Proposed changes to land use in certain areas of former Botany Bay local government area

The Bayside Local Environmental Plan 2021 (LEP) outlines what you are allowed to build on your land, and details planning controls such as land use zones and building height limits. 

Land use zones are applied by Bayside Council to allow or not allow different types of development in our area.  

The type of development allowed in an area creates its character, whether that’s industrial, high density residential, or a shopping precinct.   

Land use zones don’t allow certain land uses where they are not compatible with other land uses.  Factories or high-rise apartments can’t be built in a zone where the community decides an area should be a low-density residential suburb. 

Three residential zones are available to Bayside Council if we wish to create areas with different housing density and character. These are: 

• R2 Low Density Residential 
• R3 Medium Density Residential  
• R4 High Density Residential.  

The Bayside LEP provides a complete list of all permitted and prohibited land uses within each land use zone.  

R2 Low Density Residential zone  

• Dwelling houses
• Dual occupancies and semi-detached dwellings (duplexes)  
• Secondary dwellings (granny flats) 
• Attached dwellings (terraces / row houses) 

R3 Medium Density Residential zone   

Multi-dwelling housing (townhouses), and other residential uses listed in the R2 zone above.  

R4 High Density Residential zone   

Residential flat buildings (apartments), and other residential uses listed in the R2 and R3 zones above

Nearly all residential development types were permitted in the R2, R3, and R4 residential zones under the former Botany Bay Local Environmental Plan 2013. 

This created an inconsistent framework for developing different types of character that the community expects, and for how residential zones are applied across Sydney. 

This inconsistency was found while reviewing controls across the entire area to prepare the Bayside LEP 2021.  

We decided to amend the uses allowed in residential zones to be consistent across Bayside, and with accepted good planning practices.   

You will not have to move house, the proposal only affects future developments and doesn’t apply to existing buildings or developments.  

Bayside Council is not proposing to buy any properties through this planning proposal. 

The LEP includes extra clauses that allow specific land uses that are not otherwise permitted in land use zone. These clauses are referred to as Additional Permitted Uses (APUs). There are 40 different APUs across our whole area affecting a variety of sites.  

APU 34 – Use of certain land in R2 Low Density Residential zone for multi-dwelling housing (townhouses) and residential flat buildings (apartments). 

APU 34 applies to all R2 zoned land within the former Botany Bay Council area. 

This clause allows sites currently used for non-residential purposes to be redeveloped into multi-dwelling housing or residential flat buildings. 

This clause does not apply to sites currently used for residential purposes.  

By removing this clause, residential development types permitted in the R2 zone will be representative of the zone objectives. 

APU 35 – Use of certain land in R3 Medium Density Residential zone for residential flat buildings (apartments). 

APU 35 applies to all R3 zoned land within the former Botany Bay Council area. 

This clause permits residential flat buildings to be built on all R3 zoned land within the former Botany Bay Council area.  

By removing this clause, residential development types permitted in the R3 zone will be representative of the zone objectives. 

A planning proposal is a document that explains proposed changes to land use zones or planning controls within the Bayside Local Environmental Plan (LEP). 

Once a planning proposal has received support from Council and the Department of Planning & Environment, it is able to go on public exhibition. This is a period of typically 28 days and allows the community to view the planning proposal and make any comments before we formally make the change to the LEP.  

The planning proposal will: 

Remove Additional Permitted Use Clause 34 from the LEP, which currently allows apartments and townhouses to be built on non-residential sites in the R2 Low Density Residential zone.  Apartments and townhouses and not currently allowed on land in the R2 zone this is already occupied by a residential building. 

Remove Additional Permitted Use Clause 35, which currently allows apartments to be built in the R3 Medium Density Residential zone. 

Retain the ability for apartments to be built on the following six sites (all zoned R3): 

• 96A Bay Street, Botany 
• 97 Banksia Street, Botany 
• 70 Macinotsh Street, Mascot 
• 10-12 Middlemiss Street, Rosebery 
• 68-80 Beauchamp Road, Hillsdale 
• 68-80 Banks Avenue, Pagewood 

You have received a letter because either Additional Permitted Use 34 or 35 applies to your site. This means, all residents who live on land zoned as R2 or R3 in the former Botany Bay Council were contacted to advise of this proposed change to the LEP.  

We would like to hear if you have any concerns about the Planning Proposal. If you do have concerns, you can lodge a submission by 4.30pm on the 30 June 2023  

APU 34 applies to your site if your property is located in the R2 Low Density Residential zone.  

The Planning Proposal will not affect your current situation if you live at your property or it is used for residential purposes. APU 34 only applies to sites not used for residential purposes.  

If your property is not currently used for residential purposes, you would no longer be allowed to build multi-dwelling housing or residential flat buildings as a result of the planning proposal. 

APU 35 applies to your site if your property is located in the R3 Medium Density Residential zone.  

You would no longer be able to build a residential flat building (apartments) on your site. This change will only affect new developments and will not impact any existing apartment buildings. Your existing apartment is unaffected by the change.  

Provide your comments or feedback to us by:

• Writing – PO Box 21, Rockdale NSW 2216 
• Email – planningourfuture@bayside.nsw.gov.au
• Have Your Say  

Lodge your submission before public exhibition ends at 4.30pm, 30 June 2023. 

We will prepare a ‘Response to Submissions Report’ once the public exhibition period closes. The report will identify the key themes raised in the submissions and is an opportunity for us to refine the planning proposal if necessary. Once completed, we will report the planning proposal to Council for finalisation.

The planning process is complicated, and it can be hard to communicate the proposed changes in a way that is easy to understand. 

You are welcome to contact a Council Planner on 9562 1627 to discuss the proposal further or arrange a time to discuss this matter in person.