Transport Oriented Development (TOD)
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25 November 2025
At its meeting on 18 November 2025, Ku-ring-gai Council unanimously resolved to accept the NSW Government’s offer to discontinue Council’s legal challenge in the Land and Environment Court against the State’s original Transport-Oriented Development (TOD) policy. With both parties agreeing to bear their own costs, this resolution brings the proceedings to an end following the NSW Government’s decision to adopt an alternative TOD plan that reflects Council’s preferred approach for the four station precincts (Gordon, Killara, Lindfield and Roseville).
The NSW Government published the amended clauses for Ku-ring-gai’s TOD Alternative on the NSW Legislation website on 14 November 2025, marking the formal adoption of the plan. This plan delivers the required housing capacity while providing stronger protection for Ku-ring-gai’s heritage, environment and tree canopy, and ensuring more appropriate transitions between lower- and higher-density development.
Council’s alternative plan was the product of extensive engagement with the community and collaboration with the Department of Planning, Housing and Infrastructure (DPHI). Council had submitted its TOD Alternative to DPHI on 10 June 2025, followed by proposed amendments to the Ku-ring-gai Local Environmental Plan 2015 and the relevant State Environmental Planning Policy on 12 June 2025. This submission stemmed from Council’s 5 June 2025 resolution to adopt draft Local Environmental Planning maps and clauses, together with a revised implementation strategy, for the purpose of preparing a SEPP to implement the alternative plan.
The gazetted maps and clauses, published on the NSW Spatial Map Viewer on 19 November 2025, are generally consistent with the plans adopted by Council on 5 June 2025. Key refinements include:
- The introduction of Low- and Mid-Rise Exclusion Maps
- Updated affordable housing provisions applying to selected Council-owned land, and
- Further adjustments to floor space ratio and height-of-building maps across the four centres.
Link to the updated LEP maps for the Ku-ring-gai TOD centres:
These updates follow more than a year of planning and community consultation and ensure that Ku-ring-gai meets state housing targets while better protecting local heritage and environmental values.
14 November 2025
The NSW Government gazetted Ku-ring-gai Council’s TOD Alternative, publishing the amended clauses on the NSW Legislation website following extensive collaboration between Council and DPHI.
Read Council’s media release
View Council report: Ku-ring-gai TOD Alternative
11 August 2025
Ku-ring-gai Council’s legal challenge to the Transport Oriented Development SEPP is ongoing. The Land and Environment Court has listed the matter for hearing for 25-27 November 2025.
26 June 2025
Mayor Christine Kay letter to The Hon Paul Scully MP(PDF, 4MB) re Collaborative Process for Addressing "Stranded" Local Heritage Items in the Context of Transport Oriented Development Planning.
13 June 2025
On 13 June 2025 Department of Planning, Housing and Infrastructure (DPHI) turned off the TOD for new development applications.
- This means that for the time being, new local development applications and state significant development applications can no longer be lodged under the TOD controls.
- Nor can applications be lodged under Council’s alternate planning controls until such time as they are implemented by DPHI.
- However applications can still be lodged under Council’s existing planning controls, KLEP 2015.
- The local development applications and state significant development applications that were lodged prior to turning off the TOD on 13 June have been ‘saved’ and the TOD controls will still apply to these applications.
View link to these applications
5 June 2025
At the Extraordinary Council Meeting on 5 June 2025, Council adopted an alternate plan to the TOD and subsequently submitted to DPHI
DPHI will now review the plan and provide advice to the Minister about whether the proposal is acceptable to replace the TOD. DPHI indicated that it may take up to 3 months before alternate controls are in place.
To view the adopted TOD alternative LEP maps please click on the below links:
A Mayoral Minute was adopted that updated Council and the community on State Significant Developments (SSD) and Transport Oriented Development (TOD) applications lodged in Ku-ring-gai.
9 May 2025
Council’s legal challenge against the TOD SEPP was before the Land and Environment Court for directions on 9 May 2025. The Court was requested to adjourn the matter for further directions, without allocating a hearing date as yet. The matter has been listed for further directions on 1 August 2025.
31 March 2025
On 31 March 2025, Council held an Extraordinary Council Meeting to consider this feedback and the release of a preferred scenario. At this meeting the Council voted unanimously to place the preferred scenario on public exhibition between 2 and 22 April 2025.
November and December 2024
Between November and December 2024 Ku-ring-gai Council publicly exhibited five options to support new housing within 400m of Roseville, Lindfield, Killara and Gordon stations, including the NSW Government’s TOD policy.
May 2024
In May 2024, the Government implemented the Transport Oriented Development (TOD) planning policy for areas within 400m of Roseville, Lindfield, Killara and Gordon stations.
NSW Government's TOD information
NSW Government's TOD policy
Background information on Transport Oriented Development
February 2024
In February 2024, Council lodged a submission on the planning reforms announced by the NSW government in December 2023 to support additional housing delivery. These reforms included:
Ku-ring-gai Council expressed concern that the proposed one-size-fits-all reforms would have a range of unnecessary and unwanted impacts on the Ku-ring-gai Council area, particularly in relation to Ku-ring-gai's environment and heritage and the strain on existing infrastructure and facilities.
In February 2024, Council lodged a submission on the reforms.