FAQs

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 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.

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.