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

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

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.

How can I make a submission?

Council invites written submissions in relation to both Planning Proposals between Monday 17 November 2025 to Monday 15 December 2025. Any submission needs to be lodged with Council by 4.00pm on Monday 15 December 2025 and must include your name and address.

Any submission that you make on either or both proposals may be included without alteration (including names and addresses) in reports that are available to the public in Council business papers.

Council will consider all submissions made to it, but to influence the Council’s decision any submission you make must be relevant and well founded.

Please ensure you indicate in your submission if your submission relates to:

Planning Proposal for 34 Busby St; or

Planning Proposal for 50 Busby St; or

Both Planning Proposals.

Written submissions can be lodged in the submission section below, noting that an account with YourSay is required to use this method. Alternatively, you can email your submission to council@bathurst.nsw.gov.au or post your submission to Bathurst Regional Council, Private Mail Bag 17, Bathurst NSW 2795.

If you have any queries, please contact Council's Manager Strategic Planning, Janet Bingham, or Senior Heritage Planner, Tamsin McIntosh on 6333 6211.

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 for both Planning Proposals.
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 for both Planning Proposals.
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.	Yes. The Planning Proposals cannot proceed unless DPHI has issued a Gateway Determination for each proposal.	Completed for both Planning Proposals.
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.	Completed for both Planning Proposals.
5. Public Exhibition and assessment	To 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. 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.