Proposed Montefiore Redevelopment

Update 27 October 2023

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:

  • short notice of engagement
  • parking impacts
  • traffic impacts
  • excessive building heights
  • overall impact
  • precedent being that other local aged care centres will undertake similar development/s.

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:

  1. The Planning Proposal lacks strategic merit and fails to meet site-specific merit and meet relevant Government guidelines and community expectations:
  2. The Hunters Hill Planning Panel highlighted inadequate community consultation and reports (these remain significantly unaddressed). The Local Planning Panel does not support sending the Planning Proposal to Gateway Determination.
  3. The proposed building heights are too high and out of local character.  The proposal needs to be far more moderate in scale and meet the standards of SEPP (Housing) Part 5 Housing for seniors and people with a disability.
  4. There will be serious impacts for the local area from the current proposal, including:
    • A significant increase in traffic in an area where Council’s own Boronia Park Precinct: Local Area Traffic Management Plan found Key Issues, including: Rat running; Traffic speeds and irresponsible driving; Pedestrian safety; and Parking.
    • The site being in an isolated location away from major roads, transport and facilities.
    • The proposed entry to the underground carpark and Loading Dock in Barons Crescent will have impacts on houses opposite and surrounding area.
    • The proposed pedestrian entry near the Synagogue is likely to cause parking impacts in Barons Crescent.
  5. An unprecedented rezoning of residential land to SP2 (Seniors Housing), will set a serious precedent for the Municipality of Hunter’s Hill (and beyond) by allowing zoning and heights that are not consistent with the Hunters Hill LEP.
  6. Residential zoning should be used as:
    • The site does not have existing infrastructure of the kind which is contemplated by the SEPP (Infrastructure). Nor does the Planning Proposal or subsequent development envisage that this will change. The existing and proposed use of the site is residential.
    • The Planning Proposal seeks to avoid compliance with the SEPP (Housing) by characterising the site and its uses as something which they are not; namely infrastructure.
    • Assessment must have regard to the planning principles including, here, the SEPP (Housing).
  7. The Proponent’s right to redevelop is acknowledged, but the proposal must recognise the Design principles set out in Part 5 Division 6 of the SEPP (Housing), including:
    • Neighbourhood amenity and streetscapes, including current character; heritage conservation; and
    • Visual and acoustic privacy.
  8.  The Site Specific DCP is inadequate and will not apply if a future development application is State significant development.
  9. Council has inadequate information to make a well-informed decision to progress the Planning Proposal. Council is of the view that the report by the Director of Town Planning highlights numerous issues with the Planning Proposal where important requirements are either not satisfied or not satisfied to an adequate standard.  These issues must be addressed.
  10. The Planning Proposal is not consistent with the requirements of Hunter’s Hill Future Transport Strategy 2056 being:
    • new development should ideally occur on the major trunk transit network; and
    • new development should ideally occur in proximity to the local centres and transport hubs with the LGA.
  11. Consultation with the community has been inadequate and not addressed since
    • Council’s Resolution 249/22 RESOLVED That Council: 1. Receive and note the resolutions unanimously passed by the residents at the meeting as listed in the attachment to this report; and 2.Resolve that should Council form a view that the proposal have strategic merit Council hold a community consultation meeting at the Town Hall as soon as practicable and before submission by Council for gateway determination; and
    • the Local Planning Panels advice. The Council’s report states “… it is our opinion that the applicant has not adequately consulted the local community. A consideration should ensure that a broader range of community views are sought.”
  12. The Planning Proposal fails to meet key requirements which are a central part of the current Hunters Hill LEP. The LEP has a strategic outcome that is not met in the report “Neighbourhoods Reflect Local Character”.
  13. That Council invite Montefiore to resubmit an alternative proposal consistent with a residential site zoning.


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:

  • Notified the proponent in writing that it does not support the proposal.
  • Failed to indicate its support for the planning proposal within 90 or 115 calendar days (depending on the planning proposal category) of the proponent lodging the planning proposal.
  • Failed to submit the planning proposal for Gateway determination within 28 calendar days after it has indicated support.

27 October 2023: A rezoning review was submitted to the Department of Planning and Environment by the applicant.

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Frequently asked questions

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.

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:

  • 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

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.
  • A pre-lodgement meeting was held with Urbis/Montefiore in May 2023 prior to the PP being lodged on the NSW Planning Portal.

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


  • 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.

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.

The LPP resolved that:

  1. That the Local Planning Panel does not support sending the Planning Proposal to Gateway Determination.
  2. That the Local Planning Panel provides the following advice to Council:
    • Preliminary analysis of technical reports is required;
    • Adequate time for assessment of the Proposal by the Local Planning Panel is needed;
    • There is a need for contextual understanding of the impacts of similar aged care sites within the Municipality;
    • A conservation plan to assess the whole site including the garden and synagogue be prepared by an independent heritage expert;
    • The Panel recommends wider community consultation prior to gateway determination, including providing information on the process of a Planning Proposal and gateway determination.

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.’

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Hunter’s Hill Council

22 Alexandra Street, Hunters Hill NSW 2110
PO Box 21, Hunters Hill NSW 2110
Tel: (02) 9879 9400
ABN: 75 570 316 011