FOKE expresses disappointment in Council abandoning its legal action against the NSW Government and approving its TOD Alternative Plan (with NSW Government Amendments).

Despite the enormous importance of having this decision debated in open forum, the Councillors made the decision ‘behind closed doors’.

Ku-ring-gai Council Resolution as of 18.11.25 (transcribed from video HERE)

CONFIDENTIAL ITEM

GENERAL BUSINESS ITEM 16        

Moved by Cr Kay

Seconded by Cr Wheatley

UNANIMOUS

1. That Council notes that Council’s adopted alternative Transport Oriented Development scheme was largely implemented by the Department of Planning, Housing and Infrastructure on the 14 November 2025 by State Environment Planning Policy Amendment Ku-ring-gai Station Precincts 2025 ensuring:
   
   i. the protection of heritage
   ii. preservation of biodiversity and tree canopy
   iii. protection of the desired future character of Ku-ring-gai
   iv. revitalization of its Town Centres
   
   
2. While Council considers it has strong prospects of having the TOD SEPP declared invalid in its proceedings against the State of NSW, it appreciates that even if it were successful the proceeding themselves would not have led to the outcomes that Council has now been able to achieve.
   
   
3.  While Council acknowledges that the transitional provisions associated with State Significant Developments will not resolve satisfaction, this alone would not justify the continuation of the proceedings in all the circumstances.
   
   
4. That Council accept the offer the State of NSW that the current proceedings in the Land and Environment Court be discontinued on the basis that each party bear its own cost.  The discontinuous be filed at Court with the consent of the State within one business day of the amended maps being published on the spatial viewer in the same form that those maps were provided to Council last week.
   
   

Mayor’s Media Release: Council votes to discontinue legal action against the State of NSW

Published on 19 November 2025

Ku-ring-gai Council has resolved to discontinue the legal challenge to the NSW Government’s Transport Oriented Development (TOD).

At its 18 November meeting, Council unanimously resolved to accept the Government’s offer to discontinue proceedings in the Land and Environment Court.

This follows the decision by the Department of Planning, Housing and Infrastructure earlier this month to implement Council’s alternative TOD scheme.

Ku-ring-gai Mayor Christine Kay said the decision brought certainty to property owners in Gordon, Killara, Lindfield and Roseville.

“Our alternative plan will replace the Government’s former TOD policy and protect important built heritage and tree canopy, while meeting the Government’s targets for new housing in Ku-ring-gai,” Mayor Kay said.

“While there were strong prospects of the TOD SEPP being declared invalid in the Land and Environment Court, this outcome is even better than what could have been achieved if Council was successful in the court proceedings.

“Council’s alternative plan was developed after extensive community consultation and has several advantages over the NSW Government’s TOD. It will help deliver much-needed new housing in a way that responds to community concerns and Ku-ring-gai’s unique area.”

Council resolved to accept the offer of the State of NSW that the current proceedings in the Land and Environment Court be discontinued on the basis that each party bear its own costs.

The discontinuation will be filed at Court, with the consent of the State, within 1 business day of the amended maps being published online.

Council noted that the alternative TOD scheme ensures the protection of heritage, preservation of biodiversity and tree canopy, protection of the desired future character of Ku-ring-gai and revitalisation of town centres.

Council acknowledged that the transitional provisions associated with state significant development were not resolved to its satisfaction but determined that this alone would not justify the continuation of legal proceedings.