Proposed changes to NSW housing policy and its impacts on Ku-ring-gai
Published on 12 April 2024
Page last updated: 29 April
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Introduction
Transport Oriented Development to commence 13 May
Ku-ring-gai Council media statement on transport-oriented development announcement
Ku-ring-gai responds to NSW Government's housing pledge
Letter from Paul Scully MP to Mayor Sam Ngai
Letter response from Mayor Sam Ngai to Paul Scully MP
Council launches campaign to demand better planning
What the TOD means for Ku-ring-gai
Changes to create low and mid-rise housing as at 12 April
Ku-ring-gai Council submission - Low and mid-rise housing
Transport Oriented Development
Ku-ring-gai Council submission - Transport Oriented Development Program
Affordable Housing
Existing Heritage, Environmental and other Planning Controls
Map of proposed new housing controls in Ku-ring-gai
Public information session
Council resolutions on housing
Council cover letter to Portfolio Committee No. 7 – Planning and Environment inquiry into the development of the TOD Program
Have your say
The NSW Government is implementing one of the most far-reaching policies on new housing in decades.
The policy will mean significant changes to development in Ku-ring-gai. Under the proposed changes, dual occupancies will be allowed in most residential zones in Ku-ring-gai on minimum block sizes of 450sqm.
Terraces, townhouses, manor houses (two storey apartment blocks) and 6 to 7 storey mid-rise apartment blocks will be permitted within walking distance of Ku-ring-gai’s railway stations and possibly other local centres.
The proposed new development controls will apply in Heritage Conservation Areas. The requirements for landscaping and tree retention will also be significantly reduced.
Another part of the state government’s plan for new housing is ‘Transport Oriented Development’ (TOD). This would introduce a blanket 6/7 storey height rule for unit developments near Roseville, Lindfield, Killara, and Gordon railway stations. The public was not consulted about the TOD policy, but Ku-ring-gai Council prepared a submission to the government on our community’s behalf. To help us do this, we invited residents to complete an online survey.
Learn more at the NSW Government’s planning website.
NSW Government announced the Transport Oriented Development Housing policy will commence on Monday 13 May.
Land as to which the policy applies has been identified on maps adopted by the Housing SEPP. The NSW Government made the maps available on the NSW Government website on Tuesday 30 April 2024. To access the maps and check whether the TOD controls apply to your property, type in your property address in the specified field.
Learn more about the Transport Oriented Development policy
The Council has issued a media release outlining its response to the government’s announcement on 29 April about Transport Oriented Development.
Read the media release here
Mayor Sam Ngai also requested a meeting with the NSW Planning Minister Paul Scully which took place on Thursday 2 May.
Council has responded to a letter received late Thursday 11 April from Planning Minister Paul Scully outlining the government’s intentions.
Read full media release
View letter from Paul Scully MP to Mayor Sam Ngai(PDF, 950KB)
View letter response from Mayor Sam Ngai to Paul Scully MP(PDF, 13MB)
Council has launched a campaign inviting our residents to join us to demand better planning from the NSW Government.
What Council is calling for is:
✅ Consulting directly with communities
✅ Working with local councils to understand each community
✅ Protecting natural and built heritage
✅ Maintaining the tree canopy, wildlife and environment
✅ Investing in all necessary new and additional infrastructure.
There are a number of ways you can help fight these changes. Click the below link to learn how you can add your voice to the campaign.
Learn what actions you can take to help fight these changes
The NSW Government announced changes to planning legislation affecting transport oriented development on 29 April 2024. The changes come into effect on Monday 13 May 2024.
The main changes 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.
- According to the government, no change to heritage clauses in local environmental plans. Applications involving heritage considerations will continue to be lodged with and assessed by councils.
The announcement on 29 April has amended some aspects of the NSW Government’s housing policy previously announced. See below
Visual representation of proposed density
Dual occupancies
The NSW Government has referred to dual occupancies as being two dwellings on a single lot, commonly known as duplexes or semis.
It is proposed that dual occupancies be permitted on all land zoned R2 (low density residential), up to 9.5m high and floor space ratio of 0.65:1, provided the minimum lot size is 450 square metres and a minimum 12m in width.
Tree canopy targets will be as low as 15% of the site area.
Currently dual occupancies are generally not permitted in Ku‑ring‑gai.
Multi-dwelling housing near stations and town centres
The NSW Government has referred to multi-dwelling housing as being terraces, townhouses and manor houses (two storey apartment buildings).
It is proposed that within 800m walking distance of a railway station or a centre with a wide range of frequently needed goods and services such as full line supermarkets, shops and restaurants, the following will be permitted:
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On land zoned R2 (low density residential): terraces and townhouses up to 9.5m high at floor space ratio 0.7:1, plus manor houses up to 9.5m high and floor space ratio 0.8:1. This is in addition to existing controls that allow multi-dwelling housing in R3 and R4 zones.
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Tree canopy targets will be as low as 20% of the site area.
Examples of low-rise housing
Mid-rise housing near stations and town centres
The NSW Government has referred to mid-rise housing as being residential apartment buildings and shop-top housing that is generally between 3 and 6 storeys.
It is proposed that within 400m walking distance of a railway station or a centre with a wide range of frequently needed goods and services such as full line supermarkets, shops and restaurants, the following will be permitted:
- On land zoned E1 (local centres) or MU1 (mixed use): up to 21m high ( pprox.. 6 to 7 storey) shop-top housing at a floor space ratio of 3:1
- On land zoned R3 (medium density): up to 21m high ( pprox.. 6 to 7 storey) apartments at a floor space ratio of 3:1
It is proposed that between 400m and 800m walking distance of a railway station or a centre with a wide range of frequently needed goods and services such as full line supermarkets, shops and restaurants, the following will be permitted:
- On land zoned E1 (local centres) or MU1 (mixed use): up to 16m high ( pprox.. 4 to 5 storey) shop-top housing at a floor space ratio of 2:1
- On land zoned R3 (medium density): up to 16m high ( pprox.. 4 to 5 storey) apartments at a floor space ratio of 2:1
The proposed planning control would reduce requirements for deep soil planting and tree targets from 50% to 7% of site area for mid-rise housing.
The government is seeking input from councils to determine which E1 and MU1 centres contain an appropriate level of goods, services and amenities to be included for mid-rise housing and multi-dwelling housing.
Examples of mid-rise housing
Ku-ring-gai Council has made the below submission on the proposed low and mid rise housing policy changes.
Final Ku-ring-gai Council Submission - Changes to create low and mid rise housing(PDF, 18MB)
Transport Oriented Development
The Transport Oriented Development (TOD) program is another part of the NSW Government’s plan to increase the supply of housing.
The public was not directly consulted about this program. The government is instead asked for feedback from councils.
The TOD program will focus on precincts that have existing infrastructure and are located within 400m of certain railway stations across Sydney. There are four locations proposed in Ku-ring-gai: Roseville, Lindfield, Killara and Gordon.
In these four locations the changes will allow:
Briefing on Transport Oriented Development from the Dept of Planning, Housing and Infrastructure for Ku-ring-gai(PDF, 1MB)
View the Transport Oriented Development program
Ku-ring-gai Council previously made the below submission to the NSW Government on the TOD program.
Although the public was not consulted by the NSW Government about the TOD program, Ku-ring-gai residents completed an online survey to assist the Council in preparing this submission (survey closed on 16 Feb).
On 14 December 2023 the NSW Government implemented affordable housing reforms to encourage private developers to boost affordable housing and deliver more housing.
The reforms include a floor space ratio bonus of 20–30% and a height bonus of 20–30% for projects that include at least 10-15% of gross floor area as affordable housing. The height bonus only applies to residential flat buildings and shop-top housing.
This could mean that the proposed 21m high (6 to 7 storey) apartment buildings may be up to 27m high (8 to 9 storeys) inclusive of a 30% affordable housing bonus.
This part of the housing policy is already in effect.
Read the announcement
Learn more about these changes
View the proposed policy
Planning controls in Local Environmental Plans and Development Control Plans such as heritage and environmental considerations will continue to apply, but only to the extent they are not inconsistent with the proposed new planning controls. This means the proposed new controls will override the existing controls.
The proposed new planning controls will apply in Heritage Conservation Areas and the NSW Government has stated it will result in significant changes in these locations as housing is delivered.
The proposed new planning controls will apply in Heritage Conservation Areas.
An affordable housing bonus of up to 30% height and floor space ratio may apply in addition to the proposed new planning controls shown on this map.
It is possible that other local centres will be added to the government plans if they are considered to have a wide range of goods and services.
Ku-ring-gai local government area
*Please note: This map is indicative only.
* The areas showing proposed new planning controls are indicative based on information provided by the NSW Government. The purpose of this map is to indicate the proposed changes at a high level and it should not be used to assess impacts on individual properties. The areas proposed for new planning controls are shown as circles on the map for simplicity but may differ if implemented. There may be more or fewer properties impacted by the proposed new planning controls than is shown on this map.
In addition to all of the railway stations, the NSW Government is seeking input as to which other areas with shops (with E1 Local Centre or MU1 Mixed Use zoning) in Ku-ring-gai should be included for mid-rise housing, multi dwelling housing and manor houses. The government provides guidance that these shopping areas should provide a wide range of frequently needed goods and services such as full line supermarkets, shops and restaurants. Apart from at railway stations, this map also shows the proposed new planning controls around the St Ives Shopping Village, on the basis that it is an area in Ku-ring-gai that is likely to meet the government criteria.
It is possible that other local centres will be added to the government plans if they are considered to have a wide range of goods and services.
Ku-ring-gai Council held a public information session on 31 January. See below for a video recording of the session and presentation slides.
Housing changes presentation slides(PDF, 7MB)
This a summary of the questions put forward online at the public forum on 31 January that were not addressed due to time limitations. Please note that comments/observations relating to the meeting itself, as well as general comments or political commentary have not been included.
Public forum questions and responses(PDF, 203KB)
If you would like further clarification or have other questions please contact us at krg@krg.nsw.gov.au
Monday 5 February
At the Extraordinary Meeting of Council, Council unanimously resolved to take action against the State Government's housing policies. Council's resolution:
A. Condemns the State Government for its irresponsible approach to planning for the future of the built and natural environment in NSW.
B. Rejects the proposed changes to planning controls and demands that they be withdrawn with genuine consultation to be undertaken with councils and their communities, as intended by the National Housing Accord 2022.
C. Explore all options to oppose the changes and stop them being implemented.
D. Lodge applications under the GIPA act to obtain the NSW Government analysis of the proposed planning controls and other information relating to the possible impact on Ku-ring-gai.
E. Continue to actively inform the community, and request NSROC and Local Government NSW to lobby against the proposed changes to planning controls.
F. Write to the Mayors of all Sydney metropolitan councils seeking for these councils to fight back and demand that the proposed changes to planning controls be withdrawn.
G. Arrange for banners in key locations to alert residents to the proposed changes.
H. Continue to actively campaign against the proposed changes, collaborating with the community, councils and other stakeholders.
I. Authorise the General Manager to take all action necessary to implement this resolution and otherwise progress the interests of Council consistent with this resolution.
View minutes from the Council meeting
Tuesday 20 February
Council considered a report on the NSW Government’s Transport Oriented Development (TOD) Program and proposed Low and Mid-Rise Housing at the Council meeting.
Read the Council report
View minutes from the Council meeting
Monday 25 March
At the Extraordinary Meeting of Council, Council’s response to the proposed Transport Oriented Development and Low and Mid-rise Housing SEPPs was further considered.
View the Council report
View minutes from the Council meeting
Full submission can read in the attachments for the Council submission for the TOD Program above.
Council cover letter for submission to the Portfolio Committee No. 7 – Planning and Environment inquiry into the development of the TOD Program(PDF, 167KB)
Council has launched a campaign inviting our residents to join us to demand better planning from the NSW Government.
Learn what actions you can take to help fight these changes