Proposed Montefiore Redevelopment

Update: 6 May 2024

The Montefiore Planning Proposal has been issued a gateway determination by the NSW government, to proceed to the next stage of the rezoning process, subject to conditions.

The planning proposal seeks to amend the Hunters Hill Local Environment Plan (LEP) 2012 to accommodate additional density for seniors housing.

The Sydney North Planning Panel is appointed as the Planning Proposal Authority (PPA). The NSW Minister for Planning or an appointed delegate is the Local Plan-Making Authority.

The NSW Government advised that the PPA should aim to commence the exhibition of the Planning Proposal as soon as possible, noting the updates required as part of the conditions prior to public exhibition. Council has also been advised that the proposed LEP amendments are to be finalised within 12 months of the Gateway Determination (on or before 5 May 2025).

Hunters Hill Council rejected this Planning Proposal at its September 2023 Ordinary Council Meeting.

Council will continue to keep the community informed.

Update: 22 December 2023

Hunter’s Hill Council was advised on Monday 19 December 2023 by the Sydney North Planning Panel that the Planning Proposal for the Sir Moses Montefiore Jewish Home site will proceed to a Gateway determination.

The Montefiore Planning Proposal seeks to amend the Hunters Hill Local Environment Plan (LEP) 2012 to accommodate additional density for seniors housing.

Hunter’s Hill Council rejected the Planning Proposal at its September 2023 Council Meeting. The proponent, Urbis Pty Ltd on behalf of the Sir Moses Montefiore Jewish Home, requested an independent planning panel evaluation.

The Sydney North Planning Panel determined that the planning proposal demonstrated strategic and site-specific merit and should proceed to a Gateway determination.

Under the Environmental Planning and Assessment Act 1979, the Panel appointed itself as the Planning Proposal Authority (PPA) for this Planning Proposal.

The Panel will now forward the Planning Proposal through to the Department of Planning and Environment to seek a Gateway determination, which is expected to take up to 25 days.

Following this, the PPA will have the opportunity to analyse the proposal and action any conditions issued by the Gateway determination prior to public exhibition. All of the documentation for public exhibition and consultation will be compiled by the PPA.

Council will not oversee the exhibition and consultation phase. Feedback relating to the planning proposal will be managed by the PPA and the Department of Planning and Environment as applicable.

As soon as further information becomes available about the timeframe and process of lodging feedback, Council’s website will be updated.

Gateway determination stage overview

Public exhibition and assessment stage overview

Update: 27 October 2023

A rezoning review was submitted to the Department of Planning and Environment by the applicant. The NSW ePlanning Portal Reference number is: RR-2023-24

Background

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.