TOD

TOD-SSDA (State Significant Planning Applications) Update

In our last email in March, we undertook to investigate the SSDA (State Significant Planning Applications) that were beginning to be lodged in some HCAs (Heritage Conservation Areas) in Roseville, Lindfield, Killara, and Gordon under the ‘protection” of the State’s TOD that came into effect in May 2024. The Council's ‘new” TOD will generally restrict the density and location of apartment buildings away from HCA’s towards the town centres. It seems that applications inside the State TOD, but outside the Council TOD, that have passed through the preliminary assessment “SEARS Stage“ before 14 June will be “grandfathered” (under the State TOD). This is a somewhat normal arrangement that Planners call Transitional and Savings provisions. The effects are however dramatic to the streets where this will occur.

What is SSDA and what does it do?

It’s a separate way of getting a Development Application lodged, assessed, and approved through NSW Dept of Planning. It’s for applications over a certain construction cost threshold ($70m for apartments) that must include a % of affordable housing. Those below the threshold still go through Council albeit they are constrained by the regional planning panel’s role. The objective is to accelerate the approval and delivery of new larger scale development to address the State’s housing crisis. SSDAs set aside some planning controls like Councils Heritage DCPs ( Development Control Plan)  provisions but applications still require proper heritage assessment. The applications are advertised/exhibited and subject to both Council and Resident/Community submissions. SSDA can be searched, reviewed and submissions made via the State Planning portal.

How did we end up in this “Planning No-man’s Land”

It goes back to early COVID in 2020 when all Councils were required by the state to prepare a Housing Strategy to identify additional land to be zoned for housing growth. Ku-ring-gai Council were uncooperative, rejected the growth targets and effectively made no change to their LEP.  This entrenched the decade long view that Ku-ring-gai were recalcitrant heritage zealots who used planning to “salt the earth” preventing sensible development. Basically, NIMBYs living in $4m Federation Houses not pulling their weight.

Coming out of COVID the housing crisis became mainstream politically. Part of the solution was to remove planning blockages and zone more land for apartments near transport and amenity. Enter the TODs in early 2024 on 40ish Sydney Stations including 4 in Ku-ring-gai. Councils could choose to accept the State 400m template or do their own LEP but within a defined timeframe. All Councils complied except for Ku-ring-gai who attempted to mount a rebellion and undertook ill-advised court action. A ceasefire was finally agreed with Ku-ring-gai committing to prepare a proper TOD. In this they have done a comprehensive job and should be congratulated.

The 12 month “gap” has allowed time for developers to secure options over land inside the State TOD but outside the Council TOD. This difference wasn’t defined until Council's Preferred Scenario was exhibited on March 25 - but the train had left the station. Many thousands of hours have been spent by developers preparing applications. The lucky homeowners selling to a developer at nearly twice the property value win, while the neighbours left behind lose.  

Like cruise ships that have run aground, overbearing and isolated 10 storey apartment buildings will appear on our domestic scale streets.

It’s a mess on a mess that no one wants to own. (Profanity edited)

What can we do?

Submissions on individual SSDA applications can be made during the exhibition period via the portal here:

There are now 19 or so SSDA applications in Ku-ring-gai, so please check for one near you. Over 50 objections or one from Council require the application/submissions to be considered by the Planning Commission. To be counted, submissions need to be individually framed and ideally specific. (The "I just don’t like it" basically gets ignored!) SSDA’s go through a State Significant Design Review Panel involving Architects, Landscape and Urban Designers who are more likely to reflect on appearance/impact issues than planners looking purely at compliance. We suggest putting forward desired design changes that would lessen/mitigate the impact. eg. one less storey to reduce overshadowing, setback upper level to lessen visual impact, greater boundary/street setback to keep gardens suburb/tree canopy, introduce domestic scale to maintain the streetscape, more building articulation to reduce bulk.

As always, reach out to us if we can help.

Update regarding the Lindfield Village Hub and TOD

Here is an update regarding the Ku-ring-gai Council’s Transport Orientated Development (TOD) plans and the impact it will have on the Lindfield Village Hub (LVH).

In summary,

1.       Council has opposed the State TOD, produced 4 scenarios of their own and sought feedback from the community.

2.       Council has taken the community feedback and settled on an alternative TOD which includes:

a.      Extending the TOD area to 800m from the Gordon and Lindfield railway stations

b.      Increasing the height to 28 storeys in Gordon and 18 storeys in Lindfield

c.       Retaining 80% of Heritage Conservation Areas (HCA)

3.       The alternative TOD is open for public comment until Tuesday April 22nd 5pm. Have your say now.

4.       State Government TOD is active now and will remain active until the Council alternative TOD is approved. More applications will be submitted and grandfathered once the new TOD is in place. However, they would not pass approval with the new TOD.

5.       Positive impact for Lindfield Village Hub.

For more detail about each point above and links to council documents, please read on. 

Point 1

Many will be aware that the NSW Planning Minister introduced a TOD (Transport Oriented Development) in May 2024 that covers land (except Listed Heritage Houses) within 400m of Roseville, Lindfield, Killara, and Gordon Stations. The State TOD effectively rezoned land for 6-8 storey apartment buildings across much of the HCA’s (Heritage Conservation areas). A blunt approach, with very poor planning and development outcomes.  The State Government, however, left the door open for Ku-ring-Gai Council to prepare an alternative if it was sensible and achieved the same housing numbers.  In late 2024, Council produced 4 Scenarios and planning principles for the community to consider. Support Lindfield produced a video explaining the State TOD and these scenarios.

Point 2 

Over the past few months Council have consolidated the community feedback, produced a 400-page document, settled on a preferred alternative TOD. This went on public exhibition a few weeks ago. It effectively retains some 80% of the HCA predominately on the eastern side of the rail in Roseville and Gordon. To achieve the same housing numbers, the density and heights in Lindfield and Gordon Town centres has been significantly increased. It peaks at 18 storeys in the Lindfield/LVH area and 28 storeys on the Council Chamber site in Gordon. Additionally, the new TOD area is extended to up to 800m on the eastern side of Lindfield and Gordon. This link takes you to the details of changes around each station.

Point 3

The new Ku-ring-gai Council TOD is a very dramatic change to our suburb but the least worst option available given the State TOD is in place and active. The preferred TOD is open for public comment via an online survey until 22 April 2025 at 5pm, an insanely short period given Easter and school holidays. We encourage all to participate. Link to Survey.

Point 4

One of the issues that has arisen from this State/Council planning fiasco is that the current State TOD is lawful and remains in place until another replaces it. This means that a Development Application can be made now on land that falls outside the new Council TOD or with lower planning controls (height, density, setbacks). The new Council TOD could be 6-9 months away from being considered by NSW Planning and brought into force. New planning instruments (eg. Council TOD) contain a “Saving and Transitional” provision that effectively lawfully “grandfathers” developments that are in the planning process at a prescribed date.  Currently there are about a dozen mainly SSDA (State Significant Development Applications) in the planning process but many more are expected. It is expected that many will be on land that would not be permissible under the new Council TOD. They are SSDA and have an added barb in that they set aside the Council’s heritage controls in Ku-ring-gai’s Development Control Plan (DCP). Additionally, there will be many Heritage Listed Houses that will be isolated/orphaned and surrounded by an 8-9 storey building. Understandably, these owners are irate as their “listing” was often unknown and from dubious drive by assessments. The worst of all worlds for many, hence the fiasco! More on these in Roseville and Killara in the next update.

Point 5

Despite the impacts there are positives for the LVH (Lindfield Village Hub). You might remember it stalled about 18 months ago when the State Government reneged on their $10m contribution to the commuter parking 24 hours before Council and the Preferred Developer were due to sign the project agreements. The additional floor space/apartments and height (9-18 storeys) under the new TOD will make the project viable. With the increased number of apartments in Roseville, Lindfield and Killara over the next 30 years the Hub will be crucial to the TOD’s success and community life of existing and new residents. It’s the New Heart to our Village that the community envisaged 13 years ago. 

As Season 13 of the Hub finishes, we await Season 14 where the HUB will have to be replanned/designed to accommodate the TOD changes.

Ku-ring-gai's Transport Orientated Development - what does it mean for the Community and the Hub?

You may have heard or received information about the State Government’s TODs, Ku-ring-gai’s Transport Orientated Development, that began in May 2024. It intensifies apartment development around Roseville, Lindfield, Killara, and Gordon Stations. Over the next 20 years the removal of grand houses on large lots will change the character of the area. Ku-ring-gai Council is seeking to replace this high impact TOD with an alternative and have prepared 4 Scenarios for Community Consultation. The objective is to intensify the town centres and reduce the impact on Heritage Conservation Areas.

Support Lindfield encourages all residents to participate in the process to help achieve a better planning outcome. We have put together an 11 minute Video/Powerpoint presentation that provides background and a summary of the scenarios to assist in understanding the impact. It is NOT advice particularly on individual properties. There is reference to the Lindfield Village Hub as well. It is now inevitable that the Hub project will be integrated into the plans to address the State Government’s housing targets and TOD scenarios.

Following watching, we recommend you go to the Council website where you can “cast your vote” on your preferred scenario. Closes 17 December 2024 at midnight.

On the website
1. Have a look at the scenarios on the right hand side
2. Click on the “complete the survey” link.  This will take about 5 minutes.

There are questions asking why you’ve selected specific scenarios. In the video clip, Andrew has stated "Scenario 2a is the “sensible centre” and is likely to get State Government approval."
However, choose another scenario if it suits your preferences.

More information can be accessed through Council's website.
https://www.krg.nsw.gov.au/Planning-and-development/Changes-to-NSW-Government-housing-policy
https://www.youtube.com/watch?v=f1INkhk5YuU