NO! these Councillors DO NOT SUPPORT the legal action

One Ku-ring-gai Councillor said she would NOT SUPPORT the legal action against the TOD in her FOKE Candidate Statement. The others did not supply answers to our Candidate Questions prior to their election. We believe they too do NOT SUPPORT the legal action

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Architect Dr Elizabeth Farrelly admits she doesn’t know

Elizabeth Farrelly, Architect and Author, will speak at the Housing Crisis Forum on Wed 7 August at NSW Parliament House Theatrette 6.30pm

When FOKE asked Dr Farrelly how she would reconcile TODs destroying Ku-ring-gai’s heritage she admitted “I don’t know”.

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Why the legal action against the TOD is more important than ever

Read the NSW Productivity & Equality Commission’s ‘Review of Housing Supply Challenges and Policy Options for NSW ‘

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NSW Planning public servant reveals her contempt for Ku-ring-gai

Read SMH article ‘Lindfield proposal leads the race under state’s new housing reforms’ by Michael Koziol and Anthony Segaert, 16 October 2024

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NSW Planning’s UNHEALTHY HOUSING FUTURE



How can we trust NSW Planning to deliver a liveable future when it is proposing planning changes that will lead to lower-quality, less sustainable housing, with no trees when we are expecting more intense future heat waves that will put lives at risk?

Read the article Unhealthy, dumbed-down homes. They’re making it the law in NSW by Peter Poulet, Cities Institute Director, published in the SMH October 15, 2024.

Housing is an issue. And all the talk and fury is about how to provide more housing, affordably. Yet right now, the NSW government is proposing and contemplating changes that will lead to lower-quality, less sustainable housing with worse amenities that will result in poorer health for occupants.

And the changes could quite possibly destroy the architecture profession in this state.

High-density housing at The Ponds in western Sydney. Credit:Wolter Peeters

How? Two major “reforms” are coinciding: amendments to building legislation and relaxation of design standards.

First, the Minns government vowed to introduce a single, consolidated building bill to simplify building legislation. So the Home Building Act 1989 (NSW), which has been foundational for 30 years, will be replaced by the Building Bill, a draft of which was released in August. Already, you can see the shift; it’s not about homes, it’s about building or, more bluntly, property development.

The aim is to better regulate building, but the kicker is the registration system for architects will be integrated into the new Building Bill, and the Architects Act will be repealed. Yet, the Architects Act is fundamentally about consumer protection and the accountability of those designing our buildings. Essentially, by introducing registration requirements to most arms of the construction industry to enforce greater accountability, the government is lowering the bar. It may look like it’s homogenising the construction design sector, but it’s cheapening it.

It will allow building designers to be licensed like architects but not bear the responsibility of architects. Architects study for a minimum of five years, sit practice examinations, show professional development throughout their practising career and, most importantly, hold insurance. Serious accountability to ensure consumers are protected. Also, a registration board can deregister or fine them, and it all seems to be working just fine. So why change it, particularly when there are few complaints or deregistrations?

Furthermore, it appears future students needn’t bother with architecture degrees and postgraduate training because they will be able to do a TAFE diploma to do the same job with less responsibility.

It is even possible NSW architects will not be able to practise in other states because their education and registration might not meet the competency standards of the national accreditation body, the Architects Accreditation Council of Australia.

Simultaneously, the government is quickly assessing a NSW Productivity Commission review of housing supply, released last week, which wants to relax design requirements for apartments, including the need for most to have some direct sunlight. Understandably, advocates such as the Committee for Sydney and the Australian Institute of Architects raised concerns about diminished design standards, and I share those concerns.

There seems to be a theme emerging, and as director of the UNSW Cities Institute, I’m worried. Our job is to find better ways forward for our urban environments, to make them healthier, more liveable, equitable and accessible. These moves will send us backwards.

The blithe dismissal of a profession is serious business, particularly when the profession has adapted its education model and thinking to encompass healthier and more sustainable living with consumer protection and satisfaction as its primary focus. Lowering standards is an even more serious business. While some of the commission’s recommendations are logical, the lessening of standards for apartment design is unhealthy. Literally.

Sydney’s problem has not been over-development; it has been poor development.

The real problem of delivering affordable housing of an appropriate standard lies in the segmentation of services driven by a variety of contractual arrangements, all designed to avoid responsibility for poor design and shoddy construction. The proposed legislation aims to be a solution to this mess. The answer, however, is not dumbing down the quality of housing or eliminating the few checks and balances we have.

It all feels particularly counterintuitive in a city still reeling from when a number of our new apartment blocks started cracking and listing a few Christmas Eves ago. The new bill, as it stands, and some of the more worrying commission recommendations will encourage cheap design and harmful standards. While trying to solve the housing problem, they will take us back to the 1990s.

That definitely won’t make housing more affordable. It will make housing of lower standards that is unable, or unwilling, to contribute to better, healthier communities in NSW.

Peter Poulet is the director of the UNSW Cities Institute.

Birds Colliding

What will the birds do when Ku-ring-gai changes?

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“Every place is going to change”

It was confirmed that “Every place is going to change”, whether communities liked it or not, at a recent planning industry forum

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Population Growth is fueling the Housing Crisis

The housing disaster will extend for years if population growth continues to be ignored

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Ku-ring-gai a place of high biodiversity

Ku-ring-gai is a place of high biodiversity. It is one of the few areas of Sydney that still retains its majestic carbon-rich urban forests, tree canopy, bushland valleys and stunning displays of gardens that are wildlife corridors and habitat for unique mammals, birds, reptiles, frogs and insects. It is also surrounded by three national parks.

This is something the NSW Government should celebrate and conserve. Yet the NSW Government is determined to destroy it – even in the midst of a biodiversity crisis.

Watch Ku-ring-gai Council’s Urban Forest EnviroTube below:




What is causing the degradation and loss of Ku-ring-gai’s biodiversity?

  • habitat being destroyed and broken up (fragmented) due to land clearing for houses and apartments
  • introduction of invasive plants, animals, and diseases as a result of urban densification
  • climate change
  • pollution (chemicals, sediments, plastics, light and sound)


Ku-ring-gai is of national significance and should also be protected by the Federal Government.

2020Australia’s Sixth National Report to the Convention on Biological Diversity
July 2022Tanya Plibersek, Federal Environment Minister commits Australia to protecting 30% of its lands and 30% of oceans by 2030
Nov 2022UN climate summit kept alive hopes of limiting global warming to 1.5 degrees Celsius
Dec 2022Australian Government joins 195 other nations in signing onto the adopted the Kunming-Montreal Global Biodiversity Framework (GBF). The target of GBF is to protect at least 30% of the world’s land, freshwater and ocean ecosystems by 2030 (‘30×30’) – a target both the Australian Federal government and NSW Government committed to domestically
Dec 2023NSW Government announced its Transport Oriented Development program, Low to Mid Rise Housing and Dual Occupancies that will effectively upzone Ku-ring-gai by 90% and destroy its tree canopy




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NSW fails NSW’s biodiversity

Despite dire warnings from the NSW Biodiversity Outlook Report 2024, the Minns Government is determined to destroy Ku-ring-gai’s environment

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Hawkesbury: urban densification, population growth & climate change pressure

Tell the NSW Government that the priority threat is their own planning policies. Deadline 24 November 2024

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Hawkesbury-Nepean Coastal Management Program

There will be an information session on the Hawkesbury-Nepean Coastal Management Program on Saturday 19th October 10am – 3pm Sustainable Futures Day, Cameron Park, 5 Eastern Rd, Turramurra

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Revealed: criminals and unlicensed agents operating across Australia’s real estate sector

Convicted criminals and unlicensed agents are operating in the real estate sector across multiple states, a Guardian Australia investigation has found.

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Why is selling a house online so expensive in Australia?

Why isn’t the government challenging the real estate
property monopoly – or duopoly – despite the costs to ordinary Australians?

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Destroy Trees. Destroy Civilisation

The lessons of Easter Island seem to have been forgotten. Destroy trees. Destroy civilisation.

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Entitlement = Tree Vandalism

Developers who vandalise and remove trees to pursue profit should be criminally prosecuted. Read Paul Daley, Guardian Australian collumnist

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More TODs expected for the North Shore

This is why FOKE supports Ku-ring-gai Council’s legal action against the TODs. Who are the candidates who also support it?

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Report recommends even more density

Today the NSW Productivity & Equality Commission’s ‘Review of Housing Supply Challenges and Policy Options for NSW ‘ was released recommending even more TODs across Greater Sydney, including Ku-ring-gai. That’s why Ku-ring-gai’s legal action against the TOD is so important.

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Who will stand up to protect Ku-ring-gai’s heritage?

The NSW Government’s Transport Oriented Development (TOD) will “fatally” weaken Ku-ring-gai Council’s heritage, setbacks and tree canopy controls for Roseville, Lindfield, Killara and Gordon.

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2024 Comenarra Ward election

Candidates answer FOKE Questions

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2024 Gordon Ward election

Candidates answer FOKE Questions

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Labor’s housing plans will fail

Scott Farlow MLC, Shadow Minister for Planning and Public Spaces, spoke at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin’

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Tell Minns he’s dreaming if he thinks upzoning can solve the housing crisis

See what Michael Pascoe, Author & Journalist, said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin on 7 August 2024

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Getting Housing Right without the spin

See what Joseph O’Donoghue said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin’ on 7 August 2024

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Heritage matters even more in a housing crisis

See what Sharon Veale, Heritage Adviser, said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin on 7 August 2024

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Affordable Housing = Heritage

See what Dr Peter Sheridan AM said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin’ on 7 August 2024

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Housing destroys Sydney’s greenspaces and koalas

See what Saul Deane, Urban Sustainability Campaigner, said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin on 7 August 2024

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The three lies about the housing crisis

See what Elizabeth Farrelly, Architect and Author, said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin on 7 August 2024

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Getting Housing Right: Why it Matters – without the spin

See what was said at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin’

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Landlordism is causing the housing crisis

Elizabeth Farrelly, Architect and Author, will speak at the Housing Crisis Forum on Wed 7 August at NSW Parliament House Theatrette 6.30pm

Elizabeth Farrelly, Architect and Author, will speak at the Housing Crisis Forum on Wed 7 August at NSW Parliament House Theatrette 6.30pm

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Heritage is just so important

Sharon Veale, Heritage Adviser, will speak at the Housing Crisis Forum on Wed 7 August at NSW Parliament House Theatrette 6.30pm

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Housing will continue to be dangerously expensive

Michael Pascoe, Author & Journalist, will speak at the Housing Crisis Forum on Wed 7th August at NSW Parliament House Theatrette 6.30pm

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Koalas and Green Spaces

Saul Deane, Urban Sustainability Campaigner, will speak at the Housing Crisis Forum on Wed 7th August at the NSW Parliament Theatrette 6.30pm

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Labor’s housing approach is a failure

Scott Farlow MLC, Shadow Minister for Planning and Public Spaces, will speak at the Housing Crisis Forum on Wed 7th August at the NSW Parliament Theatrette 6.30pm

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Fixing our Housing Crisis

Attend the Forum and hear how to fix our housing crisis without destroying Greater Sydney on Wed 7th August at NSW Parliament Theatrette 6.30pm

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Update on Ku-ring-gai Housing Policy

For those Ku-ring-gai residents attending the Housing Crisis Forum on Wed 7th August at the NSW Parliament Theatrette 6.30pm this Mayoral Minute provides an important update

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A ‘reform’ riddled with holes

Attend the Forum to hear what the Minns Government is not talking about and why on Wed 7th August at the NSW Parliament Theatrette 6.30pm

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Support Disallowance Bill

Please write letters to the Upper House Crossbench calling on them to SUPPORT The Hon. Scott Farlow, MLC & Shadow Minister for Planning’s DISALLOWANCE BILL opposing the Transport Oriented Development (TOD) program across Greater Sydney, including in Ku-ring-gai.  

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Sydney’s ‘land banking’ crisis

Read Greg Callaghan’s article ‘Left to rot: The ‘ghost homes’ scourge in our big cities – amid a housing crisis, Sydney Morning Herald, 13 July 2024

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Vale Don Brew

FOKE member Don Brew (1935 – 2024) was honoured by Ku-ring-gai Council for his fearless and dedicated advocacy for Ku-ring-gai’s heritage.

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Hope – Interim Heritage Order

Ku-ring-gai Council is working hard to protect Ku-ring-gai’s 23 Heritage Conservation Areas.

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It’s YOUR home. YOU don’t have to sell

The Transport Oriented Development and Well-Located Housing SEPPs have triggered a surge of interest among developers, leading to a frenzy of activity akin to a gold rush. Developers are increasingly reaching out to homeowners with offers to secure “Option Contracts” for the future purchase of their land.

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Good news – Lourdes planning proposal rejected

Retirement Village owner, Levande’s amendments to redevelop the Lourdes Retirement Village, 95 Stanhope Road, Killara has been rejected by the Department of Planning following the Sydney North Planning Panel (SNPP) decision in December 2023. Yesterday FOKE received the news they have been rejected by the Minister’s delegate.

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Despair – Low- & Mid-rise Housing & Dual Occupancies

Thanks to all who attended Ku-ring-gai Council’s community forums on the NSW Government’s Low and Mid-Rise Housing plans.  

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Ku-ring-gai’s C.E.W. Bean honoured by UNESCO

Former Co-founder and President of FOKE, Anne Carroll OAM, talked about the life and work of her grandfather, Charles E.W. Bean at the Ku-ring-gai Historical Society meeting on 22 June, 2024.

Charles Bean (1879-1968) was a historian and an Australian war correspondent. He was editor and principal author of the 12-volume Official History of Australia in the War of 1914–1918, and a primary advocate for establishing the Australian War Memorial (AWM). He was also a conservationist as the founder of the Parks and Playgrounds Movement of NSW which he established in 1930.

Many consider Ku-ring-gai as the birthplace of the Australian conservation movement with conservationists such as Charles Bean, Annie Wyatt, Eccleston du Faur, John Sulman, Paddy Pallin, Robert Pallin, Nancy Pallin, Alex Colley, Charlie Veron.

C.E.W. Bean’s diaries, photographs and records are recognised by the National Committee of Australia Memory of the World (AMW) listing. UNESCO Australian Memory of the World (AMW) Program honours documentary heritage of significance for Australia and the world, and advocates for its preservation. Find out more HERE

Trees – a timely reminder

If you missed Ku-ring-gai Councils Tree Forum on 26 March, 2024 it is worthy watching again – especially in light of the NSW Governments ‘deforestation designed’ planning SEPPs

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Minns forgets his “avalanche of many ugly, poorly built developments” speech


FOKE wishes to remind Premier Chris Minns what he said on the floor of the Legislative Assembly on 8 August 2018 about planning for Greater Sydney.


Read the full speech on Hansard

Read Premier Minns and his 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

18 June, 2024

345 Pac Hwy, Lindfield must not set dangerous precedent

See GB.11, Agenda, Ku-ring-gai Council meeting, Tues 18 June 2024 at 7pm HERE

A private Planning Proposal has been received by Ku-ring-gai Council for 345 Pacific Highway (opposite the new Coles development) on the corner of one of the Ku-ring-gai’s most dangerous intersections on the Pacific Hwy, Balfour Road and the Havilah Road underpass.

This Planning Proposal is not supported in its current form.  However the Ku-ring-gai Planning Panel and Council Officers are recommending to allow 12 storey heights & Floor Space Ratio to 3.5: 1 on this site, by amending the Ku-ring-gai LEP.  

Amending the Ku-ring-gai LEP to allow 12 storeys on this site would set a dangerous precedent for all other local centres in Ku-ring-gai, including St Ives.

Currently the KLEP 2015 allows for up to a 9 storey development in this E1 zone.

The TOD SEPP which Council is challenging in the Land and Environment Court  only allows 6-8 storeys on this site and a FSR of 2.5:1.

So why is Council considering amending the Ku-ring-gai LEP to allow 12 storeys?

The proposed amendment will set new height and built upon standards not just for Lindfield but for the whole of Ku-ring-gai.  This is something that should NOT BE SUPPORTED.  

Please send an email to all Ku-ring-gai Councillors

Then copy your email to MPs:

Matt Cross MP davidson@parliament.nsw.gov.au 

Alister Henskens SC MP wahroonga@parliament.nsw.gov.au

11 June, 2024





Forums on Low & Mid-rise Housing


It is important that you attend Ku-ring-gai Councils public forums that will explain the NSW Governments LOW AND MID-RISE housing plans and their potential impacts on your neighbourhood.

The low and mid-rise housing provisions are due to come into effect in mid 2024. They aim to provide Sydney with 377,000 new homes.

They propose terraces and manor houses (two storey apartment blocks) on sites within 800 metres of all train stations, and other major retail areas such as St Ives Shopping Village.

Dual occupancies will also be allowed in most residential zones across NSW, providing a site is larger than 450 square metres. See more information HERE

Register to attend HERE

Gordon Mon 17 June 6.30-8.30pm Council Chambers
Commenara Thurs 20 June 6.30-8.30pm Turramurra Masonic Hall
Wahroonga Tues 25 June 6.30-8.30pm Turramurra Masonic Hall
St Ives Wed 26 June 6.30-8.30pm Christ Church
Roseville Mon 1 July 6.30-8.30pm St Albans Church Hall

READ Low-and Mid-Rise Housing Polich Refinement Paper, Version 1.0 Prepared by DPHI LMR Policy Team, 29 April, 2024 HERE

11 June, 2024

TOD Disallowance Bill


Read more about the TOD Disallowance Bill HERE

Scott Farlow, MLC & Shadow Minister for Planning, has introduced a Private members Bill into the Legislative Council. This Bill is the Environmental Planning and Assessment Act 1979 to enable State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024. The aim is to disallow the Transport Oriented Development (TOD) program that is a blunt and one-size-fits all instruments that will have catastrophic impacts on Ku-ring-gai s tree canopy, environment, heritage and amenity.  

On 5th June 2024, Scott Farlow said:

“The Coalition supports measures, including increasing density along transport corridors, to meet ambitious housing targets, but they must be done right and in consultation with local communities. This has not been the case with the Transport Oriented Development State Environmental Planning Policy, which provided no opportunity for community consultation despite increased community participation being an object of the Act”.

Read FULL STATEMENT HERE

The Bill will be introduced into the Legislative Council.

Please urge MLCs to vote for the TOD Disallowance Bill.

Please ADAPT and EDIT in your own words the letter below:

Then send the email to each member of the crossbench asking them to support the Disallowance Bill.

Their contact emails are HERE



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



18 June, 2024

Ku-ring-gai remains steadfast on TOD legal action

FOKE thanks Ku-ring-gai Councillors who voted to continue the legal action against the NSW Governments undemocratic and environmentally and heritage destructive Transport Oriented Development (TOD) program.

A majority of nine councillors stood steadfast in their support to continue the legal action against the TOD.  

Watch Ku-ring-gai Council meeting HERE.

Since coming into effect on 13 May, 2024, the TOD continues to cause anguish, distress and despair for residents and particularly to those living within 400 metres of Gordon, Killara, Lindfield and Roseville Stations.  

The TOD will allow 6 to 7 storey apartment buildings on most sites within 400 metres of Gordon, Killara, Lindfield and Roseville railway stations.

Residents remain in shock to think that a NSW Government would allow Ku-ring-gai’s unique and irreplaceable heritage and environment to be so willfully destroyed by developers.

Many residents are now being threatened with financial and housing insecurity. Those living within the TOD are being pressured to sell their properties with threats that if they don’t their properties will be devalued.

Ku-ring-gai Councillors know they have no choice but to take legal action.  The NSW Government has shown no indication that they will negotiate with Council.  Instead, Minns appears determined to push through this undemocratic TOD hyper-overdevelopment SEPP that will be catastrophic for not only Ku-ring-gais heritage and environment but NSWs.

It is pleasing to hear that the NSW Liberals are prepared to overturn the TOD program.  

We now have hope that Councils legal challenge and the Coalitions Disallowance Bill will stop the disastrous TOD.

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

11 June, 2024

Stop Crs Spencer & Pettett selling out Ku-ring-gai



Attend Ku-ring-gai Council meeting
Tuesday 4 June, 2024 7pm
Council Chambers 818 Pacific Highway, Gordon (entrance at rear of Council)

Send the message to all Ku-ring-gai Councillors: STAND UP FOR KU-RING-GAI

Email: councillors@krg.nsw.gov.au

Read Crs Spencer & Pettetts Notice of Motion HERE

Cr Cedric Spencer & Cr Jeff Pettett have called for an Extraordinary General Meeting on Tues 4th June 2024 at 7pm to rescind Ku-ring-gai Councils legal action against the NSW Government’s undemocratic, unaffordable and unsustainable rezonings – known as the Transport Oriented Development (TOD) program.

Their actions are irresponsible and go against resolutions councillors have consistently voted for since November 2023.

Legal action is the only power Ku-ring-gai Council has to save ratepayers millions of dollars in infrastructure costs that will come with the rezoning for high density housing in Roseville, Lindfield, Killara and Gordon.


Already developers have announced they want the TOD program to be extended to other areas.  This rings alarm bells for more high density rezonings for Pymble, Turramurra, Warrawee and Wahroonga.  This means more environmental and heritage destruction for Ku-ring-gai—wiping out its tree canopy and heritage conservation areas.

Cr Spencer & Cr Pettett’s motion signals a “green light” for developers to make super profits from what is the largest rezoning ever in the history of Ku-ring-gai and Greater Sydney.

If passed their actions could destroy Ku-ring-gai’s tree canopy, heritage and lead to planning chaos with no additional infrastructure.










FOKE’s evidence to TOD Inquiry


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





FOKE’s evidence to Planning & Climate Change Inquiry 10 May, 2024

FOKE presented evidence to the NSW Parliament Upper House Portfolio Committee No. 7 regarding its inquiry into the planning system and the impact of climate change on the environment and communities on Friday 10 May 2024 at the aks Room, Dee Why RSL, Dee Why from  12.00 pm to 12.45 pm. Appearing alongside FOKE was Friends of Lane Cove National Park Inc.

The Upper House Portfolio 7 Committee consist of:

Chair: Higginson, Sue (GRNS, LC Member); Deputy Chair: Ruddick, John (LP, LC Member); Members: Buttigieg, Mark (ALP, LC Member); D’Adam, Anthony (ALP, LC Member); Farlow, Scott (LIB, LC Member); Munro, Jacqui (LIB, LC Member); Primrose, Peter (ALP, LC Member)


FOKE Introductory Statement

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:



Read full transcript HERE

Read FOKE’s Submission HERE

Watch the Public hearing – PC7 – Planning and the impacts of climate change, 17 June, 2024 HERE

Council takes legal action


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

Ku-ring-gai’s WAKE UP letter to NSW residents

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.

Read full letter HERE

GeoRegion = GeoWonder

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.

    This event was organised by FOKE to celebrate the Australian Heritage Festival 2024.

Grant for GeoRegion

FOKE and Steering Committee members of the Ku-ring-gai GeoRegion project were delighted to attend the Grants Presentation night on 20th February. FOKE sincerely thanks the Board of the Community Bank- Lindfield and Districts, and in particular Board Member and former Ku-ring-gai Council mayor Jennifer Anderson, for nominating the Ku-ring-gai GeoRegion for the grant of $1,000.

In 2018 FOKE initiated a project to add extra protections to, and increase awareness of, Ku-ring-gai’s natural and cultural heritage focusing originally on Ku-ring-gai Chase National Park. This has since developed into a much broader area which includes other protected areas and most of the suburban areas within the municipalities of Hornsby and Ku-ring-gai, and extending to include the Northern Beaches coastline.

The proposal has been endorsed in principle by the Geological Survey of NSW and is supported by the Hornsby, Ku-ring-gai and Northern Beaches councils and the National Parks and Wildlife Service, all of which are collaborating through an established geotrail development group. We are also pleased to know that our project has the full support of State and Federal electorate members of parliament across the GeoRegion including, the current NSW Parliamentary Secretary for the Environment, Trish Doyle MP.

The grant will enable the Steering Committee to develop a website devoted entirely on the Ku-ring-gai GeoRegion which will serve to enhance signage information relating to the existing geotrails and future geotrails, supporting interested visitors, school groups, geology students, and citizen scientists.

We thank the Bendigo and Adelaide Bank Ltd for the wonderful work the Bank does in supporting projects which benefit local communities.

Save Sydney Rally

RALLY Save our Suburb 12th March Sydney Domain Ipm


ON Tuesday 12 March 2024 1pm

AT Tree of Knowledge behind Parliament House, Hospital Road, Domain. Map here.

PROTEST against the new planning laws proposed by the NSW Government.

THREATENS every suburb across Greater Sydney, Blue Mountains, Central Coast, Lower Hunter, Greater Newcastle and Illawarra-Shoalhaven.

BRIING banners identifying your suburb or council area.

SPEAKERS will include MPs, Mayors & Community representatives.

SHARE with your networks, community groups, neighbours, friends and family.

VISIT SAVE GREATER SYDNEY COALITION  Website & Facebook 

CONTACT KATHY COWLEY, President, FOKE, info@foke.org.au for more information



TOD Inquiry Announced

The NSW Parliament has announced an Upper House Inquiry into the Development of the Transport Orientated Development Program (TOD).

Submissions are due on 28 March 2924.

The TOD Program will devastate Ku-ring-gais heritage conservation areas and environmentally sensitive lands particularly the 400 metres surrounding Roseville, Lindfield, Killara and Gordon Stations.

Both the TOD Program and the Low and Mid-rise Housing State Environmental Planning Policy (SEPP) will include a “non-refusal” standard which will disallow Ku-ring-gai Council heritage and environmental controls.

The TODs 3:1 FSR and 6-7 + storey heights (with no minimum lot size or lot width) will effectively wipe out Heritage Conservation Areas and remove critically endangered Blue Gum High Forest (BGHF) and Sydney Turpentine Ironbark Forest (STIF) in Roseville, Lindfield, Killara and Gordon. 

The Upper House Committee consist of:

Chair: Sue Higginson MLC (GREENS)
Deputy Chair:  John Ruddick MLC (LDP)

Members: 
Mark Buttigieg MLC (ALP)
Anthony D’Adam MLC (ALP)
Scott Farlow MLC (LIBERAL)
Jacqui Munro MLC (LIBERAL)
Peter Primrose MLC (ALP)

The Terms of Reference can be found here.

It is critical that as many submissions be sent in by members of the community.

Say NO to NSW Government

Send your submission HERE by deadline Friday 23 February, 2024

Ideas to help you send your submission:

The NSW Minns Government planning ‘reforms’:


  • are grossly UNDEMOCRATIC.

  • are flawed. They undermine the integrity of the entire NSW PLANNING system and will lead to planning chaos.

  • will destroy the character, heritage and environment of Sydney’s diverse suburbs with a “one size fits all policy”.

  • fails to consider local amenity impacts, including overshadowing, loss of privacy, loss of scenic views, loss of streetscape.

  • fail to ensure good quality and good designed apartment buildings.
  • put the interests of property developers before the COMMUNITY.

  • will allow super windfall rezoning profits to be ‘gifted’ to property developers.

  • will not address the housing affordability crisis.

  • will open the NSW planning system to “corruption risk” with the introduction of the ‘non-refusal standards’ (including money-laundering).

  • deny natural justice for those residents living within a  Transport Oriented Development (TOD) with no opportunity to object.  

  • deny natural justice for those residents living across Sydney with the introduction of the Changes to create low and mid-rise housing occurring just before the Christmas, New Year and school holidays.

  • lack transparency and accountability. The Minns Government refuses to release the “Cabinet in confidence“ evidence justifying why Roseville, Lindfield, Killara and Gordon had the necessary infrastructure to take further density.   the TOD to be introduced 400 metres surrounding Roseville, Lindfield, Killara, Gordon Railway Stations can take the increase in density.

  • are environmentally irresponsible when Sydney’s natural ENVIRONMENT is under severe with the escalating threats of climate and biodiversity extinction.

  • fail to acknowledge Sydney’s environment interconnections. Ku-ring-gai is the lungs of Sydney. What happens to Ku-ring-gai’s trees will impact on Western Sydney’s, Northern Beaches, Sydney Harbour’s and the Hawkesbury River’s environmental health.

  • will devastate Ku-ring-gai’s natural environment with the overriding of existing Council protections including Tree & Vegetation Development Control Plan (DCP), Urban Forest Policy, Threatened Species Community.
  • Fail to acknowledge Ku-ring-gai as an environmentally sensitive area.  

  • Fail to acknowledge Ku-ring-gai’s Aboriginal heritage that is a local government area that has one of the most significant Aboriginal sites in Sydney.

  • will push Ku-ring-gai’s Critically Endangered Ecological Communities (Blue Gum High Forest, Sydney Turpentine Ironbark and Duffys Forest) and its wildlife and birdlife to extinction (Federal Environment Protection and Biodiversity Conservation Act).

  • will destroy Ku-ring-gai’s tree canopy. Already Ku-ring-gai’s tree canopy is under serious threat with an 8-9% slash in tree canopy cover. The NSW Housing Strategy will accelerate this destruction. It will destroy the vital wildlife corridor/national park railway line ridge.

  • will have an adverse impact on Lane Cove National Park, Garigal National Park, Ku-ring-gai Chase National Park. As well the integrity of the remaining pockets of intact Blue Gum High Forest at the Dalrymple-Hay Nature Reserve (St Ives), Sheldon Forest (Turramurra) will be placed under pressure. Other bushland reserves include Ku-ring-gai Flying-Fox Reserve (within 400 metres of Gordon Railway Station), Granny Springs Reserve (Turramurra), Swain Garden, Seven Little Australians Park.

  • ignores Ku-ring-gai’s geography. geology and climate. Ku-ring-gai suburbs are located on a thin ‘railway line’ ridge that climbs to about 200 metres and has the highest rainfall in Sydney. There are many creeks running from this ridge east and west, flowing down into either the Lane Cove, Garigal or Ku-ring-gai National Parks. The canopy trees, bushland reserves, gardens are environmentally critical to the survival of these national parks. The NSW housing policies will lead to more intensive hard surfaces.  During high rainfall events this will lead to flash flooding, with pollutants, rubbish and weeds being flushed into the National Parks.
  • will result in wildlife extinction. Ku-ring-gai has more native species than the entire United Kingdom. Ku-ring-gai is a hot bed of biological diversity that supports over 800 native plants, 170 fungi and 690 fauna species (including the threatened species – Grey-Headed Flying Fox and Powerful Owl.

  • ignores the evidence that Ku-ring-gai is one of Sydney’s most ecologically sensitive places.

  • Fail to provide an Environmental Impact Assessment (EIA) regarding the  multiple rezonings since 2004 when the last major rezonings occurred as LEP 194.

  • will demolish Ku-ring-gai’s hard won HERITAGE Conservation Areas that includes the nation’s best 20th Century domestic architecture.

  • fail to acknowledge and respect the character, heritage and environment of a local area. They are blunt, one-size-fits all changes that will irreversibly destroy a community’s liveability, character, heritage and the environment.

  • abrogate NSW’s obligations to protect individual heritage items (eg Eryldene)  and Heritage Conservation Areas . If allowed it means that heritage protection will be extinguished across NSW.

  • will destroy Ku-ring-gai’s heritage where the ‘natural dominates the built form’. Ku-ring-gai’s garden and bushland suburbs will be demolished and replaced with hard surface concrete.

  • fails to recognise Ku-ring-gai’s significance to the Australia’s cultural, natural and environmental pioneer history. Ku-ring-gai is the birthplace of the modern Australian environment movement with environmental pioneers such as Annie Wyatt (founder of the National Trust of Australia), Charles Bean, Eccleston du Faur, Alex Colley, Paddy Pallin.

  • will overwhelm existing ageing INFRASTRUCTRE for stormwater, sewerage and drinking water, train carrying capacity.

  • fails to address the risks that Ku-ring-gai faces from climate fueled bushfires, wild storms and flash flooding.
  • will cause continual traffic congestion chaos. Ku-ring-gai has limited access roads to the Pacific Highway. In an emergency how will the ambulance get to the hospital? Streets will be impassible with additional carparking.

  • are silent on controls to ensure new multistorey developments have net zero emissions with roof top solar and community batteries for the high energy required for lifts and air conditioning.

  • fail to provide the funds to purchase additional land for more parks, playgrounds, green spaces, sporting fields, swimming pools as well as services such as schools, hospitals, libraries and community and recreational facilities.

  • fail to acknowledge that over the past 20+ years, Ku-ring-gai Council’s attempts to strengthen the protection of Ku-ring-gai’s heritage and the environment have been ignored, denied or delayed by the NSW Planning Department (eg 10/50 vegetation clearing rule). Concurrently environment, heritage and local government powers have been significantly weakened. It is time to strengthen urban environmental protections – not extinguish them.