Transport Oriented Development

The NSW Government is implementing 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). 

The government announced on 29 April 2024 that the TOD planning controls will take effect from Monday 13 May 2024.

The TOD would introduce 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 media release
Gazetted TOD policy

Update 10 May

On Wednesday 8 May the Council held an extraordinary meeting to consider a Mayoral Minute on legal action against the government’s TOD policy. 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 meeting are available online. Read Council media release.

What this means for Ku-ring-gai

Properties that fall within 400 metres of Roseville, Lindfield, Killara and Gordon railway stations are potentially covered by the TOD planning controls, with the exception of heritage properties and other public buildings.

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.

The government has also stated that applications involving heritage considerations will continue to be lodged with and assessed by councils. However Ku-ring-gai Council remains concerned that protection for heritage properties can be overridden by the state government’s TOD planning controls.

Is your 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.

Search your property

The State Government maps are still in draft and can be viewed using the NSW Planning Portal Spatial Viewer.

Instructions

  1. Click on the Layers Filter
  2. Type in and select "Notified Amendments with Deferred Commencement"
  3. Select "SEPP (Housing) 2021"
  4. Select "TOD_SEPP (housing) Amendment (Transport Oriented Development 2024) (Notified on 29 April 2024, commencing 13 May 2024). Select the two options available. 
  5. Type your address in 

NSW Planning Portal Spatial Viewer

Planning controls summary

The below table shows the current zoning for the land and the new zonings under the TOD SEPP. 

Ku-ring-gai land use zone / current permissible housing related uses

Additional housing types permitted within a TOD area*

Existing development standards under KLEP2015

Development standards in TOD SEPP

Notes

Zone R2 Low Density Residential

Dwelling houses; Secondary dwellings

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

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

* 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.

Zone R3 Medium Density Residential

Attached dwellings; Boarding houses; Dwelling houses; Multi dwelling houses (Townhouses); Seniors housing; Shop top housing

Residential flat buildings

Height: 11.5m (3 storeys)

FSR: 0.8:1

Min Lot size: 1200sqm

Min Frontage: 24m

Affordable Housing: Nil

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

Zone R4 High Density Residential

Attached dwellings; Boarding houses; Dwelling houses; Multi dwelling housing (Townhouses); Residential flat buildings; Seniors housing; Shop top housing

Residential flat buildings

Height: 17.5m (5 storeys)

FSR: 1.3:1

Min Lot size: 1200 - 2400sqm

Min Frontage: 24m

Affordable Housing: Nil

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

Zone E1 Local Centre

Boarding houses; shop top housing

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

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

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