Canada Bay thinking of taking legal action

Canada Bay Council is now weighing up whether to take legal action against the NSW Government’s plans to rezone mass areas – predominantly low-density streets – to create 16,100 medium to high-rise density homes.

FOKE strongly supports Ku-ring-gai Council’s legal action against the NSW Government’s Transport Oriented Development (TOD).

Read article by David Barwell, Inner West Courier, 26 August 2024 below:


NSW struggling to meet housing targets due to funding and labour

New South Wales Premier Chris Minns reveals the state is struggling to meet housing targets as he calls on the federal government to fast-track tradies immigration into Australia.

An inner west council is weighing up a legal challenge against a NSW government plan to rezone dozens of low-density suburban streets to create up to 16,000 medium- and high-rise homes.

Concerns over lack of infrastructure, including schools and hospitals, has prompted Canada Bay Council to seek “immediate legal advice” over the government’s plan to transform large sections of Homebush and surrounding areas to help meet Sydney’s housing shortages.

The government’s plan would pave the way for up to 16,100 homes to be built in the area, along with “the potential for new open space, pathways and cycleways”.

Developers would have to meet affordable housing targets of 5 to 10 per cent in all new developments, equating to up to 1610 homes offered to renters and buyers at affordable rates.

Canada Bay Council has raised a string of objections over the implications of the policy including a lack of hospitals and schools to cater for the predicted population surge.

Modelling by the council anticipates the rezoning plans would see an extra 40,000 people live in the area – a figure the council warned was “well in excess of what can be reasonably accommodated.”

The population surge could see an extra 3000 school-aged children live in the area, placing further pressure on already overcrowded schools with no new school infrastructure identified in the precinct.

At an extraordinary council meeting called to discuss the proposed zoning laws, Canada Bay councillors endorsed a motion to “immediately seek legal and other advice regarding the suspension of the rezoning proposal in the event there is no provision made for appropriate health and education infrastructure and affordable housing at 15 per cent in perpetuity”.

The council will also write to NSW Planning Minister Paul Scully to question why Homebush has received a housing target of 16,100 new homes – far higher than seven other Sydney suburbs earmarked for increased density under the government’s “accelerated” housing rezoning plans.

Homebush would make up up more than 26 per cent of all new homes earmarked for increased density across the eight precincts.

Current Canada Bay Liberal Mayor Michael Megna believed the council was being unfairly targeted.



We’ve copped our fair share of development, so why are we getting the rough end?” he said.

The rezoning plans have also united councillors across the political divide, with Greens councillor Charles Jago saying they contained “barely any discussion of any new educational infrastructure or new schools” to cope with the population growth.

Labor councillor Andrew Ferguson warned the lack of education and other infrastructure could create a “crisis” for the community, while independent councillor Joseph Cordaro labelled the plans “rushed” and “ill-conceived”.


The move has sparked a similarly frosty response on local social media groups, with some residents saying the community was “already packed in like a can of sardines” and questioning “how many more people can you shove in?”

A map of the proposed zoning changes show areas earmarked for increased density include low-density streets around North Strathfield, Homebush and Concord West train stations.

Much of the precinct was previously incorporated into the Parramatta Road Urban Transformation Strategy, which had a lower target of creating 9450 new homes by 2050 – more than 6000 fewer than the current rezoning plans.


Strathfield Council – which borders Canada Bay Council – has also raised concerns over the implications of the current plans, including impacts on traffic, public transport and a shortage of open space.

The government’s rezoning plans have previously prompted other Sydney councils to consider legal action.

They include Ku-ring-gai Council, which has vowed to take the government to court over the policy.

The Department of Planning was contacted for comment but did not provide a response to questions by the time of publication.