Transport Oriented Development (TOD) preferred scenario update                  

File: S14427

The purpose of this Mayoral Minute is to update Council and the community on the current situation since Council adopted the preferred scenario for new development along the Gordon to Roseville rail corridor.

Background

In May 2024, the Government implemented the TOD planning policy for areas within 400 metres of Roseville, Lindfield, Killara and Gordon stations.

In cooperation with the NSW Government, Council prepared an alternate preferred scenario to the TOD based on planning principles to preserve important built heritage and the natural environment.

The preferred scenario was developed with extensive community feedback received after the Council consulted with the community on alternative solutions to the TOD.

On 5 June 2025, Council adopted a preferred scenario for new development in the Gordon to Roseville rail corridor, to replace the TOD planning controls.

The preferred scenario was submitted to the NSW Department of Planning, Housing and Infrastructure for approval (DPHI).

Legal proceedings remain

As part of the legal proceedings Council engaged in mediation with the NSW Government. It was agreed that Council would work to deliver an alternative housing plan with at least the same number of additional dwellings as the TOD.  The alternate plan is yet to be gazetted by the government and for the time being the legal proceedings remain on foot.

State Significant Developments

The TOD planning controls allowed State Significant Development (SSD) applications to be lodged with the DPHI up until 13 June 2025.

SSD applications are assessed by DPHI and determined by the Minister for Planning or the Independent Planning Commission. Council is notified of and invited to comment on SSD applications at the exhibition stage, but otherwise plays no part in the assessment process.

Ku-ring-gai Council is a referral body only, without any decision-making authority.

Uniform Apartment Setbacks

There have been recent suggestions that Council implement uniform apartment setbacks.  This may undermine the integrity of existing planning principles or potentially compromise well-integrated development.

Uniform setback requirements would not consider the significant difference between the housing typologies included in Council’s alternate scenario, ranging from three story apartments to 9, 12-15 and 20 plus story buildings in town centres and suburban locations.

The NSW Apartment Design Guide already takes into account setbacks when assessing DAs.

Heritage properties

Under the TOD planning policy, individually listed heritage items were not provided with any uplift to planning controls.  Under Council’s preferred scenario, these properties have been provided with the same uplift as adjacent properties which provides increased opportunity for consolidation into development proposals. 

I have also recently written to The Hon. Paul Scully, Minister for Planning and Public Spaces,  seeking his guidance  to ask if we could work collaboratively on the future of heritage homes stranded by the TOD and Preferred Scenario  – “we are seeking your guidance on how a transparent, case-by-case process might be established to address the concerns of heritage property owners affected by this evolving policy context. Council remains committed to working closely with the Department to find constructive and fair outcomes.”

Heritage conservation areas

Council’s preferred scenario protects as many heritage conservation areas from development as possible, on the east side of Killara and Roseville in particular.

Protecting all conservation areas was not possible given the dwelling targets Council had to meet.

Recommendation:

That this Mayoral Minute be placed on the Council website