Three Menangle Park lots are part-zoned public recreation, and Council wants it fixed

Three lots at Abercorn Grove and Binshaw Crescent, Menangle Park, ended up part-zoned RE1 Public Recreation after a 2022 subdivision — a zone that prohibits houses. Campbelltown City Council resolved on 11 August 2026, 13 votes to none, to ask the state government to fix it.

How three residential lots picked up a park zoning

On 28 April 2022, consent was granted for civil works and a subdivision that created nine Torrens title lots as part of Stage 1 of the Menangle Park Urban Release Area. Council’s report says the subdivision “modified the concept road layout of Abercorn Grove by creating a cul-de-sac rather than connecting back towards Binshaw Crescent, resulting in issues for the permissibility of future dwellings.” Three lots backing onto Menangle Road ended up carrying two zones at once — R5 Large Lot Residential and RE1 Public Recreation — because the RE1 land had originally been intended for an open-space walking and cycling link and remains marked on Council’s Land Reservation Acquisition Map.

A development application for a single dwelling at 5 Abercorn Grove, lodged on 26 May 2026, was found during assessment to be sited across both zones. It was withdrawn on 9 July 2026, because a dwelling house is prohibited in the RE1 zone.

What Council resolved

Resolution 215/2026 endorses a request under section 3.22 of the Environmental Planning and Assessment Act 1979 — an expedited amendment pathway that does not involve a Gateway determination — to rezone the RE1 portions of the three lots to R5 Large Lot Residential, and submit it to the Department of Planning, Housing and Infrastructure for determination and plan-making. Council says a standard planning proposal would likely take about 12 months longer.

The amendment would also remove the affected land from Council’s acquisition map, and add an 8.5 metre height limit and a 750 square metre minimum lot size to match the rest of each lot. Council’s report says an open-space active transport link could still be delivered at a reduced width.

As at 3 September 2026, no map amendment covering these lots has appeared on the NSW legislation register, and the Department has not made the plan.

What it means for a household here

If you own or are looking at a lot backing onto Menangle Road in this pocket, a section 10.7 planning certificate and the deposited-plan restrictions on the title — including the Transport for NSW covenant — can both bite even when a lot looks the same as its neighbours. This rezoning removes a zoning prohibition; it does not remove the covenant.

What to watch

Whether the Department of Planning, Housing and Infrastructure makes the amendment, and under what instrument number. The most recent Campbelltown map amendment identified on the legislation register is Map Amendment No. 17, covering different land at Fitzpatrick Street and Racecourse Avenue.