Transport Oriented Development
The NSW Government has implemented 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).
TOD planning controls came into effect from Monday 13 May 2024.
The TOD introduced 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: Wednesday 19 June
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.
View Summons issued in the Land and Environment Court of NSW to the NSW State Government.(PDF, 691KB)
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 now available on the NSW Planning Portal Spatial Viewer.
Instructions
- Click on the Layers Filter
- Select "State Environmental Planning Policies"
- Select "SEPP (Housing) 2021"
- Select "Transport Oriented Sites Map”
- 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.
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Ku-ring-gai land use zone / current permissible housing related uses
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Additional housing types permitted within a TOD area*
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Existing development standards under KLEP2015
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Development standards in TOD SEPP
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Notes
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Zone R2 Low Density Residential
Dwelling houses; Secondary dwellings
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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
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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
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* 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.
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Zone R3 Medium Density Residential
Attached dwellings; Boarding houses; Dwelling houses; Multi dwelling houses (Townhouses); Seniors housing; Shop top housing
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Residential flat buildings |
Height: 11.5m (3 storeys)
FSR: 0.8:1
Min Lot size: 1200sqm
Min Frontage: 24m
Affordable Housing: Nil
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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
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Zone R4 High Density Residential
Attached dwellings; Boarding houses; Dwelling houses; Multi dwelling housing (Townhouses); Residential flat buildings; Seniors housing; Shop top housing
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Residential flat buildings |
Height: 17.5m (5 storeys)
FSR: 1.3:1
Min Lot size: 1200 - 2400sqm
Min Frontage: 24m
Affordable Housing: Nil
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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
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Zone E1 Local Centre
Boarding houses; shop top housing
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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
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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
Active street frontages of buildings at the ground floor
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
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How can I remove a heritage listing to access TOD?
A change to a heritage listing does not change the properties to which TOD applies because this would also require the State Government to change the statutory map. This is not a matter for Council to direct or determine. Enquiries regarding changing the sites to which TOD applies need to be directed to the State Government.
Heritage item listing recognises and protects the heritage significance of an individual place. The surrounding development or surrounding development standards beyond the listed site are not listing considerations for heritage items. The impact of surrounding development is considered through the development assessment process using the heritage provisions of the local plan.
To request Council to consider delisting, this requires the proponent to lodge a planning proposal and heritage assessment as set out on Listing heritage Ku-ring-gai.
What about neighbouring development under TOD?
The State Government’s SEPP changes the development controls that permit a type of development, however the final form of this development is not determined until a development application is approved by Council or other consent authority. For approval, the development application and assessment must take into account the local planning requirements to conserve heritage and other environmental objectives. The community is invited to make submissions that are considered before a development is determined.
Council cannot advise on the outcomes from these new development controls established by the State Government. The State Government has released a guideline at Guidance to Transport Oriented Development.
To seek advice from Council on issues for a development proposal, proponents can book pre-DA consultation as set out at Pre DA consultation.