Letter to Ku-ring-gai Councillors

Sent: Tuesday, 14 October 2025 10:42 AM
To: ‘councillors@krg.nsw.gov.au‘ <councillors@krg.nsw.gov.au>; ‘Councillor Records’ <CouncillorRecords@kmc.nsw.gov.au>

Subject: Labor’s – Environmental Planning and Assessment Amendment (Planning Systems Reform) Bill

Dear Mayor and Councillors

We wrote to you last week advising Janine Kitson and I had attended the Housing Now Conference at the Parramatta Stadium, at which the Opposition Leader Mark Speakman addressed the attendees along with Premier Chris Minns, Minister for Planning Paul Scully, Minister for Housing Rose Jackson and member of the Housing Development Authority Tom Gellibrand – Chief Executive, Infrastructure NSW and Monica Gibson – Deputy Secretary, Planning, Land Use Strategy, Housing, and Infrastructure, DPHI.

Below are Mark Speakman’s direct statements from the handwritten notes I took at the Conference.

• He is “Unashamedly YIMBY”
• He believes the reforms will be “overwhelmingly good for neighbourhood homes”
• He supports “more infill housing and more greenfield development”He supports “ densification round rail stations”
• He believes that NSW “is not fulfilling the housing need fast enough”
• He is wanting to be “constructive in opposition”
• He “broadly supports majority of the proposals”
• The Libs are working with Labor “ in bipartisan round table discussions”
• He believes NSW is “desperate for planning reforms”
• He will be “taking the reforms he broadly supports to the party room”
• He wants the Libs  “to at least support the vast package of reforms”
• He supports the introduction of a “Housing Delivery Authority”
• He is “disappointed in the number of housing approvals in NSW”
• He said that “infill and greenfield development is not feasible due to taxes and charges”
• He said he is  “supportive of the Rosehill development and that they (Libs) would be looking at Rosehill”
• He believed “there is great opportunity to develop Long Bay Jail”He is “supportive of the proposed development of the Woollahra rail station and the addition of 10,000 dwellings”
• He said “we wants to be constructive and reforms on all fronts to make housing more affordable”
• HE said the Libs “are coming 3^rd behind Labor and Greens and the way to reverse that is to be pro-housing”
• He wants to see a “One Stop Shop to streamline development”
• He wants to see “ Greater density round major hubs”He supports “deferring developer contribution payments until occupancy stage”
• He wants “to see reduced land tax for rent to build developments”
• He Is not seeing “ enough planning round schools and hospitals”
• He wants “to see Stamp Duty reform”
• He wants to see a “downsize contribution for 3 bedrooms or more”
• He said the Libs “will build more METROS”
• He wants the Libs “to be a party of HOPE and reward aspiration – particularly the younger generation as a positivity of force”

Since that meeting we have prepared a brief (see below) with the major issues we have with the Bill. The Bill could be passed this week without any prior community consultation. 

We met with Alister Henskens and Matt Cross MP yesterday to discuss the brief. We understand that the Liberal Party will be meeting today or tomorrow to decide the party position on the Bill.

We believe the Bill, which is likely to be passed, will be devastating to Ku-ring-gai and communities across NSW.

FOKE’s BRIEF to MPs

1. “We are profoundly disappointed that Liberal Leader Mark Speakman (‘unashamedly YIMBY’) is broadly supporting Labor’s Bill for which local communities have not been consulted.
   
   
   
2. The Bill focuses on promoting development by implementing a new accelerated pathway (Targeted Assessment Development (TAD), expanding complying development, accepting variations to development codes as complying without re-exhibition, weakening environmental protection, and it undermines community confidence by centralising decisions with the planning department and removing community input or participation.
   
   
   
3. The Bill introduces a multitude of changes that are far reaching and affects all types of development (housing, infrastructure, mining etc) without any opportunity for community assessment or comment.
   
   
   
4. The new Development Coordination Authority (DCA) headed by the Secretariat will deal with referrals and agency concurrences making final determinations, and removing the independence of these agencies. It also removes the opportunity for input from community who has local knowledge, potentially increasing risk to communities. e.g. The Lourdes proposal.
   
   
   
5. The new Targeted Assessment Development (TAD) pathway considers DAs that involve sites included in strategic plans. The Bill amends Section4.15 (1) (b), (c) and (e) of the EPA&Act so that the environmental assessment will not consider environmental impacts, site suitability and the public interest either at the DA stage or for any consent modifications. 
   
   
   
6. Single Community Participation Plans statewide are proposed when there are huge differences in development needs and types across the state. 
   
   
   
7. Subtle changes in wording of the EPAAct with profound consequences such as referring to consideration of ‘significant impacts ‘ instead of ‘likely impacts’ or consideration of environmental impacts ’‘to the fullest extent’ being deleted.
   
   
   
8. Vague undefined terms are employed like ‘significant’, low impact, ‘low risk’ which are open to interpretation and which in the context of this Bill and the policy of this government, are misleading.
   
   
   
9. The Bill is a Trojan Horse carrying destruction for the environment enabling a new wave of environmental destruction while communities face concurring climate change and biodiversity crises.
   
   
   
10. The Government claims the Bill is about accelerating housing supply, but this is a deliberate understatement of the intention. It affects most development in NSW by simplifying development delivery at the expense of environment and community well-being. The scope and impacts of the Bill will affect ALL types of development and infrastructure (not just housing) and is a clear opportunity to centralize power, to water down planning controls and development standards for industry and developers and to prevent community input.
    
    
    
11. Without prior consultation or a considered presentation of the pros and cons, and without any inclusion of procedures to ensure compliance, the Bill:
    – Makes significant changes to the EP&A Act objects from forgoing the wellbeing of the community and the environment in decision making to simply promoting development.
    – The planning system is opened to greater risks of transparency and corruption, undermining ICAC safeguards which have already been significantly weakened.
    
    
    
12. Already Ku-ring-gai and Council’s across Greater Sydney and NSW have had strategic  planning and Local Environmental Plans usurped and undermined by the NSW Government’s  Housing Policies namely the TOD and LMRH, State Significant Developments (SSDs) and the Housing Development Authority (HDA) which fast tracks development and overrides local powers and democracy.  The State Government is deregulating the planning system in favour of polluters and developers.
    
    
    
13. With respect to corruption risks associated with broad discretion in planning decisions, the ICAC has observed that: “It requires no great leap of faith to suggest that anyone who has discretion to grant development approval, to rezone or to depart from stated requirements – whether they are elected officials or professional officers, and regardless of their level and political persuasion – is at risk of corrupt approaches. The greater the departure from the previous norm, the greater the corruption risk.”
    
    
    We ask that you reject the Bill.
    
    If the Bill is to pass, we request that the Liberals demand an opportunity for formal consultation and refer the Bill to an Upper House Inquiry.”

We would like to understand what Council is doing in response to Labor’s disastrous EP&A Bill?

Looking forward to your reply.

Kind regards

Kathy Cowley

PRESIDENT

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

Read Legislative Assembly Hansard – 17 September 2025 HERE

Read Environmental Planning and Assessment (Planning System Reforms) Bill 2025 HERE