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.