On 27 October 2023, Council was notified that Montefiore had submitted a Rezoning Review to the Department of Planning and Environment:
Hunter’s Hill Council’s Local Housing Strategy, adopted in early 2021, identified the potential for the Montefiore site to contribute toward future housing needs for the retirement and aged care sector. The Strategy identified the Montefiore site as one that is able to accommodate additional density.
Further to this, Montefiore developed a vision which outlined the provision of age in place, consisting of additional independent living units and beds at the Montefiore Boronia Park site. This vision requires a proponent led pathway to amend the Hunters Hill LEP.
Montefiore then held a community consultation session. Residents raised concerns regarding:
Montefiore then lodged a Planning Proposal (PP) with Council in February 2023. In this instance, because there was no pre-lodgement meeting and scoping study prepared, Council determined to reject the PP request.
It is important for any proponent to consider the processes set out in the Department of Planning and Environment’s Local Environmental Plan Making Guideline, including preparation of a scoping study and pre-lodgement meeting with Council and other relevant agencies prior to any re-lodgement of a PP.
Montefiore then re lodged a PP in May 2023. This PP was considered by the Local Planning Panel (LPP) and Council in June 2023.
A further report was presented to Council at the Extraordinary Meeting of 12 September 2023 following further assessment of technical reports. Council resolved the following:
That Council does not support the Montefiore Planning Proposal for the reasons set out below:
February 2023: Completed – Montefiore lodge a Planning Proposal (PP) with Council. In this instance, because there was no pre-lodgement meeting and scoping study prepared, Council determined to reject the PP request.
May 2023: Completed – Montefiore lodge a PP with Council following a pre-lodgement meeting and preparation of a scoping study. Council accepts the PP request.
June 2023: Completed – Local Planning Panel (LPP) consider the Montefiore PP and do not support the PP going through for a Gateway Determination. In addition, the LPP provide additional advice that further technical reports, additional time, and wider community consultation should be undertaken.
June 2023: Completed – Report to Council
July/August 2023: Completed – Further technical review of planning proposal documentation.
12 September 2023: Completed – Extraordinary Council Meeting where Council resolved to not support sending the PP through to the State Government for a Gateway determination.
The proponent may request a rezoning review, which allows the proponent to request an independent planning panel evaluate and recommend to the Minister whether a proposal should progress to Gateway determination. This can only occur after the lodgement of the planning proposal with Council, and council has:
27 October 2023: A rezoning review was submitted to the Department of Planning and Environment by the applicant.
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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:
For a comprehensive explanation of the planning proposal process, please view our process map.
When a date for a Community Meeting has been set the community will be notified. Additionally, broad community engagement will take place prior to the public exhibition and assessment stage should the PP proceed through each stage. This will consist of:
Timeline of meetings/briefings with Council:
When an LEP is proposed to be amended through a planning proposal, it must demonstrate strategic merit and:
Factors that lead to responding to a change in circumstances may include, but not exclusively relate
to:
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.
Yes, Montefiore lodged a PP via the NSW Planning Portal on 26 May 2023.
Yes, a scoping study was provided to Council in addition to a pre-lodgement meeting being held.
Appendix B Urban Design Report Masterplan Visual Impact Report
Appendix C Services and Infrastructure Report
Appendix D Detailed Site Investigation Report
Appendix E Preliminary Arborist Report
Appendix F Transport Impact Assessment
Appendix G Community Needs Assessment May 2023
Appendix H Engagement Outcomes Report
Appendix J Economic Impact Assessment
Appendix M Site-Specific DCP May 2023
Montefiore Planning Proposal Update August 2023
Planning Proposal Report August 2023
Appendix B Urban Design Report, Masterplan and Visual Impact July 2023
Appendix C Services and Infrastructure Report August 2023
Appendix D Detailed Site Investigation Report August 2023
Appendix E Preliminary Arborist Report V1
Appendix F Transport Impact Assessment August 2023
Appendix G Community Needs Assessment August 2023
Appendix H Engagement Outcomes Report V1
Appendix J Economic Impact Assessment August 2023
Appendix L Archaeology Report V1
The LPP resolved that:
Resolution of Council 26 June 2023:
That the Hunters Hill Council supports the recommendations set out below:
(A) That Council receive and note the Planning Proposal – Sir Moses Montefiore Jewish Home, Hunters Hill.
(B) That further review and detailed assessment of the following technical reports supporting the Planning Proposal be undertaken:
(i) Arboricultural Assessment prepared by Arterra Design dated 2 February 2023;
(ii) Baseline Archaeological Assessment prepared by Urbis dated 19 November 2021;
(iii) Bushfire Assessment prepared by Peterson Bushfire dated 18 May 2023;
(iv) Community Needs Assessment prepared by Urbis dated 25 May 2023;
(v) Detailed Site Investigation prepared by Aargus dated 30 September 2022;
(vi) Economic Impact Assessment prepared by Urbis dated February 2023;
(vii) Heritage Assessment and Opportunities and Constraints prepared by Urbis dated November 2021;
(viii) Landscape Concept Report prepared by Oculus dated February 2023;
(ix) Services Infrastructure Report prepared by Stantec dated 9 September 2022; and
(x) Transport Impact Assessment prepared by Urbis dated 30 January 2023; and
(xi) Urban Design Report prepared by Jackson Teece dated February 2023.
(C) That subject to (B), a report be prepared for Council’s consideration on the outcomes of the assessment of the Planning Proposal and future directions to amend Hunters Hill LEP.
(D) That Council receive and note the recommendations of the Hunters Hill Local Planning Panel provided at their meeting of 22 June 2023.
(E) Subject to (B) and should Council consider the Montefiore Planning Proposal to have strategic and site-specific merit, a community consultation meeting be held at the commencement of the public exhibition and assessment phase providing the community with adequate notice to the community.
Extraordinary Meeting of Council on 12 September 2023 – see the Council Meetings page for links to the business paper report and attachments.
The next step is for the Montefiore PP to be considered by Council following further assessment of technical reports. If Council does not resolve for the PP to proceed for a Gateway determination, then Montefiore can request a Rezoning Review by an independent planning panel. Therefore, Council will take no further part in the assessment of the PP prior to any associated Gateway determination.
However, should Council resolve that the PP proceed for a Gateway determination, the PP will then be considered by DPE. DPE may then issue a Gateway determination to proceed. DPE may also determine any required conditions.
An important phase following Gateway determination is the public exhibition and assessment stage – engaging with the community. This is the stage where public submissions can be lodged and considered.
At the conclusion of the public exhibition and assessment stage, a report will then be considered by Council. A resolution is required to proceed with the finalisation of the PP.
At the Council Meeting held 26 June 2023 Council resolved:
‘Should Council consider the Montefiore Planning Proposal to have strategic and site-specific merit, a community consultation meeting will be held at the commencement of the public exhibition and assessment phase providing the community with adequate notice to the community.’
22 Alexandra Street, Hunters Hill NSW 2110
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We acknowledge that The Wallumedegal people of the Eora Nation are the Traditional Custodians of this land.