The MLALC objectives for future development of its land are guided by the ALR Act. The ALR Act is underpinned by the principle of self-determination and Aboriginal peoples rights to balance the environmental constraints of development with the economic participation and cultural use of the land by Aboriginal people.

The MLALC requested the preparation of a Development Delivery Plan (DDP) for six parcels of land within the Northern Beaches LGA and the inclusion of these sites in the State Environmental Planning Policy (Aboriginal Land) 2019, now consolidated into Chapter 3 of the State Environmental Planning Policy - Planning Systems 2021 (Planning Systems SEPP).

Step 1: MLALC Land

MLALC undertook a strategic assessment of its land holdings in the Northern Beaches Local Government Area and requested inclusion of a small portion of its land in the State Environmental Planning Policy (Planning Systems) 2021.  This would bring the land into the NSW Aboriginal Land Planning Framework.

Step 2: Development Delivery Plan

The Northern Beaches Development Delivery Plan (DDP) was prepared by the NSW Department of Planning in consultation with the MLALC.

The DDP established the opportunity for the MLALC to utilise its land to gain economic self-determination and provide new housing supply and diversity, whilst managing the environment and maintaining the cultural heritage of these sites.

It is underpinned by a strategic assessment which considered the land-use potential of six MLALC land holdings in the Northern Beaches LGA. Of the six sites included in the DDP for further investigation, only the Patyegarang site in endorsed by the MLALC to be actively investigated.

The strategic intent of the DDP was to deliver on priorities within the North District Plan and facilitate delivery of future land uses and public benefits, including conservation of sensitive cultural and environmental sites and provision of community and educational facilities to showcase Aboriginal heritage within the Northern Beaches LGA.

The DDP assessed the strategic merit of the six MLALC sites on the Northern Beaches to help understand if there was any potential to develop the whole or a portion of the sites.

The Northern Beaches DDP identified:
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- The general objectives of the MLALC for land located in the Northern Beaches LGA
- The planning framework and policy considerations for plan-making for these sites
-  The objectives, priorities, actions, and directions from state and local strategic plans related to these sites
- The strategic justification supporting these sites as the preferred sites in the Northern Beaches LGA to underpin MLALC economic independence
- The applicable environmental, economic, and social considerations to be addressed in future planning proposals
- The design principles guiding future land use changes at these sites, and
- An alternative planning pathway for these sites.

The DDP identified the Patyegarang site in Belrose as having the most potential of MLALC’s sites and the best opportunity for economic return and cultural preservation to benefit members and the broader community. The site is located adjacent to existing urban development and is well serviced.

The DDP is the first step in considering the future use of MLALC land in the Northern Beaches. There will be further opportunities for community participation in the planning process for these sites should a Planning Proposal or DA be submitted.

Step 3: Planning Proposal

A Planning Proposal for the site was submitted to the Department of Planning and Environment in October 2022 and considered by the panel in December 2023 and further considered by the panel in June 2023 to proceed to Gateway.

Detailed planning, technical studies, and assessment of the strategic and site-specific merits of the proposal were undertaken as part of the Planning Proposal.

Comprehensive studies were required to support the Planning Proposal, including biodiversity impact assessments, a bushfire risk assessment and traffic studies to determine suitability for development on the site.

The Planning Proposal was submitted to the Department of Planning and Environment and assessed by an independent Planning Panel.

Step 4: Gateway Determination

A Gateway Determination for the Planning Proposal was issued in June 2023.  

The Minister, through their delegate, has issued the Gateway Determination to enable the planning proposal to proceed to public exhibition.

The Planning Proposal will now proceed to Public Exhibition for a minimum of 30 days as per Department of Planning and Environment guidelines.

The community will have the opportunity to review the facts of the proposal along with all of the technical documentation and make a submission through the Public Exhibition process.

Step 5: Public Exhibition and Finalisation

Following Exhibition, submissions received from the community and stakeholders will be considered, and the Planning Proposal will be updated to respond to issues raised.

The updated Planning Proposal will be submitted to the Department, who will consider the project response to the submissions and undertake a finalisation assessment. Following the finalisation report the Local Environment Plan (LEP) amendment will be drafted by Parliamentary Counsel and once endorsed by the Minister, the amendment will be made.

To see more information regarding Planning Proposal’s please visit:
https://www.planningportal.nsw.gov.au/ppr/under-exhibition/patyegarang-morgan-road-belrose

Step 6: Development Application

Following the finalisation and making of the LEP amendment for the Planning Proposal, a Development Application will be required for any proposed development.

Any development application will meet the legislative assessment and consultation processes that apply to all development in NSW.