Extraordinary Council Meeting TOD preferred scenario
Outcomes of the Extraordinary Council Meeting for Transport Oriented Development (TOD) Preferred Scenario 5 June 2025
At the Extraordinary Meeting of Council on 22 May 2025, Council considered a report on the outcomes of the public exhibition and to recommend amendments to the exhibited version of the Implementation Strategy and Maps (see GB.1) and a late report advising Council of a change of position by the NSW Government on the savings provisions for State Significant Development (SSD) applications in the Transport Oriented Development (TOD) (see GB.2).
Further information following a meeting between Council officers and representatives of DPHI on 19 May 2025 on the changes to SSD savings provisions, additional minor mapping changes and a clarification for submission on 6 Treatts Road, Lindfield was provided to Councillors at this meeting (see memo dated 22 May 2025)
Council resolved to adjourn the meeting to provide additional time for Councillors to consider these issues and other matters raised at the Public Forum on 21 May.
The meeting was reconvened on 5 June, and also considered an additional memo on proposed amendments to the exhibited plans (see attached memo dated 3 June) and a Mayoral Minute on SSDs and TOD applications.
At the meeting Council resolved the following:
That Council:
A. Adopt the draft LEP maps at Attachment A6 and draft clauses at Attachment A7 subject to the amendments outlined in Attachment A8 plus the additional revisions as set out in the Memos from the Director of Strategy & Environment dated 22 May 2025 and 3 June 2025. In addition, 924 Pacific Highway Gordon will be amended to FSR 5.0:1, height 51.5m and affordable housing requirement of 5%.
B. Submit the amended LEP maps and clauses and a revised implementation strategy reflecting these amendments to DPHI for the purposes of preparing a State Environmental Planning Policy to implement Council’s alternate TOD scheme.
C. Commission a preliminary assessment of heritage items proposed to be retained in the TOD or alternative scenario areas envisaged to have controls varied from those under KLEP 2015, or items that are impacted directly by development applications including for SSDs that rely on controls contained in the TOD SEPP as described in this report. This assessment will be commissioned in the month following the gazettal of Council’s scenario.
D. 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.
E. Commence preparation of all required amendments to the Ku-ring-gai DCP including site-specific development controls and site amalgamation controls around all heritage items within R4 – High Density Residential zones. That the draft DCP amendments be reported back to Council for endorsement prior to public exhibition.
F. Notes that the draft DCP amendments in point E. above will pay particular attention to the transitional impacts of R4 TOD properties backing onto R2 TOD HCA properties, including regard for site-specific side and rear setbacks, heights, and tree planting provisions. To retain the character of each conservation area, manage transition impacts, and promote housing diversity, Council will also commence an assessment to consider whether there are more appropriate controls within the revised TOD boundary for all R2 HCA properties. This assessment will be commissioned in the month following the gazettal of Council’s scenario.
G. Commence preparation of a Public Domain Plan (PDP) for Killara and amendments to PDP for Gordon, Lindfield and Roseville.
H. That Council authorise the Director of Strategy and Environment to correct any anomalies in the documentation to be submitted to the NSW DPHI.