With the TOD policy being recently introduced into the NSW planning system, the past few weeks have seen NSW councils clash with the state government, with Ku-ring-gai Council voting unanimously at a recent extraordinary meeting to pursue legal action in the NSW Land and Environment Court against the government’s new housing policy.

The meeting was called by five councillors to consider Council’s response to the new housing policy, which impacts Gordon, Killara, Lindfield and Roseville station precincts.

Under the new TOD program, height limits for sites in these precincts have improved to 22 and 24 metres in height, along with floor space ratios, which Council says have fatally weakened local controls on heritage, setbacks and urban canopy.

Mayor Sam Ngai said that Council is taking action “because of the ambiguity that is inherent in these new planning controls”. “Our residents and landowners want certainty over what exactly they can do with their land, and the role of government is to provide this certainty”, said Mayor Ngai.

The Mayor also added that the state-imposed policy would come into effect on 13 May, despite multiple requests from Ku-ring-gai Council since November last year to collaborate on infrastructure outcomes and establish a 12-month extension for appropriate planning.

Premier Chris Minns said he’s not concerned about other councils following suit, noting that Ku-ring-gai was always the one holdout to the reform. Premier Minns said that “the day of passing the buck and saying we can’t do anything about housing reform or zoning are over”.