Urgent Call to Maintain Legal Proceedings against NSW Government TOD and State Significant Developments (SSDs)

Read FOKE’s letter urging Ku-ring-gai Councillors to maintain the legal proceedings against the NSW Government’s Transport Oriented Development (TOD) and State Significant Developments (SSDs).

Dear Ku-ring-gai Mayor and Councillors

Subject: Urgent Call to Maintain Legal Proceedings against NSW Government TOD and State Significant Developments (SSDs) in Ku-ring-gai

I write on behalf of Friends of Ku-ring-gai Environment (FOKE) to express our deep concern regarding the ongoing 27 proposed TOD State Significant Developments (SSDs) that threaten to irreparably damage the heritage and distinct character of our community across four suburbs. As a dedicated advocate for the preservation of Ku-ring-gai’s environmental and cultural values, FOKE urges the Council to steadfastly maintain its legal proceedings against these developments to ensure a sustainable and balanced outcome for our residents.

The SSDs in question have been significantly heightened through the affordability bonus provisions, with many requesting even greater height allowance. This has resulted in an average of 10 storeys being imposed in the heart of low-density neighbourhoods, far exceeding what is appropriate for our suburbs area’s character.

Ku-ring-gai Council’s Preferred Scenario fully meets the State Government’s housing targets while incorporating transitions that avoid isolating homes or overshadowing single-storey dwellings. In contrast, these SSDs blatantly disregard this balanced approach.

For instance, four proposed SSD TOD developments along Middle Harbour Road Lindfield propose heights up to 10 meters above what is permissible under the Preferred Scenario. Furthermore, there has been no adequate consideration of the visual impacts on sloping land, particularly from the highway ridgeline, which affects the majority of these sites.

We are particularly alarmed that the additional dwellings from these projects cannot be deducted from the Preferred Scenario targets, preventing us from preserving vital Heritage Conservation Areas (HCAs), especially in Roseville and Lindfield, which have already been compromised. It is evident that without continued resistance, these SSDs will proceed unchanged, leading to irreversible harm.

FOKE believes that strengthening the Council’s resolve to legally challenge the government is critical— including either by compelling these SSDs to align with the Preferred Scenario’s height and density settings or by excluding their dwelling counts to allow for the reinstatement of lost HCAs otherwise lost if the SSDs progress.

It is imperative that council stand firm. Without determination standing up to the government, as council did in the case of council mergers, council’s credibility will be undermined at the expense of the community’s long-term interests.

We note that the Council’s submission to the Department of Planning, Housing and Infrastructure (DPHI) was made on or around May 25, 2025, with a response required within four months—placing the deadline at or around September 25, 2025. With this date fast approaching, the time to act decisively is now. FOKE stands ready to support the Council in this effort and will encourage our members to write individually to reinforce this stance.

Yours sincerely

Kathy Cowley

PRESIDENT

Friends of Ku-ring-gai Environment Inc (FOKE)




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