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Council guide · NSW

Bathurst Regional Council

What a house block can carry in Bathurst Regional Council's area — the dual-occupancy minimums, the granny-flat rule and the C4 controls, read from the Bathurst Regional Local Environmental Plan 2014 on legislation.nsw.gov.au, and whether the state Low and Mid-Rise rules reach here.

not in R2dual occupancy under the LEP
state ruleinside the Low and Mid-Rise area
60 m² or 20%granny flat (the greater)

Dual occupancy (two homes on one lot)

Dual occupancies are prohibited in R2 — the R2 land use table prohibits the whole ‘residential accommodation’ group and lists only dwelling houses and secondary dwellings, and Bathurst Regional is one of the four councils where the state Housing SEPP duplex rule (s 166) does not apply at all (s 164), so there is no state override; prohibited in R3 as well. In R1 a dual occupancy is permitted and cl 4.1B takes the minimum from the LEP's own Minimum Lot Size—Dual Occupancy Map, which this tool does not read yet — a planner confirms (cl 4.1B(4) then lets the pair be split onto lots of any size).

Secondary dwelling (granny flat)

Bathurst Regional LEP cl 5.4(9) — the greater of 60 m² or 20% of the house’s total floor area, parking excluded. Under the state Housing SEPP a granny flat of up to 60 m² can also go through the ten-day complying-development route on a lot of 450 m² or more, with a 12 m frontage, where the land is not flood, bushfire or heritage constrained.

C4 Environmental Living

In the C4 Environmental Living zone: a house is permitted; no dual occupancy; a secondary dwelling is permitted; no semi-detached pairs. The state Low and Mid-Rise rules do not apply in C4.

Low and Mid-Rise

Outside the Six Cities region. The state Low and Mid-Rise rules do not apply in Bathurst Regional Council's area — the Bathurst Regional Local Environmental Plan 2014 and Council's DCP alone govern what a lot can carry. The state granny-flat and Pattern Book routes still apply where the land is not flood, bushfire or heritage constrained.

Constraints that change the answer

Bushfire-prone land (RFS map), flood-control lots, heritage items and conservation areas, and landslip risk all take a lot out of the fast-track routes and into a full DA. Easements, covenants and sewer mains are not on the public maps — a title search and a Sydney Water or council water check are always needed.

Approval routes

  • Complying development (CDC) — a private certifier issues it in days where the design meets every state standard; no neighbour notification.
  • Pattern Book — the NSW pre-approved designs, ten-day approval, subject to survey (slope) and the site tests.
  • Development application (DA) — lodged with Bathurst Regional Council through the NSW Planning Portal; weeks to months, neighbours notified, merit assessment against the LEP and DCP.

Useful links: bathurst.nsw.gov.au · NSW Planning Portal (lodge a DA or CDC, spatial viewer) · legislation.nsw.gov.au (search the LEP by name).

Check a block in Bathurst Regional

Enter the address — lot, frontage, zone, constraints and what it can carry, in about ten seconds.

Suburbs — Abercrombie, Abercrombie River, Arkell, Bathampton, Bathurst, Billywillinga, Brewongle, Bruinbun, Caloola, Charlton, Clear Creek, Colo, Copperhannia, Cow Flat, Curragh, Dunkeld, Duramana, Eglinton, Evans Plains, Fitzgeralds Mount, Fitzgeralds Valley, Forest Grove, Fosters Valley, Freemantle, Gemalla, Georges Plains, Glanmire, Gormans Hill, Gowan, Hill End, Kelso, Killongbutta, Kirkconnell, Laffing Waters, Limekilns, Llanarth, Locksley, Meadow Flat, Milkers Flat, Millah Murrah, Mitchell, Mount Panorama, Mount Rankin, Napoleon Reef, Orton Park, Paling Yards, Peel, Perthville, Raglan, Robin Hill, Rock Forest, Rockley, Rockley Mount, Sallys Flat, South Bathurst, Stewarts Mount, Sunny Corner, Tannas Mount, The Rocks, Triangle Flat, Trunkey Creek, Turondale, Vittoria, Walang, Wambool, Wattle Flat, Watton, West Bathurst, White Rock, Wiagdon, Wimbledon, Winburndale, Windradyne, Yarras, Yetholme.
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