise impact Assessment

Council, at its meeting held 20 August 2025, considered a report that presented the results of the Independent Traffic Impact Assessment, Independent Noise Impact Assessment and associated Peer Review Reports that have been obtained in response to the conditions of the Gateway Determinations for the two separate Planning Proposals lodged in respect of 34 and 50 Busby Street, South Bathurst.

A Fact Sheet has been prepared that provides a summary of the report as presented to Council. The Fact Sheet and the full Council report can be viewed in the document library. The detailed attachments to the Council report can also be viewed in the document library.

The following additional documents have been added to the document library:

• Fact Sheet - Traffic and Noise Impact Assessments for Planning Proposals Lodged at 34 And 50 Busby St, South Bathurst.
• Council report to the meeting held 20 August 2025.
• Clause 7.6 of the Bathurst Regional Local Environmental Plan 2014.
• Traffic Impact Assessment Peer Review Report for 34 and 50 Busby Street, South Bathurst.
• Independent Traffic Impact Assessment for 34 and 50 Busby Street, South Bathurst (appendices are not included due to file size but can be provided upon request).
• Transport for NSW (TfNSW) response to referrals for both Planning Proposals.
• Noise Impact Assessment Peer Review Report for 34 and 50 Busby Street, South Bathurst.
• Independent Noise Impact Assessment for 34 and 50 Busby Street, South Bathurst.
• NSW Environmental Protection Authority (EPA) response to referrals for both Planning Proposals.
• Draft Mount Panorama Environs Map (under clause 7.6 of the LEP).
• Draft Heritage Map (under the Bathurst Regional Local Environmental Plan 2014).

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.