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
In addition to the above, the Council has sought documents from the NSW Government, some of which have been produced.
Council will be able to give an update on the legal proceedings after the matter is next heard in Court.
Interim Heritage Order
At its meeting in July 2024 the Council resolved to seek an interim heritage order (IHO) for heritage conservation areas in the TOD precincts.
Read the Council meeting minutes here
Read the Council media release here
On 29 August 2024, the NSW Government advised the Council that it was not intending to support the IHO.
Read the letter from the Minister for Heritage here(PDF, 1MB)
Read the Mayor's response to this letter here(PDF, 2MB)
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?
Any site, currently listed as a heritage item, would have been listed following a detailed planning process, including an investigation of the heritage values of the site. This means any request to delist a site also requires a detailed process.
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. This needs to demonstrate that the place does not have local heritage significance for local listing.
Even if a heritage delisting is supported for a site within 400m of a TOD railway station, this does not mean that the TOD height, floor space and other planning controls will apply to this site because heritage listed sites have been excluded, as mapped, from the TOD provisions and because the NSW Government, not the Council, is responsible for the planning instrument which makes TOD controls.
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.
I am a heritage site owner and concerned about impacts from surrounding development? What can be done about this?
Ku-ring-gai Council has objected to the TOD planning controls which came into effect in May 2024, in part because these controls represent a poorly thought-out planning approach with the potential to impact on heritage items and heritage conservation areas within the TOD precincts.
This is one reason why the Council, in May 2024, resolved to prepare alternative development options for the TOD precincts. Subject to Council endorsement, these options will be exhibited in late 2024 or early 2025.
In saying this, if the NSW Government controls remain in place, there is no certainty that TOD sites will be developed to the maximum building height or floor space until a development application (DA) has been assessed and approved for the subject site.
When a development application is lodged with Council in a TOD precinct, Council will notify surrounding landowners and conduct a merit assessment of the proposal, including reviewing heritage impacts. This assessment will include considering any community comments received in relation to the application.
The Government’s TOD controls made no change to existing heritage items or conservation areas, or the development assessment system which applies to these items or areas.
In addition, the NSW Government has not provided detailed advice as to how the high density of development, contemplated under these NSW Government’s planning controls, can be achieved in Ku-ring-gai’s heritage conservation areas or adjoining its heritage items with an acceptable impact.
What advice can you provide about what development I can achieve on my land in a TOD precinct?
However, Council does provide a Pre DA service which provides advice on development proposals prior to the formal lodgement of a development application. To seek advice from Council on issues in relation to a development proposal, you can book a Pre DA consultation.
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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