A UNIT complex may be given the green light after Bathurst Regional Council knocked back the initial plans submitted by the developer.
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At Wednesday's ordinary meeting, council will consider an amended development application (DA) from Nemco Design PTY LTD proposing to build nine units in Griffin Street.
Council considered the original DA in August and, despite a recommendation from council staff to approve the plans, councillors opted to defer a decision on the matter.
Deferral was proposed by deputy mayor Ian North, who wasn't satisfied with the proposed density.
"I think they've got to have a chance to be able to, like any applicant, to maybe potentially reconfigure it," he said at the meeting.
In response to council's resolution in August, Nemco has submitted amended plans that reduce the number of bedrooms in the units.
The two three-bedroom units included in the original proposal have been reduced to two-bedroom units, while two units that were intended to be two-bedroom have become one-bedroom units.
That leaves the nine-unit complex with seven two-bedroom and two one-bedroom units.
The external configuration of the proposed buildings remains unchanged from the previous proposal.
While the plans have been amended, they still don't comply with the permissible density for the site, which is 88 persons per site hectare (site equivalent 18.09).
The proposed density is 89.49 persons per site hectare (site equivalent 18.40), down from 107 persons per site hectare in the original proposal.
The applicant has submitted a revised request to vary the density development standard, with the justification for this including the size of the site and that the neighbouring properties "will not be burdened by the higher density".
In his report, director of council's Environmental, Planning and Building Services department, Neil Southorn, said that a variation to density can be supported.
His list of reasons for this includes that the variation is now less than two per cent, that "the suburb of Mitchell is already characterised by one storey, two storey and three storey residential unit complexes", and that the minimum 1.5-metre side setback to the side boundaries is met or exceed for all units.
The applicant has also provided additional sheet of shadow diagrams, which aim to respond to the concerns that were raised about overshadowing.
Mr Southorn's report recommends that council supports the variations to density and that the DA be approved.
