State Significant Development and Transport Oriented Development DAs

In May 2024, the Government implemented the Transport Oriented Development (TOD) planning policy for areas within 400m of Roseville, Lindfield, Killara and Gordon stations.

Council has also prepared an alternate preferred scenario to the TOD for submission to the NSW Government.

More information about the TOD in Ku-ring-gai.

The Department of Planning, Housing and Infrastructure (DPHI) is receiving State Significant Development (SSD) applications. Council is also receiving Development Applications lodged under the TOD controls.

What are State Significant Development applications? And what is Council’s role?

SSD applications are for large scale or complex projects deemed important to the state for economic, environmental or social reasons. SSD applications are assessed by the Department of Planning, Housing and Infrastructure and determined by the Minister for Planning or Independent Planning Commission. Council is notified of and invited to comment on SSD applications at the exhibition stage. Developments for in-fill affordable housing with a capital investment value (CIV) of more than $75million qualify for a SSD application.

Can Council stop State Significant housing developments and other DAs in the TOD areas in Ku-ring-gai that do not adhere to the parameters of the Preferred Scenario?

Many of the SSD applications are inconsistent with Council’s Preferred Scenario. The Council report - TOD Alternatives Post Exhibition -Preferred Scenario, Masterplan and Implementation Strategy, recommends that Council: “Make a request to DPHI that no State Significant Applications in the TOD precincts be saved due to the significant inconsistencies with Council’s TOD Preferred Scenario”.

DPHI originally advised that once Council submits an alternative scheme to the Department, Government will look to prevent the lodgement of further development applications until such time as an alternative scheme is finalised. Further, Secretary’s Environmental Assessment Requirements that have been issued but not responded to prior to the submission of an alternative scheme will not be saved.

The DPHI advised on 17 May a change in their position which is:

• Upon Ku-ring-gai Council formally submitting to the Department an alternate scheme that seeks to replace the existing TOD planning controls, steps will be taken to disapply those existing controls after Friday 13 June 2025. Applicants will still be able to lodge SSD applications and local DAs thereafter but the TOD planning controls will no longer have application.
• As part of that process and subject to any final Ministerial approval, the Department is proposing to save all state significant development applications with valid SEARs and all local DAs lodged but not yet determined (including any local DAs subject of an appeal to the Land and Environment Court) until Friday 13 June 2025. 

What is a secretary’s environmental assessment requirements (SEARs)?

SEARs identify what information needs to be included in the environmental impact statement (EIS). A request for SEARs must be made for all State Significant Development (SSD) projects before a development application can be submitted.

State Significant Developments in Ku-ring-gai Council Transport Oriented Development areas 6 June 2025

Information for submitters

Transport Oriented Developments lodged with Ku-ring-gai Council at 6 June 2025

TOD DAs with a value of $30,000,000 to $75,000,000 are generally determined by the Sydney North Planning Panel (SNPP)

Development related submissions