FOKE was invited to give evidence to the NSW Parliament’s Upper House Inquiry into the development of the Transport Oriented Development Program (TOD) on Monday 20 May 2024 in the Macquarie Room, Parliament House, Sydney.
FOKE concluded its evidence calling on the NSW Government to immediately withdraw the TOD program because of the devastation it will cause not only to the natural, built and cultural heritage of Ku-ring-gai but for Greater Sydney.
During FOKEs session from 12.15 pm, Mr Frank Howarth AM (Chair, Heritage Council of NSW); Mr David Burden (Conservation Director, National Trust of Australia (NSW) and Ms Jozefa Sobski AM (Vice President, Haberfield Association Inc) presented evidence as well.
Following FOKE’s presentation the Save Greater Sydney Coalition (SGSC) which FOKE is a member of, presented their evidence. It was a powerful presentation!
Read list of speakers at Upper House TOD Inquiry 20.5.24 HERE
Watch video of FOKE’s evidence to the Upper House TOD Inquiry Hearing 20.5.24 HERE
Read transcript of FOKE’s evidence to the Upper House TOD Inquiry Hearing 20.5.24 HERE
Read FOKEs Submission to the TOD Inquiry 27.3.24 HERE
Read further information about the Upper House Inquiry HERE
Postscript
Read TOD SEPP by:
Paul Scully, MP, Minister for Planning & Public Spaces State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 under the Environmental and Planning Act 1979 HERE
Thank you for the opportunity for Friends of Ku-ring-gai Environment, or ‘FOKE’ as we are known, to comment on Portfolio Committee No. 7’s Inquiry into the NSW planning system and the impact of climate change on the environment and communities.
In speaking about Ku-ring-gai, FOKE wishes to acknowledge the traditional owners of Ku-ring-gai, and that it is on the land of Gammeragal (Roseville) Darramurragal (Turramurra) and Guringai (West Head) Country.
FOKE is a community group, run by volunteers. It celebrates its 30th Anniversary this year. During these three decades FOKE has advocated for the protection of Ku-ring-gai’s natural, built and cultural heritage.
FOKE is deeply alarmed at the state of the current planning system and takes the view that it endangers the lives of residents from the accelerating impacts of climate change. Ku-ring-gai, being surrounded by three national parks, is in a high bushfire prone area and with properties exposed to flood hazard. With escalating climate change Ku-ring-gai will face more frequent, intense and life-threatening bushfires and flooding.
FOKE unreservedly opposes a NSW planning system that weakens environmental protections. Stronger environmental protections at the state and federal level are urgently needed to stem the crisis of biodiversity extinction and the climate emergency.
The increasingly “one-size fits all” NSW planning system needs to be overhauled to ensure planning decisions prioritizes resilience, climate safety and biodiversity conservation. In its current form it offers little protection.
Central to FOKE’s submission is the view that there has, and continues to be, a public policy failure with successive governments’ urban consolidation policies that drive dangerous climate by escalating the environmental crisis through land clearing, deforestation, habitat destruction, loss of canopy and seedbank.
FOKE is deeply concerned that the current NSW planning system and poor controls exerted by planning instruments, continues to profoundly change the landscape of Ku-ring-gai and its critically endangered ecological communities, particularly its remnant Blue Gum High Forest and Sydney Turpentine Ironbark Forest; as well as their capacity to regenerate into the future. It will also destroy Ku-ring-gai’s natural beauty and its urban villages, many of which are located within or adjacent to heritage conservation areas or national parks.
Over 70% of Ku-ring-gai’s Endangered Ecological Communities (EECs) are located on private land.
FOKE takes the view that the survival of these Endangered Ecological Communities are key to the survival of Ku-ring-gai’s tree canopy. Yet these Endangered Ecological Communities are under threat due to the decades of local government powers being weakened.
Since the introduction of external planning panels and the deregulation and privatisation of compliance and enforcement regulators, local governments no longer have the regulatory and enforcement powers to refuse most development applications and ensure the ongoing conservation of its natural environment.
Complying development, SEPPs and substantially weakened legislation have fueled tree removals on private land replacing small houses with oversized ‘McMansion’ type houses and apartment buildings, replacing trees and gardens with hard surfaces and reducing the property’s capacity for deep soil landscaping. Without adequate deep soil landscaping provisions on private property Ku-ring-gai’s Endangered Ecological Communities and canopy cannot survive into the future. Deeply alarming is that there is less than 1% left of Blue Gum High Forest in the world.
FOKE is concerned that current development proposals are assessed in isolation without consideration of the cumulative impacts of previous planning and development decisions and their impacts on the environment.
FOKE calls on the NSW Government to implement a new fit for purpose climate planning system, based on ecologically sustainable development and which uphold the highest standards of biodiversity conservation and climate resilience.
Find list of speakers at Inquiry Hearing on 10 May 2024 HERE
Watch video of FOKE’s evidence at Inquiry on 10 May 2024 HERE or BELOW:
Ku-ring-gai Council unanimously voted to take legal action against the NSW Governments Transport Orientated Development (TOD) State Environment Planning Policy (SEPP) at its Council meeting on Wednesday 8 May, 2024.
The NSW Government’s Transport Oriented Development (TOD) housing policy will “fatally” weaken Ku-ring-gai Council’s heritage, setbacks and tree canopy controls for Roseville, Lindfield, Killara and Gordon.
FOKE remains concerned about the proliferation of defective cookie cutter, apartments that are unaffordable and are unsustainable and environmentally destructive. The NSW Governments top down one-size fits all housing policy is undemocratic, unaffordable and unsustainable.
Despite multiple requests from Ku-ring-gai Council since November 2023 to collaborate on infrastructure outcomes and establish a 12-month extension for appropriate planning, the TOD SEPP comes into effect on Monday 13 May, 2024.
In a media release dated 9 May, 2024, Ku-ring-gai Mayor Sam Ngai argues that “the TOD in its current form will lead to a Swiss cheese effect in our suburbs, with multiple high-rise buildings surrounding heritage properties.”
“We have not taken this decision lightly, but we owe it to residents to fight for our environment and quality of life. Based on our legal advice, we believe we have a strong case and the financial benefits to ratepayers far outweigh the cost,” said Ku-ring-gai Mayor Sam Ngai.
Read Ku-ring-gai Council’s full media release here.
Postscript
Read TOD SEPP by:
Paul Scully, MP, Minister for Planning & Public Spaces State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 under the Environmental and Planning Act 1979 HERE
READ Ku-ring-gai’s open letter to NSW residents, published in early May 2024:
An open letter to NSW residents – WAKE UP
We’ve all heard about the NSW Government’s plans for increased housing. But no-one has heard anything about how our schools, hospitals, roads and parks are meant to support this population growth.
Dr Peter Mitchell OAM will talk about FOKEs fascinating Ku-ring-gai GeoRegion project which celebrates Sydney’s unique geological heritage
When: Saturday 18 May, 2024
Time: 2-4pm
Venue: Roseville Uniting Church, 7A Lord Avenue, Roseville
Includes afternoon tea Free but donation welcome RSVP
For more background information about the FOKE Ku-ring-gai GeoRegon read:
The Ku-ring-gai GeoRegion, a community initiated and supported project of potentially international significance, May 2024 HERE
The Linnaean Societys Review Paper, The Natural and Cultural History of the Ku-ring-gai GeoRegion, NSW by R.J. Conroy, U.A. Bonzol, J.J. Illingsworth, J.E. Martyn, P.B. Mitchell,I.G. Percival, A.M. Robinson, D.F. Robson, and J.B. Walsh (2022) HERE
Dr Peter Mitchell is a former Associate Professor and Head of Department of Physical Geography at Macquarie University.