Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 19 August 2025
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Present: |
The Mayor, Councillor Christine Kay (Chairperson) Councillors M Devlin & J Pettett (Comenarra Ward) Councillors I Balachandran & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillor M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward) |
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Staff Present: |
General Manager (David Marshall) Director Community (Janice Bevan) Director Corporate (Angela Apostol) Director Development & Regulation (Michael Miocic) Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Acting Manager Corporate Communications (Sally Williams) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Eliza Gilbank-Heim) |
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Others Present: |
Manager Community Development (Danny Houseas) Manager Infrastructure Services (Matthew Drago) |
The Meeting commenced at 7:04 PM
The Mayor offered the Acknowledgement of Country and Prayer
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File: S02194
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The Mayor, Councillor Kay advised that Councillor Wheatley is running late but will be attending the meeting.
There were no apologies. |
The Mayor referred to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
Councillor Taylor declared a special disclosure of pecuniary interest in GB.16 as his principal place of residence may be impacted by the proposed planning controls. Councillor Taylor tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
Councillor Ward declared a special disclosure of pecuniary interest in GB.16. Councillor Ward tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
Councillor Balachandran declared a special disclosure of pecuniary interest in GB.16 as both her principal place of residence and her parents principal place of residence may be impacted by the proposed planning controls. Councillor Balachandran tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate
Councillor Devlin declared a special disclosure of pecuniary interest in GB.16 due to his interest in his parents residence that may be impacted by the proposed planning controls. Councillor Devlin tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
The Mayor, Councillor Kay declared a non-significant, non-pecuniary interest in GB.5 as she is a member of the St Ives Rotary Club which is involved with a grant recipient, being the St Ives Multicultural Food and Wine Festival. The Mayor, Councillor Kay will remain in Chambers as she has not been involved with the board or committee of the Festival for some time.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor referred to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
MM.1 - An update on planning for new housing in Ku-ring-gai - Report by The Mayor, Councillor Kay dated 19 August 2025. |
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An update on planning for new housing in Ku-ring-gai
File: S14428 Vide: MM.1
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The purpose of this Mayoral Minute is to provide an update to our community on progress in implementing a planning regime for new housing in Ku-ring-gai.
As many residents would be aware, the NSW Government’s transport-oriented development (TOD) planning policy came into effect in May 2024.
Under this policy, the railway station precincts of Gordon, Killara, Lindfield and Roseville were rezoned for substantial increases in new housing.
The main changes that applied to properties within 400m of
these railway stations were a 22 metres height for residential flat buildings
and a maximum height of 24 metres for buildings containing shop top housing;
a maximum floor space ratio of 2.5:1 allowing for buildings of up to
During November and December 2024 Ku-ring-gai Council publicly exhibited four alternatives to the NSW Government’s TOD policy, with the intention to offer better protection for heritage and tree canopy and improved planning outcomes in the areas affected by the TOD.
The result of that extended period of consultation with our community was a preferred alternative to the TOD that was publicly exhibited in April this year.
On 5 June 2025, Council adopted this alternate plan to the TOD and subsequently submitted it to the NSW Department of Planning Housing and Infrastructure (DPHI) for approval. On 13 June 2025 DPHI turned off the TOD for new development applications and State Significant Development Applications (SSDAs).
Timeframe for gazettal of Council’s alternate housing plan
DPHI is now reviewing Council’s alternate housing plan before providing advice to the Planning Minister about replacing the TOD.
DPHI has previously advised Council that the timeline for finalising Council’s alternate plan would be three to four months after being adopted by Council and submitted to DPHI, and that they would explore opportunities to expedite this process.
Council has today received a letter (copy attached) from the Deputy Secretary, Land Use Strategy, Housing and Infrastructure at DPHI that commits to recommending that the Minister take steps to give effect to a final alternative scheme with amendments to Council’s Local Environmental Plan on or before 30 November 2025. The latter date would be five and a half months after Council submitted the alternate plan to DPHI.
It is noted that Council’s legal challenge to the TOD has been listed for hearing in the Land and Environment Court on 25, 26 and 27 November 2025. Relevantly, the letter from DPHI of today’s date makes the following request:
“With these commitments on next steps and so that Council and the Department can implement these changes for Ku-ring-gai together collaboratively and to avoid any further unnecessary legal expenses, I invite Council to discontinue the current legal action against the State.”
The letter from DPHI also describes a number of proposed amendments the Department intends to make to Council’s alternate scheme. Council staff provided DPHI with a response to a number of issues previously raised, including those referred to in the Deputy Secretary’s letter of today’s date, on 11 August. The intention was to clarify and possibly reduce the number of outstanding issues before reporting any remaining issues that had policy implications to Council for consideration. Council has not yet received a response to this submission.
As there has not been adequate time for Council to digest and consider the letter from DPHI received today, it is recommended that it be reported back to Council for consideration at a future meeting.
Listed Local Heritage Items
The TOD allowed for multi storey buildings adjacent to individually listed local heritage items, while leaving the planning controls for these heritage items unchanged. The heritage items are not able to be developed and may be considered “stranded”. To address this, Council in its alternate plan has provided local heritage items with the same controls as per neighbouring properties while maintaining heritage listings. This provides the opportunity for heritage items to be incorporated into neighbouring developments. However, development applications already in the system based on the TOD controls do not have this provision.
At the Council meeting on 5 June 2025, Council resolved as follows (in part):
That as part of consideration of Council’s Preferred TOD Alternative, the Minister for Planning be requested to work collaboratively with Council to develop a process and solutions for current owners of listed local heritage items “stranded” as a consequence of the TOD planning controls, Council’s alternate option to those controls, and SSDAs, on a case by case basis. Council has sought advice on whether the DPHI will consider bulk de-listings of heritage-listed properties in response to heightened concerns from residents. The DPHI has advised that unjustified de-listings will not be considered and that the process for Council or the Department to unilaterally delist heritage items requires a justified position through a full planning proposal process.
I wrote to the Minister for Planning to communicate the above and recently met with senior staff from DPHI to discuss the issues, along with Council staff.
DPHI confirmed that they do not support a process to bulk de-list local heritage items without merit justification. Rather, DPHI advised that the same approach should be taken to delist a heritage item as is required to list a heritage item, which is via a planning proposal as required by the Environmental Planning and Assessment Act.
DPHI have also advised that they are investigating amendments to the Housing SEPP to resolve the issue of isolated sites as a result of developments using the TOD SEPP controls. It is understood that this may involve an approach that is similar to that put forward by Council in its alternate plan. That is, to provide uplift to planning controls for heritage items to encourage incorporation, while retaining the heritage listing.
Some owners of listed local heritage items have expressed an interest in de-listing their properties. As mentioned above, there is no shortcut available for de-listing and the legislative requirements must be met.
The process for de-listing requires a planning proposal and is explained on Council’s website here https://www.krg.nsw.gov.au/Planning-and-development/Heritage/Listing-heritage.
The first step in this process is to submit a heritage assessment in accordance with NSW Heritage Council and Heritage NSW guidelines as part of a mandatory pre-lodgement meeting with Council staff. The fee for this is $1,761 and provides for staff to discuss the proposal with a proponent and the proponent’s heritage consultant, identify key issues and provide written feedback. It is recommended that this fee for a pre-lodgement meeting be waived for listed local heritage items directly impacted by the TOD planning controls, Council’s alternate planning controls, or SSDAs.
State Significant Development Applications
There is deep concern within the community about SSDAs that are inconsistent with Council’s alternate housing scheme.
At the meeting with myself and Council staff, DPHI provided assurance that their assessments team is following a rigorous process that considers all applications on merit, taking into account the character of Ku-ring-gai, setbacks, landscaping, topography, location, submissions, other relevant criteria and also having regard to Council’s alternate housing scheme.
DPHI are arranging a further meeting for the Mayor and staff to discuss the matter of SSDAs with the Deputy Secretary, Development Assessment and Sustainability.
Housing Development Authority
To accelerate the delivery of homes, the NSW Government has established the Housing Delivery Authority (HDA) — a panel that considers whether major residential projects should be treated as SSDs.
The HDA provides a fast-track pathway into the SSD system, even for projects that don’t meet all the standard SSD criteria. However, the HDA does not approve development applications. Its role is to recommend whether a project should be declared an SSD. A project only becomes an SSD if the Minister for Planning agrees and makes a formal declaration.
To be eligible for the HDA pathway, projects must generally have an Estimated Development Cost (EDC) of $60 million or more in Greater Sydney, or $30 million or more in regional NSW. Unlike the standard SSD process, the HDA can also support concurrent rezonings, enabling projects to progress more quickly without requiring a separate, and often lengthy, rezoning process.
Council does not decide on proposals considered by the Housing Delivery Authority (HDA). If the Minister declares a project as an SSD, it enters the same assessment process as other SSDs. This means Council is notified and invited to comment during the public exhibition stage and may also be consulted on any related rezoning matters. While Council’s input is considered as part of the assessment, the final decision is made by the Minister for Planning or the Independent Planning Commission, not Council.
Council has listed and mapped known Expressions of Interest for consideration by the HDA on its website here https://www.krg.nsw.gov.au/Planning-and-development/State-Significant-Development-and-Transport-Oriented-Development-DAs. This information has been interpreted for residents based on publicly available information from DPHI. A direct link to the HDAs webpage is here https://www.planning.nsw.gov.au/policy-and-legislation/housing/housing-delivery-authority.
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(Moved: The Mayor, Councillor Kay)
A. That this Mayoral Minute be received and noted.
B. That the letter from DPHI dated 19 August 2025 be tabled and reported back to Council for consideration at a future meeting.
C. That the Council fee of $1,761 for a pre-lodgement meeting to de-list local heritage items be waived for those properties directly impacted by the TOD planning controls, Council’s alternate planning controls, or SSDAs.
CARRIED UNANIMOUSLY |
PETITIONS
Nil.
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Ku-ring-gai Council Sponsorship Program 2025
File: FY00275/18 Vide: GB.5
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To advise Council of applications received for the 2025 Ku-ring-gai Council Sponsorship Program, and to provide recommendations for Sponsorship funding.
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(Moved: Councillor Taylor)
That Council approve the following funding for the Events, Arts and Cultural and General Sponsorship applications:
CARRIED UNANIMOUSLY |
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Investment Report as at 31 July 2025
File: FY00623/8 Vide: GB.8
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To present Council’s investment portfolio performance for July 2025.
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(Moved: Councillor Taylor)
That:
A. The summary of investments and performance for July 2025 be received and noted.
B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.
CARRIED UNANIMOUSLY |
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2025 LGNSW Annual Conference: Call for Motions
File: S14000/2 Vide: GB.11
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To advise Council that registrations are now open for the Local Government NSW (LGNSW) Annual Conference, the criteria and deadline for the submission of motions, and for Council to determine its voting delegates at the Conference.
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(Moved: Councillor Taylor)
That:
A. Councillors interested in attending and/or being a voting delegate to notify the General Manager by 29 August 2025.
B. Councillors to provide any proposed motions for submission to the General Manager by 5 September.
C. A report providing details of any proposed motions be referred to Council at its meeting on 23 September for approval prior to submission to LGNSW.
CARRIED UNANIMOUSLY |
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Delivery Program and Operational Plan: June 2025 Biannual Report
File: FY00382/16 Vide: GB.12
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To report to Council on progress of the Delivery Program 2022-2026 and Operational Plan 2024-25 for the period January to June 2025.
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(Moved: Councillor Taylor)
That the draft June biannual report on the Delivery Program 2022-2026 and Operational Plan 2024-2025 be received and noted.
CARRIED UNANIMOUSLY |
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RFT8-2025 – Playspace Upgrade - Comenarra Playing Field
File: RFT8-2025/R Vide: GB.14
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To consider the tenders received for RFT8-2025 Playspace Upgrade Comenarra Playing Field and to appoint the preferred tenderer.
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(Moved: Councillor Taylor)
That:
A. Council accepts the tender submission from Tenderer A to carry out the Playspace Upgrade Comenarra Playing Field.
B. The Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. The Seal of Council be affixed to all necessary documents.
D. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation 2021.
CARRIED UNANIMOUSLY |
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Heritage Housekeeping Planning Proposal
File: S14986 Vide: GB.17
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For Council to consider a Planning Proposal to correct five (5) local heritage listings in the suburbs of Turramurra and Wahroonga. The proposed corrections will apply to Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) Schedule 5 Environmental Heritage - Part 1 Heritage Items and the associated heritage maps.
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(Moved: Councillor Taylor)
A. That the Planning Proposal be submitted to the Department of Planning, Housing and Infrastructure for a Gateway Determination in accordance with the provisions of the EP&A Act 1979 and Regulations.
B. That Council requests the plan making delegation under Section 3.36 of the EP&A Act 1979 and Regulations.
C. That upon receipt of a Gateway Determination, exhibition and consultation be carried out in accordance with the requirements of the EP&A Act 1979 and with the Gateway Determination requirements.
D. That a report be brought back to Council at the conclusion of the exhibition period.
CARRIED UNANIMOUSLY |
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Submission to the NSW Net Zero Commission Consultation
File: S13127 Vide: GB.19
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The purpose of this report is to table the submission to the NSW Net Zero Commission public consultation for endorsement by Council.
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(Moved: Councillor Taylor)
The submission to the NSW Net Zero Commission public consultation (Attachment A1) be endorsed by Council.
CARRIED UNANIMOUSLY |
Councillor Wheatley arrived in Chambers during debate on the following item.
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Ku-ring-gai Pickleball Action Plan
File: FY00430/17 Vide: GB.6
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To provide Council with a draft Pickleball Action Plan identifying opportunities to establish pickleball courts in Ku-ring-gai.
MOTION:
(Moved: Councillors Devlin/Balachandran)
That Council:
A. Note the draft Pickleball Action Plan as the guiding framework for staged pickleball facility development in Ku-ring-gai; B. Approve the marking of pickleball lines at the five sites identified as being of readiness and undertake further planning and assessment for the medium-readiness site at Regimental Park as a dedicated pickleball facility; C. Undertake further consultation with relevant stakeholders, including sporting groups and the community, to support implementation of the Action Plan and to address any operational or amenity concerns; and, D. Align pickleball court fees with existing tennis court fees and charges for 2025/26, with pickleball usage incorporated into the next annual review of Council’s Fees and Charges following evaluation of trial data. CARRIED UNANIMOUSLY
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(Moved: Councillors Devlin/Balachandran)
That Council:
A. Note the draft Pickleball Action Plan as the guiding framework for staged pickleball facility development in Ku-ring-gai; B. Approve the marking of pickleball lines at the five sites identified as being of readiness and undertake further planning and assessment for the medium-readiness site at Regimental Park as a dedicated pickleball facility; C. Undertake further consultation with relevant stakeholders, including sporting groups and the community, to support implementation of the Action Plan and to address any operational or amenity concerns; and, D. Align pickleball court fees with existing tennis court fees and charges for 2025/26, with pickleball usage incorporated into the next annual review of Council’s Fees and Charges following evaluation of trial data. CARRIED UNANIMOUSLY |
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Draft Night-time Economy Action Plan
File: S09438 Vide: GB.7
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To provide Council with a draft Night-time Economy Action Plan for Ku-ring-gai, developed to establish a framework for building a vibrant and inclusive evening economy across the local government area.
MOTION:
(Moved: Councillors Balachandran/Taylor)
That:
CARRIED UNANIMOUSLY
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(Moved: Councillors Balachandran/Taylor)
That: A. Council endorses the draft Night-time Economy Action Plan and approve the actions therein
CARRIED UNANIMOUSLY |
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Analysis of Land and Environment Court Costs - 4th Quarter 2024 to 2025
File: FY00623/8 Vide: GB.9
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To report legal costs in relation to development appeal matters in the Land and Environment Court for the year ended 30 June 2025.
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(Moved: Councillors Ward/Taylor)
That the analysis of Land and Environment Court costs for the period ended 31 March 2025 be received and noted.
CARRIED UNANIMOUSLY |
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Carried Forward Projects Expenditure - 2024/25
File: FY00701/1 Vide: GB.10
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To seek endorsement from Council to carry forward the attached list of 2024/25 projects into the current financial year.
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(Moved: Councillors Balachandran/Ward)
CARRIED UNANIMOUSLY |
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RFT57-2024 Main Carpark Upgrade St Ives Showground
File: RFT57-2024/R Vide: GB.13
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The purpose of this report is for Council to consider the tenders received for RFT57-2024 Main Carpark Upgrade St Ives Showground and to appoint the preferred tenderer for construction.
MOTION:
(Moved: Councillors Taylor/Smith)
That Council defer this business item to September pending a notice of motion from Councillors.
CARRIED UNANIMOUSLY
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(Moved: Councillors Taylor/Smith)
That Council defer this business item to September pending a notice of motion from Councillors.
CARRIED UNANIMOUSLY |
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Ku-ring-gai Affordable Housing Contribution Scheme and amended Affordable Housing Policy
File: S12314 Vide: GB.15
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For Council to consider the draft Ku-ring-gai Affordable Housing Contribution Scheme prepared by Atlas Economics and GLN and the amended Ku-ring-gai Affordable Housing Policy for public exhibition.
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(Moved: Councillors Balachandran/Ward)
A. That Council endorse the Draft Ku-ring-gai Affordable Housing Scheme (Attachment A1) for public exhibition.
B. The amendments to the policy positions relating to contribution preference, ownership and use of funds in the Affordable Housing Policy be noted, and that Council endorse the amended Ku-ring-gai Affordable Housing Policy (Attachment A2) for public exhibition.
C. That the Draft Ku-ring-gai Affordable Housing Scheme and the amended Affordable Housing Policy be placed on public exhibition for a period of 28 days. Following the exhibition, a report on the submissions received be reported to Council for consideration.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Smith, Taylor, Ward and Wheatley
Against the Resolution: Councillors Pettett and Spencer
CARRIED |
The Mayor noted that Councillor Smith declared a special disclosure of pecuniary interest in GB.16 and tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
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Planning Proposal - Dual Occupancy Floor Space Ratio (FSR) standard
File: S14848 Vide: GB.16
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To inform Council of the Planning Proposal amending the Ku-ring-gai Local Environmental Plan 2015 to apply a Floor Space Ratio (FSR) to dual occupancy development with a minimum 1015 sqm lot size.
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(Moved: Councillors Balachandran/Taylor)
A. That Council support the proposed FSR for dual occupancy as outlined in this report and progress the Planning Proposal to the Department of Planning, Housing and Infrastructure for a Gateway Determination to enable its exhibition and public consultation.
B. That Council seek the authority to finalise the Planning Proposal under delegation.
CARRIED UNANIMOUSLY |
Councillor Wheatley declared a non-significant, non-pecuniary interest in GB.18 as she has previously worked with Evie Networks. Councillor Wheatley will remain in Chambers for this debate.
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Application to Seek the Minister's Consent to Grant a Licence over Community Land
File: S14827 Vide: GB.18
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To seek a resolution to apply for Minister’s consent to proceed with the granting of the licence to Fast Cities Australia Pty Limited (Evie Networks). The licence is for a public electric vehicle (EV) charger to be installed and operated at 2 Lord Street, Roseville.
MOTION:
(Moved: Councillors Taylor/Ngai)
That:
CARRIED UNANIMOUSLY |
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(Moved: Councillors Taylor/Ngai)
That:
CARRIED UNANIMOUSLY |
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice
Nil
Nil.
Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
Nil.
The Meeting closed at 8:01pm.
The Minutes of the Ordinary Meeting of Council held on 19 August 2025 (Pages 1 - 22) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>.
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General Manager Mayor / Chairperson
