Transport Oriented Development
The NSW Government has implemented one of the most far-reaching policies on new housing in decades. Part of the State Government’s plan for new housing is ‘Transport Oriented Development’ (TOD).
TOD planning controls came into effect on Monday 13 May 2024.
To summarise, the TOD introduced a blanket 6/7 storey height rule for unit developments near Roseville, Lindfield, Killara and Gordon railway stations.
NSW Government's TOD information
NSW Government's TOD policy
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This web page gives information on the following:
Properties that fall within 400 metres of Roseville, Lindfield, Killara and Gordon railway stations are covered by the TOD planning controls.
The key points of the TOD planning controls are:
- A 22 metre 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 6 storeys
- The introduction of a minimum lot width of 21 metre and no minimum lot size
- A 2% mandatory affordable housing contribution for developments with a minimum gross floor area of 2000sqm.
Ku-ring-gai Council is concerned that protection for heritage properties can be overridden by the state government’s TOD planning controls.
At a meeting in May 2024, the Council voted to commence legal action against the NSW Government’s TOD policy, while at the same time voting to commence work on alternative planning studies in the four TOD precincts.
Here is a summary of the legal proceedings to date:
- On Wednesday 8 May the Council voted unanimously to commence legal action in the Land & Environment Court and to begin work on planning studies for the four TOD precincts of Lindfield, Gordon, Killara and Roseville.
The minutes of the Council’s May meeting
Read the Council’s media release on the legal action
View the Summons issued in the Land and Environment Court of NSW to the NSW State Government
- On 5 July, the Land & Environment Court adjourned the Council’s proceedings for directions on 19 July. ‘Directions’ means the court stating the next steps in the legal process.
- On 19 July, the Land & Environment Court issued directions:
- That the NSW Government provide a response to the Council’s summons by 6 September 2024.
- That the NSW Government and the Council engage in mediation by 30 September 2024.
- That the legal proceedings be subject to further directions on 4 October 2024.
In addition to the above, the Council has sought documents from the NSW Government, some of which have been produced. The form of mediation to take place in September will depend on the content of the government’s response to the summons but may endeavour to resolve some aspects of the case, clarify the NSW Government position or provide options for Council to consider.
Interim Heritage Order
At its meeting on July 2024 the Council resolved to seek an interim heritage order for heritage conservation areas in the TOD precincts. The NSW Minister for Heritage has the power to make this order.
Read the Council meeting minutes here
The Interim Heritage Order is intended to provide the necessary short-term heritage protection for properties within heritage conservation areas, while the Council investigates alternative planning for increasing housing.
Is my property a TOD site?
Properties that are within 400 metres of Roseville, Lindfield, Killara and Gordon stations are covered by the TOD planning controls.
Properties currently exempt from the TOD planning controls are heritage items, schools or other public areas such as tennis courts and bowling clubs.
NSW Government maps of TOD properties are now available on the NSW Planning Portal Spatial Viewer.
Instructions
- Click on the Layers Filter
- Select "State Environmental Planning Policies"
- Select "SEPP (Housing) 2021"
- Select "Transport Oriented Sites Map”
- Type your address in
NSW Planning Portal Spatial Viewer
How can I remove a heritage listing for my property if it’s in a TOD precinct?
A change to a heritage listing does not change the properties to which TOD applies. This is because the NSW Government has to change the mapping. Enquiries regarding changing the sites to which TOD applies need to be directed to the NSW Government.
To request delisting of a heritage property, a planning proposal must be lodged with a heritage assessment as set out in Listing heritage in Ku-ring-gai.
My neighbours want to sell to a developer and I don’t. What shall I do?
The Council cannot advise property owners on decisions to sell or not sell their property.
The Council also cannot advise on the outcomes from these new development controls established by the NSW Government. The government has released a guideline at Guidance to Transport Oriented Development.
To seek advice from Council on issues in relation to a development proposal, you can book a Pre DA consultation.
What does the Interim Heritage Order mean?
The Council is seeking an interim heritage order (IHO) for land already listed as a heritage conservation area and designated by the State Government as a TOD site.
Heritage properties beyond 400 metres and land beyond 400 metres from the four stations are not affected by the interim heritage order because they are not designated as TOD sites.
If approved by the NSW Minister for Heritage, the interim heritage order would protect heritage properties located within 400 metres of the TOD precincts in Lindfield, Killara, Roseville and Gordon from any potential demolition.
How does this IHO affect my property?
There is no change to existing listing of properties as a heritage item or heritage conservation area until the request is decided by the NSW Minister for Heritage. The Minister may choose to make the IHO as requested, refuse the IHO or make no decision.
Because these sites are already listed within heritage conservation areas, Council’s approval is already required for major development such as demolition and new apartments. A development application (DA) must be lodged for Council’s assessment of the impact of the works on the heritage significance of the conservation area and nearby heritage items.
If the NSW Minister makes the requested IHO, the NSW Heritage Council’s approval will also be required for up to 12 months after the IHO is approved by the NSW Government.
Why is Council seeking an IHO?
Based on evidence and expert advice, Council considers that the NSW Government’s planning changes around four stations have placed 23 Ku-ring-gai heritage conservation areas at risk – all located within 400 metres of Gordon, Killara, Lindfield and Roseville stations. These represent half the total identified heritage conservation areas in Ku-ring-gai. These core areas of fine historic houses and gardens embody the identity and living history of Ku-ring-gai that if lost, cannot be replaced.
The table below shows the current zoning for the land and the new zonings under the TOD planning controls as they apply to the Lindfield, Killara, Gordon and Roseville precincts.
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Ku-ring-gai land use zone / current permissible housing related uses
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Additional housing types permitted within a TOD area*
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Existing development standards under KLEP2015
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Development standards in TOD SEPP
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Notes
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Zone R2 Low Density Residential
Dwelling houses; Secondary dwellings
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Residential flat buildings |
Height: 9.5m (2 storeys)
FSR: 0.3:1 to 0.4:1
Min Lot size: 790 to 930 sqm
Min Frontage: 18m
Affordable Housing: Nil
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Height: 22m (6 to 7 storeys)
FSR: 2.5:1
Min Lot size: Nil
Min Frontage: 21m
Affordable Housing: at least 2% of the gross floor area
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* A ‘Transport Oriented Development Area’, refers to land identified on the ‘Transport Oriented Development Sites Map’. This is residential land generally within 400m distance of Railway station of Roseville, Lindfield, Killara and Gordon.
- Residential flat buildings in Zone E1 Local Centre are required to have active street frontages.
- Minimum parking rates will apply to affordable housing units. The minimum car parking requirement for all other units is set out in the ‘Guide to Traffic Generating Developments’.
- Developments applications in TOD areas, will be assessed by Council.
- Assessment of development applications must consider the Apartment Design Guide.
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Zone R3 Medium Density Residential
Attached dwellings; Boarding houses; Dwelling houses; Multi dwelling houses (Townhouses); Seniors housing; Shop top housing
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Residential flat buildings |
Height: 11.5m (3 storeys)
FSR: 0.8:1
Min Lot size: 1200sqm
Min Frontage: 24m
Affordable Housing: Nil
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Height: 22m (6 to 7 storeys)
FSR: 2.5:1
Min Lot size: Nil
Min Frontage: 21m
Affordable Housing: at least 2% of the gross floor area
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Zone R4 High Density Residential
Attached dwellings; Boarding houses; Dwelling houses; Multi dwelling housing (Townhouses); Residential flat buildings; Seniors housing; Shop top housing
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Residential flat buildings |
Height: 17.5m (5 storeys)
FSR: 1.3:1
Min Lot size: 1200 - 2400sqm
Min Frontage: 24m
Affordable Housing: Nil
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Height: 22m (6 to 7 storeys)
FSR: 2.5:1
Min Lot size: Nil
Min Frontage: 21m
Affordable Housing: at least 2% of the gross floor area
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Zone E1 Local Centre
Boarding houses; shop top housing
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Residential flat buildings |
Residential Flat Buildings
N/A
Shop Top Housing
Height: 11.5m to 38.5m (2 to 9 storeys depending on the centre)
FSR: 1:1 to 3.5:1 depending on centre and location
Min Lot size: Nil
Min Frontage: 20m
Affordable Housing: Nil
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Residential Flat Buildings
Height: 22m (6 storeys)
FSR: 2.5:1
Min Lot size: Nil
Min Frontage: 21m
Affordable Housing: at least 2% of the gross floor area
Active street frontages of buildings at the ground floor
Shop Top Housing
Height: 25m (6 to 7 storeys)
FSR: 2.5:1
Min Lot size: Nil
Min Frontage: 21m
Affordable Housing: at least 2% of the gross floor area
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