The Planning Proposal

On 23 March 2022, Council endorsed a Planning Proposal to:

• remove the Additional Permitted Uses identified as ‘34’ and ‘35’ from the Bayside Local Environmental Plan 2021.
• retain residential flat buildings as an Additional Permitted Use on six sites zoned R3 Medium-Density Residential and apply Clause 6.10 (Design Excellence) and Clause 6.16 (Preparation of Development Control Plan) of the Bayside Local Environmental Plan 2021 to these sites.

Click here to view the Planning Proposal.

See 'Map of Impacted areas' tab below to view areas impacted by the Planning Proposal.

What is a Planning Proposal?

A Planning Proposal is a draft amendment to a Local Environmental Plan (LEP), which is a plan that determines what land can be used for within a local government area. An LEP gives every property a land use zone with a list of land uses that are allowed and not allowed. In addition to the land uses shown in each zone, LEPs include a list of Additional Permitted Uses (APUs) that only apply to specific properties.

What are APUs 34 and 35?

APU 34 permits multi-dwelling housing and residential flat buildings on certain land in the R2 Low-Density Residential zone.

APU 35 permits residential flat buildings on certain land in the R3 Medium Density Residential zone.

What will this planning proposal achieve?

The planning proposal will:

• harmonise the range of land uses allowed in the R2 Low-Density and R3 Medium-Density Residential zones across Bayside; and
• remove the opportunity for multi-dwelling housing and residential flat buildings to be developed in areas where they are not compatible with lower-density housing.

What land does the planning proposal affect?

The Planning Proposal applies to:

• Areas in the former City of Botany Bay LGA zoned R2 Low-Density Residential (R2) and identified as Item 34 on the APU Maps in the Bayside LEP 2021;
• Areas in the former City of Botany Bay LGA zoned R3 Medium-Density Residential (R3) and identified as item 35 on the APU Maps in the Bayside LEP 2021; and
• Six sites identified to be retained for residential flat buildings zoned R3 Medium-Density Residential:
  • 96A Bay Street, Botany
  • 97 Banksia Street, Botany
  • 70 Macintosh Street, Mascot
  • 10-12 Middlemiss Street, Rosebery
  • 68-80 Beauchamp Road, Hillsdale
  • 68-80 Banks Avenue, Pagewood

How will this Planning Proposal affect your land?

If your land is in the R2 Low-Density Residential zone:

• The R2 Low-Density Residential zone allows for low-density residential development such as single dwellings, dual occupancies and semi-detached dwellings. This proposal will prohibit residential flat buildings (apartments) and multi-dwelling housing (townhouse-style development) within the R2 zone.
• This proposal only applies to applications for new development. It will not affect existing apartments or multi-dwelling housing within the R2 zone.

If your land is in the R3 Medium-Density Residential zone:

• The R3 Medium Density Residential zone allows for medium-density housing such as townhouses. This proposal seeks to prohibit residential flat buildings (apartments) in the R3 zone.
• This proposal only applies to applications for new development. It will not affect existing residential flat buildings within the R3 zone.

Additional information

Bayside Council has been authorised to be the Local Plan-Making Authority (the authority for making amendments to the LEP) because the Planning Proposal is of local significance.

The NSW Department of Planning and Environment must give approval for a new LEP to be publicly exhibited. When considering the Bayside LEP 2021, the department required land uses to be retained via APU 34 and 35 and that they be reviewed following further analysis. This Planning Proposal is being put forward in response to the department's requirements.

Have your say

The Planning Proposal and supporting documentation will be on public exhibition from 8 May 2023 to 30 June 2023.

You can provide your feedback via submission in the following ways:

	Online: Complete the online submission form below.
	Interactive map: If you have location-specific comments, click here to use the interactive map.
	Email: planningourfuture@bayside.nsw.gov.au
	Post: Bayside Council, PO Box 21, Rockdale NSW 2216.

If you make a submission via email or post, please quote reference number F21/655 in your submission.

In accordance with legislative requirements, if you have made a reportable political donation or gift within the past two years, a Disclosure Statement must accompany your submission. Click here to download the Disclosure Statement form.

Next steps

Your feedback will inform the final determination of the Planning Proposal.

Further information

For more information on this proposal, please contact Christopher Lazaro at planningourfuture@bayside.nsw.gov.au or call 02 9562 1627. If you would like to discuss the planning proposal in person with a Council planner, please call 9562 1627 to arrange a time to meet.

Accessibility

For more accessibility features click the purple icon at the top of the page. If you would like the key documents and submission form in another format, please contact us on 9562 1597.