What is the process for the proposed changes?


    Amending the Wagga Wagga Local Environmental Plan:

    The process for changing the Local Environmental Plan (LEP is known as a Gateway Process(External link).

    There are 6 steps in the process:

    1. Lodgement and preliminary assessment by Council (completed June 2019)
    2. Gateway Determination by the Department of Planning Industry and Environment (completed 2 August 2019)
    3. Community consultation (10 August 2019 to present)
    4. Review of submissions and report to Council for determination.
    5. Council has been granted delegation to make the final determination for this proposal. This means that Council will determine whether the planning proposal proceeds as is, is amended or is refused.
    6. The making of the plan – if supported, the Local Environmental Plan is published and becomes Law.

    Amending the Wagga Wagga Development Control Plan 2010:

    To amend the Wagga Wagga Development Control Plan 2010, Council must follow the following general steps:

    1. Councillors endorse draft changes for exhibition purposes.
    2. Council undertake public consultation on proposed changes.
    3. Councillors consider results of consultation and propose to either adopt changes as exhibited, refuse changes or adopt changes with amendments as a a result of public consultation. 

    What is a development control plan?

    The Wagga Wagga Development Control Plan 2010 (DCP) contains controls for the purpose of guiding how development occurs and to set development outcomes.

    What are site-specific development controls?

    Site-specific development controls apply to a certain site or precinct with the aim to address concerns that relate specifically to the site or precinct.

    The site-specific controls are contained within Council's Wagga Wagga Development Control Plan 2010.

    These proposed site-specific controls will apply to the mixed-use precinct bound by Morgan, Murray and Forsyth Streets identified below:

    What is the purpose of the proposed site-specific controls?

    The purpose of the proposed site-specific controls is to address key issues raised with respect to future development within the precinct. 

    The site-specific controls aim to address the following:

    • Traffic and parking
    • Design and layout
    • Height distribution
    • Setbacks
    • Public open space and recreation
    • Stormwater management

    What height specific controls are proposed?

    The controls propose to ensure height of development graduates up from the street edge to the centre of the site to ensure an appropriate transition compatible with neighbouring buildings and streets.

    The following diagrams indicate how the height will be distributed:

    What is proposed?

    Classification map

    The proposal intends to change current zoning and development controls of the Wagga Wagga Local Environmental Plan 2010 (External link). Existing development controls in the Wagga Wagga Local Environmental Plan and Development Control Plan already allows a variety of development to occur on the site. The majority of the site is zoned B4 Mixed Use which allows for residential and commercial development across the site.

    The planning proposal includes the following key changes:

    1.Reclassification of community land.

    Council owns the site known as 205 Morgan Street, Wagga Wagga which is currently utilised by community groups including the Wagga Wagga Veteran & Vintage Motor Club and University of the Third Age.

    The Planning Proposal is seeking to change the classification of the site from “community land” to “operational land”. The key outcome of this is to enable Council to consider whether the land is surplus and dispose of the site.

    Council has previously identified that the Wagga Wagga Veteran & Vintage Motor Club would be relocated in the Recreation, Open Space and Community Strategy 2040. This Strategy as the subject of extensive consultation and endorsed by Council in 2018. More information on this is provided in the section that deals with the reclassification of community land and sale of Council owned land.


    The rezoning component of the planning proposal involves the following:

    i)Rezoning of community land from RE1 Public Recreation Zone to B4 Mixed Use Zone.

    ii)Rezoning of 5 residential lots on the south-eastern corner of Morgan Street from R1 General Residential to B4 Mix Use Zone.

    3. Increase the building height restriction.

    A majority of the subject land is currently restricted to a maximum height of 16m metres. Parts of the subject land have no height restriction.The proposal is to introduce a height limitation of 35m across all land that forms part of the proposal.

    4.Remove the floor space ratio.

    Part of the subject land currently has a maximum floor space ratio of 2:1. The proposal is to remove the Floor Space Ratio provisions.

    The proposal includes a high-level visionary concept plan for future development on the subject land.

    The planning proposal, concept plan, previous Council report and minutes of that meeting and the Gateway Determination can be viewed here(External link).

    What is the purpose of a Concept Plan?


    The planning proposal is supported with a high-level visionary concept plan for the site. The intent of the concept plan is to provide an indicative illustration of what the site could look like in future.

    Final designs of buildings, structures, access and parking etc. will come with the submission of a development application(s). To ensure elements of the concept plan are adhered to, Council should they choose to support the Planning Proposal may elect to develop a set of development controls specific and relevant to the site.

    How will Council ensure development is not significantly different from the Concept Plan?

    Council may elect to develop and introduce site specific development controls to protect against future development that is not consistent with the Concept Plan. These controls would be contained in the Wagga Wagga Development Control Plan and any subsequent development application will be assessed against it.

    If development controls are required, Council will undertake further consultation on the proposed controls once they have been developed.

    Are Council intending to introduce policies and strategies to encourage the use of public transport and a reduction of private vehicle use?

    Yes. Through the Wagga Wagga Recreation, Open Space and Community Strategy 2040 and Wagga Wagga Integrated Transport Strategy 2040, public and active transport are encouraged.

    The plan lists several actions to improve public and active transport. One of actions include the Active Travel Plan(External link) which will provide a commuter cycling network across the city. Council has developed preliminary designs for 10 cycling links that form five strategic cycle networks linking Wagga Wagga's outer suburbs with the CBD. One of the links will pass the subject land.

    Will there be impacts on the surrounding road network? If so, what upgrades are proposed to address the impacts, when will they be completed?

    Yes. The Traffic and Parking Assessment report submitted with the planning proposal indicates the limitations of certain intersections in proximity to the site.

    Council, inconsideration of other projects in the locality are investigating options to solve current and future traffic congestion, road safety and parking issues. It is envisaged that upgrades could be a combination of work to be done by Council and/or by the developer as required as part of the proposed development. This will be considered and discussed with the developer prior to a report being presented to Council to make a determination.

    How will Council ensure that public car parking is not being restricted to individual tenancies?

    The existing concerns and issues related to parking and development on the site will be considered in any future development of the site. Site specific parking controls can be developed to ensure parking is kept available to the public.

    How will parking be accommodated for on site for all users? The concept plan does not show where all future parking will be provided.

    Any development application will need to demonstrate how it will meet the parking requirements set out in the development control plan or where relevant the RMS Guide to Traffic Generating Developments.

    Council may elect to develop site specific development controls for the subject land. This could be used ensure that the parking demand created by the development will be provided and managed on-site. Future development will be assessed against these controls.

    What are the current parking requirements?

    Section 2.2 of the Wagga Wagga Development Control Plan 2010 (External link) sets the requirement for off-street parking for the site.

    It should be noted that any residential building on the site which reaches more than 3 storeys in height will be assessed against the NSW Apartment Design Guide (External link) that requires parking to be assessed under the RMS Guide to Traffic Generating Developments. These parking requirements and calculations are based on the specific land use types and may differ. The final design will determine the required off-street parking at development application stage.

    The Traffic and Parking Assessment report provided for the site indicate that if the Wagga Wagga Development Plan 2010 is used, a total of 1126 parking spaces are required. If the RMS Guide to Traffic Generating Developments are used a total of 1354.3 parking spaces are required. The final total will be determined when a detailed Development Application is submitted.

    Why is the floor space ratio removed?

    Fsr example

    Floor space ratio is a means to distribute the floor area across the site. Scenarios are shown below:

    Floor space ratio does not take into consideration open space or setbacks.

    Existing controls in the Wagga Wagga Development Control Plan 2010 identify minimum setback and open space requirements. These provisions could achieve a better site outcome than the current floor space ratio applicable to the land.

    In some instances, achieving the floor space ratio provisions can result in poorly designed development. Equally a well-designed development may not satisfy a given floor space ratio. 

    Development standards such as setbacks, overshadowing and open space provisions effectively achieve a certain floor space ratio without setting floor space ratio standards in legislation. 

    Can a lower height restriction be considered?

    Yes. Council can alter the intent of planning proposals as a result of community engagement. Where changes are proposed as a result of community engagement, this gets reported to Councillors for adoption prior to finalisation of any proposal.

    How will overshadowing be considered?

    The current Wagga Wagga Development Control Plan 2010 provides a range of controls that aim to reduce shadowing from developments on neighbouring properties.

    Any residential building on the site greater than 3 storeys in height must be assessed against the NSW Apartment Design Guide. These controls provide (External link) specific design criteria including specific development controls to ensure that new development does not cause unreasonable overshadowing.

    Will an increase in height set a new precedent for the city?

    The site provides a unique opportunity for infill development in proximity to the central business area and hospital precinct. An increase of height will optimise the use of the land and relying on a high quality design could provide a positive outcome for the city, particularly considering the expected increase in population of the next 20 years. The same principles could be applied to other sites in the city, however similar to this application, any increase in the height limitation of the Wagga Wagga Local Environmental Plan will require a merit-based assessment and will also be subject to public consultation. 

    What is the current height restriction and why is it proposed to be increased?

    Bulk   scale example

    The current height of building provision allows for buildings on the site to be built up to 16 metres in height. This could allow a building(s) of up to 4 storeys to be built on Murray, Forsyth and Morgan Streets now.

    The proposed change increases this height to a new limit of 35 metres. It should be noted that the concept plan indicates a development scenario with a much lower height and a distribution of several buildings across the site. The plan shows that taller buildings will be located to the centre of the site (it indicates a 7 to 8 storey building to the centre of the site) and which then taper down in height to the surrounding streets. Setbacks are also introduced by the concept plan to address the impacts on surrounding development.

    What are impacts on the heritage area?

    Whilst the site is located outside of the heritage conservation area and there are no listed heritage items on the site, there are opportunities to incorporate design elements from the sites original buildings into the new building design. This has been proposed as part of the concept plan.

    Will the change in zoning change the market value of properties and then the rates?

    The impact on property value is not a planning related consideration and cannot be considered as relevant grounds to object to a planning proposal, however the following information is provided in relation to the implications of zoning change and subsequent change of rates.

    1. For properties identified as part of the proposal

    The Valuer General’s Department undertakes the land valuation process for all local government areas. Under section 6A(1) of the Valuation of Land Act 1916 (the Act) the land, assumed to be vacant, has to be valued on its 'highest and best permitted use'. In most cases this is based on the current zoning and planning restrictions. Land value is the value of the land only - it does not include the value of your home or other structures and improvements. Once the zoning of the land has been determined, properties are then rated based on use, not necessarily on zoning. If a property has changed zoning, which has then affected the land value but the property remains used for residential purposes, under Section 585 of the Local Government Act 1993, property owners can apply for a postponement of rates. Further information can be provided by Council Rates staff in regards to the postponement of rates.

    2. For properties located in proximity of the planning proposal

    No assessment has been undertaken to determine the implication of the zoning change on the surrounding development. However, one could reasonably expect that the redevelopment of the site over time will have a positive impact on property values in the locality, which could result in a change of rates.

    Questions regarding the current value of a property should be directed to the NSW Valuer General on 1800 110 038 or emailed through to valuationenquiry@property.nsw.gov.au

    What is the impact on businesses in Baylis & Fitzmaurice Streets?

    It is not anticipated that the proposed future development will have a significant impact on Baylis and Fitzmaurice Streets.

    The CBD is zoned B3 Commercial Core with the objectives being to provide a range of retail, office, entertainment, community and other suitable land uses that service the needs of the local and wider community.

    The objectives of the B4 Mixed Use zone are to provide a mixture of compatible uses and integrate suitable business, office, residential, retail and other development in accessible locations to maximise public transport patronage and encourage walking and cycling. The key difference is that the B4 Mixed Use zone permits residential apartment buildings which is not permitted in the B3 Commercial Core zone.

    The residential components of future development of the site will provide additional demand for higher order commercial and retail offerings of Baylis and Fitzmaurice Streets.

    Why propose more B4 Mix Use zoning?

    The additional B4 Mixed Use zone for the community land was proposed to provide consistency across the block and facilitate better development outcomes.

    The additional B4 Mixed use for the 5 residential lots is considered an appropriate strategic outcome long term to ensure these lots don’t become isolated within the broader site context. To achieve an integrated design and development of the precinct it is appropriate and practical that the city block has a consistent land use zone applying.