Late Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council - 18 November 2025	GB.16 / 1

Item GB.16	S14846-2

Ku-ring-gai TOD Alternative

EXECUTIVE SUMMARY

purpose of report:	To provide Council with a list of amendments, made by Department of Planning, Housing and Infrastructure (DPHI), to Council’s adopted Ku-ring-gai TOD Alternative.

background:	At the Extraordinary Meeting of Council of 5 June 2025 Council adopted a set of draft LEP maps and clauses as well as a revised implementation strategy. Council also resolved to submit the documents to DPHI for the purposes of preparing a State Environmental Planning Policy to implement Council’s Alternate TOD scheme.

comments:	Council submitted the Ku-ring-gai TOD Alternative to DPHI on the 10 June 2025, followed by the proposed amendments to the KLEP and SEPP on the 12 June. Since that time DPHI has undertaken a detailed review of the plans and made some amendments. Council’s alternative TOD plan, with amendments made by DPHI, was published on 14 November 2025. In the context of the overall plans, the amendments are considered minor.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council note the amendments made by DPHI to Council’s adopted Ku-ring-gai TOD Alternative.

Purpose of Report

To provide Council with a list of amendments, made by Department of Planning, Housing and Infrastructure (DPHI), to Council’s adopted Ku-ring-gai TOD Alternative.

Background

At the Extraordinary Meeting of Council of 5 June 2025 Council resolved in part to adopt a set of draft LEP maps and clauses as well as a revised implementation strategy and submit them to DPHI for the purposes of preparing a State Environmental Planning Policy to implement Council’s alternate TOD scheme.

Comments

Council submitted the Ku-ring-gai TOD Alternative to DPHI on the 10 June 2025, followed by the proposed amendments to the KLEP and SEPP on the 12 June 2025. Since that time DPHI has undertaken a detailed review of the plans and made some amendments.

Council’s alternative TOD plan, with amendments made by DPHI, was published on 14 November 2025.

DPHI issued draft LEP maps (Attachment A1) and a draft instrument on Monday 10 November 2025. The final instrument State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025 (Attachment A2) was published on the NSW Legislation website and come into effect on Friday 14 November 2025.

At the time of writing this report, the final LEP maps had not been published. Therefore, this report is a summary of amendments made by the NSW Government to Council’s adopted plan as of 10 November 2025 which DPHI has advised are the final version. A Table of amendments is attached to this report as Attachment A3, and a summary is provided below.

All centres

- Introduction of Low and Mid-Rise Exclusion Map

Gordon

Amendments to:

- Affordable Housing Maps to include 2% Contribution Rate on certain Council lands

- Height of Building (HOB) Map, FSR Map, Lot Size Map and Affordable Housing Map applying to 1-7 Carlotta Avenue and 1A Carlotta Avenue, Gordon

- HOB Map and addition of new clause - Non-Residential Floor Space Ratio applying to 924 Pacific Highway, Gordon

- HOB Map applying to Council owned land at 9, 15 and 17 Dumaresq Street, Gordon

- HOB Map applying to 810 Pacific Highway, Gordon

- Land Zoning Map, HOB Map, FSR Map and Active Frontages Map applying to land within the rail corridor near Gordon Station.

- Key Site Clause applying to the Gordon Centre (784, 786-788, 788A, 790, and 802-808 Pacific Highway, Gordon)

Killara

Amendments to:

- FSR Map applying to 2 Spencer Road, Killara

- Affordable Housing Map on certain lands (including Council owned land) on Marian Street, Lorne Avenue, Culworth Avenue, Killara

- Low and Mid-rise Exclusion Map applying to 21, 23A Karranga Avenue, and 9 Tasman Crescent, Killara

- Housing SEPP TOD Map to include heritage item at 9 Stanhope Road, Killara

Lindfield

Amendments to:

- Affordable Housing Maps applying 2% Contribution Rate on certain Council lands

- HOB Map and FSR Map applying to 22 Bent Street and 2, 4, 6, 8, 10, 12, 14, 16 & 18 Newark Crescent, Lindfield

- HOB Map applying to 345 Pacific Highway, Lindfield

- HOB Map applying to 239, 251,257, 259, 265-271, 283, 295-303, 305-309,313, 317, 321, 323, 329 Pacific Highway and 1-5 Tryon Place, Lindfield

- Housing SEPP TOD Map to include heritage items at 9 Middle Harbour Road and 1 Valley Road, Lindfield

Roseville

Amendments to:

- HOB Map and FSR map applying to 5 Oliver Rd and 4 Roseville Ave, Roseville

- Housing SEPP TOD Map to include heritage item at 29 Roseville Ave, Roseville.

Affordable Housing Clause

Council’s proposed affordable housing clause was not included as part of the State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025. An affordable housing clause (Cl 6.14) was inserted into the KLEP by Ku-ring-gai Local Environmental Plan 2015 (Amendment No 40) on 24 October 2025. DPHI are currently preparing an amendment to the existing Cl 6.14 so that it references Council’s adopted Affordable Housing Contributions Scheme and applies within the TOD precincts.

Amendments to existing TOD maps

DPHI have made amendments to the existing TOD maps in SEPP housing to include 4 additional sites. This includes the Heritage items at 12 Stanhope Rd, Killara, 1 Valley Rd and 9 Middle Harbour Rd, Lindfield and 29 Roseville Ave, Roseville. No other amendments have been made to the existing maps meaning that the TOD controls will still continue to apply to the saved State Significant Development (SSD) sites.

TOD Legal Action

Confidential Attachment A4 contains concerning Council’s current legal proceedings against the State of New South Wales for consideration by Council.

integrated planning and reporting

Theme – Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.	P2.1.1 Land use strategies, plans and processes are in place to effectively manage the impact of new development.	P2.1.1.1 Commence development of plans and strategies as required by the Greater Sydney Commission’s North District Plan.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.

P2.1.1 Land use strategies, plans and processes are in place to effectively manage the impact of new development.

P2.1.1.1 Commence development of plans and strategies as required by the Greater Sydney Commission’s North District Plan.

Governance Matters

Council’s Integrated Planning and Reporting documents are based on a set of long-standing community values and aspirations which have been fundamentally challenged by implementation of the State Government’s Transport Oriented Development (TOD) Program and proposed Low and Mid-Rise Housing SEPP.

Adoption and implementation of Council’s alternate TOD scheme, which was prepared following significant public engagement and participation, reflects a step change in the future direction of urban development in Ku-ring-gai.

Risk Implication statement

Council’s extensive planning and consultation processes engaged in over the last 20 months has served to address and partially mitigate the impacts of the TOD.

Financial Considerations

Gazettal of Council’s preferred alternative has been achieved prior to the upcoming hearing in the matter of Ku-ring-gai Council v State of New South Wales, Land and Environment Court Proceedings 2024/00173748.

Social Considerations

There are no additional social considerations arising from this report other than those previously reported.

Environmental Considerations

There are no additional environmental considerations arising from this report other than those previously reported.

Community Consultation

There has been no additional community consultation in the preparation of this report.

Internal Consultation

Consultation has been undertaken with the General Manager, Director Strategy and Environment and senior Council staff.

Councillors have been periodically briefed on the extent, nature, and outcomes of communications with DPHI.

Summary

Council submitted the Ku-ring-gai TOD Alternative to DPHI on the 10 June 2025, followed by the proposed amendments to the KLEP and SEPP on the 12 June. Since that time DPHI has undertaken a detailed review of the plans and made some amendments.

Council’s alternate TOD plan, with amendments made by DPHI, was published on 14 November 2025.

In the context of the overall plans, the amendments are considered minor.

Recommendation:

A. That Council note the amendments made by DPHI to Council’s adopted Ku-ring-gai TOD Alternative.

B. That Council notes the publication on 14 November 2025 of State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025.

C. That Council consider the advice in Confidential Attachment A4.

Fae Sarshoghi

Urban Design Projects Officer

Stephanie Griffiths

Senior Urban Designer

Bill Royal

Team Leader Urban Design

Craige Wyse

Team Leader Urban Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Draft LEP Maps - Issued by DPHI - 10 November 2025		2025/379052
	A2 ⇩	State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025 - 14 November 2025		2025/381218
	A3 ⇩	Mapping Amendments - Council Adopted vs DPHI Approved		2025/381246
	A4	Ku-ring-gai Council v The State of NSW - Land and Environment Court of NSW	Excluded	Confidential