Proposed Montefiore Redevelopment

Urbis, who are acting on behalf of Montefiore, have indicated that a Planning Proposal will be submitted to Council in February 2023.

A Planning Proposal is a document (and supporting material) that explains the intended effect and justification of a proposed Local Environmental Plan (LEP) or amendment to an LEP. 

An LEP is prepared by Council to guide planning decisions and is principally made up of a written document and associated maps. LEP provisions, such as zoning and development standards allow Council to manage the ways in which land is used.

An LEP is prepared in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act 1979), and Environmental Planning and Assessment Regulation 2000.

The LEP has the endorsement of the State Government and cannot be altered without State Government consent.

It is understood that the Montefiore Planning Proposal will likely seek to amend certain provisions of the Hunters Hill LEP, which apply to the Montefiore site (e.g. land use zoning and height of buildings). It is understood that this will seek to facilitate redevelopment of the Montefiore site.

A Gateway determination is a critical stage of the planning proposal process, which seeks to review strategic and site-specific merit. It also establishes whether the planning proposal should proceed to public exhibition and any conditions to be satisfied before the LEP is made or amended.

Through a Gateway Determination, the Minister or delegate decides whether a planning proposal can proceed, either with or without variation.

In summary:

• Council will receive the Montefiore Planning Proposal.
• Council will undertake an initial assessment.
• A report will go to the Local Planning Panel (LPP).
• A report will go to Council – assessment and recommendations – with a Council resolution (amendments may be required).
• The Planning Proposal will then go for Gateway determination (this is a process administered by the Department of Planning and Environment (DP&E) and provides a checkpoint for planning proposals). The DP&E can either issue an approval, refusal or impose conditions during the Gateway determination phase.
• If approved the proposal goes for public consultation, including an exhibition and public hearing phase as applicable.
• A report will then go back to Council with recommendations. A further Council resolution will be required to proceed to finalise the LEP or not to proceed.

For a comprehensive explanation of the planning proposal process, please view our process map.

Council has resolved to conduct a Public Meeting following the receipt of a Planning Proposal and initial assessment of its merits.

Council is also committed to liaise with residents via:

• letter box drops
• articles in eNewsletters
• articles in hard copy newsletters
• information on Council’s social media sites
• a dedicated Project Page on Council’s website with a Q & A
• specific notifications and letters to neighbouring residents.

Council is also committed to meeting with residents regularly (and onsite) to provide updates and receive community feedback.

Formal consultation will also be undertaken as part of the planning proposal process as outlined above.

Timeline of meetings/briefings with Council:

• Council’s planning staff met with Montefiore and Urbis in August 2022 . Council provided Urbis with a link to the Departments, Local Environmental Plan Making Guideline and advised that consultation with Transport for New South Wales (TfNSW) and the Rural Fire Service (RFS) is strongly recommended – noting the site’s proximity to bush fire prone land.
• Representatives of Montefiore and Urbis attended a meeting with Council Officers in November 2022. During this meeting Council outlined likely community expectations in relation to consultation regarding the proposal. It was noted that the community consultation was not adequate and that further efforts will need to be made.
• A Councillor Briefing Session was held on Monday 12 December 2022. Representatives of Montefiore and Urbis attended the meeting and provided a project overview. Council made several requests including; adding an additional setback to the buildings fronting Barons Crescent, giving more notice of engagement activities, and providing the Planning Proposal information to the community prior to officially lodging with Council.

When an LEP is proposed to be amended through a planning proposal, it must demonstrate strategic merit and:

• Give effect to the relevant district plan within the Greater Sydney Region, and/or corridor/precinct plans applying to the site. This includes any draft regional, district or corridor/precinct plans released for public comment or a place strategy for a strategic precinct including any draft place strategy; or
• Demonstrate consistency with the relevant Local Strategic Planning Statement (LSPS) or strategy that has been endorsed by the Department of Planning and Environment or required as part of a regional or district plan; or
• Respond to a change in circumstances that has not been recognised by the existing planning framework.

Factors that lead to responding to a change in circumstances may include, but not exclusively relate

to:

• Key infrastructure investment or opportunity to plan for future infrastructure unanticipated by the existing strategic planning framework.
• Response to key Government priorities – Premier’s Priorities, climate change, or a shift in government policy (e.g. NSW Government’s Net Zero Plan).
• Changes to population and demographic trends.

Any planning proposal that seeks to address these criteria needs to be supported with clear and appropriate technical studies and justification.

Where a planning proposal fails to adequately demonstrate strategic merit then Council is unlikely to progress the proposal, despite any site-specific merit it may have.

For further information in relation to the LEP making process, please view the Local Environmental Plan Making Guideline.