Read FOKE’s Submission to Ku-ring-gai Council’s public exhibition of alternative scenarios to the Transport Oriented Development (TOD)
Continue readingMediation or Capitulation?
Ku-ring-gai Council on 5 December 2024 stated it “welcomed a NSW Government statement supporting the Council developing alternative locally-responsive planning controls in the Transport Oriented Development (TOD) precincts at Roseville, Lindfield, Killara and Gordon.”
Please read Ku-ring-gai Council Media Release below:
At its 26 November meeting, Council went into confidential session to consider the outcomes of mediation between Council and the NSW Government, which was undertaken as part of Council’s legal action seeking to invalidate the TOD State Environmental Planning Policy.
At the meeting, Council resolved to accept the mediation agreement(PDF, 93KB).
Ku-ring-gai Mayor Christine Kay said the agreement allowed Council to continue its work delivering dwelling capacity in the four precincts, which was at least equivalent to that envisaged under the government’s TOD scheme.
“As I stated upon the release of our alternative scenarios in mid-November, Ku-ring-gai Council is willing to do its bit to support housing supply, but in a way which is responsive to our unique local area,” Mayor Kay said.
“As I also stated, we are keen for planning in these areas to consider the views of the community and key stakeholders, which is how planning should be done.
“Today’s statement confirms the importance of this work and simply gives this council the same status as other Sydney councils who’ve prepared locally-responsive plans in the TOD precincts.
“While I expect we may receive many inquiries from landowners in response to today’s statement, we are unlikely to be able to provide additional information – beyond what’s covered in the government’s statement – until we complete our work investigating the best housing scenario in the TOD precincts.”
The Mayor said that landowners should take the opportunity to put in a submission on their preferred housing scenario before the closing date of 17 December. The detailed scenarios and ways to give feedback are at the engagement hub.
“While Council’s litigation challenging the TOD SEPP remains on foot, it is hoped that agreement on planning controls can be reached with the NSW Government before the final hearing date, expected to be in mid 2025. Council will be working with NSW Government planning officials to achieve that”, Mayor Kay said.
In November, Council commenced community engagement on five housing scenarios for Roseville, Lindfield, Killara and Gordon, including a scenario based on the government’s TOD controls, Each scenario will deliver around 23,200 homes over 15 years.
Council’s four alternative scenarios include measures (in varying degrees) to protect tree canopy and heritage areas and items, reduce impacts on isolated or adjoining landowners and revitalise and strengthen Ku-ring-gai’s commercial centres.
Ku-ring-gai Council v State of New South Wales
Land and Environment Court Proceedings 2024/00173748
Mediation Agreement reached on 21 November 2024 between Ku-ring-gai Council and the
State of NSW (subject to approval by Council at the Ordinary Meeting on 26 November 2024)
The parties have agreed to take the following steps:
- Council to continue public consultation on specific alternative planning options for
the precincts in Ku-ring-gai LGA affected by the TOD SEPP. Council officers will
collaborate with the Department in developing those alternative planning options
from the date of this agreement. - New South Wales Government to make a public statement to the following effect –
Consistent with the approach it has taken with other Councils, the NSW
Government is supporting Ku-ring-gai Council as it develops specific planning
controls that deliver at least equivalent dwelling capacity to the TOD program,
intended to culminate in an amendment to the TOD SEPP. As a consequence,
the planning controls applicable to the Ku-ring-gai LGA in the TOD SEPP
might change. The process is expected to be completed by May 2025. - Council will use its best endeavours to put relevant proposals to Council for approval
in Council meetings in both February and April 2025. - In the event of a satisfactory proposal being finalised, Council and the Department
will work towards implementation of that proposal in or before May 2025. - The proceedings will remain on foot and the mediation will be adjourned (or left
open) as necessary for the purposes of reaching a final settlement. - The parties agree to continue to prepare the proceedings for hearing in the usual
manner and, at an appropriate time, seek a hearing date in June 2025 or as early as
is appropriate (given the readiness of the proceedings for hearing) after June 2025. - The terms of this agreement will remain confidential until the Statement referred to
in clause 2 is made publicly.
Council Resolution accepting the Mediation Agreement
At the Ordinary Meeting of Council on 26 November 2024, Council resolved as follows in
relation to item C.1 – Land and Environment Court – Transport Oriented Development SEPP
01 Land and Environment Court – Transport Oriented Development SEPP
File: S14468
Vide: C.1
In accordance with the Local Government Act 1993 and the Local Government
(General) Regulation 2021, in the opinion of the General Manager, the following
business is of a kind as referred to in section 10A(2)(g), of the Act, and should be
dealt with in a part of the meeting closed to the public.
Section 10A(2)(g) of the Act permits the meeting to be closed to the public for
business relating to advice concerning litigation, or advice that would otherwise be
privileged from production in legal proceedings on the ground of legal professional
privilege.
This matter is classified confidential under section 10A(2)(g) because it contains
advice concerning a legal matter that:
(a) is a substantial issue relating to a matter in which the Council is involved
(b) is clearly identified in the advice, and
(c) is fully discussed in that advice.
It is not in the public interest to release details of the legal advice as it would
prejudice Council’s position in court proceedings.
Report by General Manager dated 22 November 2024.
Resolved:
(Moved: Councillors Spencer/Pettett)
That Council accept the proposed mediation agreement detailed in this report.
CARRIED UNANIMOUSLY
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Video explaining Alterative TOD Scenarios
Watch the video of Ku-ring-gai Council’s ‘Planning for better outcomes, Alternative Scenarios to the TOD SEPP, On-line Forum 21 November 2024’
Continue readingInformation about the FIVE Scenarios
Ku-ring-gai Council is presenting information forums on five Transport Oriented Development (TOD) rezoning scenario proposals around Roseville, Lindfield, Killara and Gordon stations.
Continue reading13 minute council meetings?
Ku-ring-gai Council meeting on Tuesday 26 November 2024 closed after only 13 minutes with no questions or debate
Continue readingCouncils sidelined
Property developers will be able to propose their own spot rezoning and planning controls for large developments, bypassing local councils
Continue readingSuburban Skyscrapers
The Victorian government says Melbourne by 2050 will be home to nearly 8 million people and as part of a plan to future prove this city it wants to introduce swathes of new housing stock to make it easier for people to buy at home, but critics of the scheme say it threatens Melbourne’s’ reputation as one of the world’s most livable cities.
Continue readingPortfolio 7 thanks FOKE
Sue Higginson, Chair of the Legislative Council’s Portfolio Committee No. 7 – Planning and Environment, has announced the release of its report – ‘Planning system and the impacts of climate change on the environment and communities’.
Continue readingFOKE on Planning & Climate Change
FOKE’s submission: Inquiry into Planning System & the Impacts of Climate Change on the Environment & Communities
Continue readingHawkesbury: urban densification, population growth & climate change pressure
Tell the NSW Government that the priority threat is their own planning policies. Deadline 24 November 2024
Continue readingWhy so much debate in CONFIDENTIAL?
Why so much confidential debate? Why did it take one hour & forty minutes?
Continue readingEXTRAORDINARY meeting TONIGHT 7pm
Ku-ring-gai Council will proceed with the Extraordinary Meeting TONIGHT from 7pm – WEDNESDAY 30 October 2024. Please ATTEND.
Continue readingFOKE requests that Extraordinary Meeting be rescheduled
FOKE urgently wrote to Ku-ring-gai Council requesting that the Extraordinary Meeting be rescheduled to ensure residents had an opportunity to comment on this critical planning matter. However, it will proceed for WED 20 Oct 2024.
Continue readingYES! these Councillors SUPPORT the legal action
These Ku-ring-gai Councillors said they would SUPPORT the legal action against the TOD as stated in their FOKE Candidate Statements prior to their election.
Continue readingWhy the legal action against the TOD is more important than ever
Read the NSW Productivity & Equality Commission’s ‘Review of Housing Supply Challenges and Policy Options for NSW ‘
Continue readingBirds Colliding
What will the birds do when Ku-ring-gai changes?
Continue reading“Every place is going to change”
It was confirmed that “Every place is going to change”, whether communities liked it or not, at a recent planning industry forum
Continue readingPopulation Growth is fueling the Housing Crisis
The housing disaster will extend for years if population growth continues to be ignored
Continue readingKu-ring-gai a place of high biodiversity
Ku-ring-gai is a place of high biodiversity. It is one of the few areas of Sydney that still retains its majestic carbon-rich urban forests, tree canopy, bushland valleys and stunning displays of gardens that are wildlife corridors and habitat for unique mammals, birds, reptiles, frogs and insects. It is also surrounded by three national parks.
This is something the NSW Government should celebrate and conserve. Yet the NSW Government is determined to destroy it – even in the midst of a biodiversity crisis.
Watch Ku-ring-gai Council’s Urban Forest EnviroTube below:
What is causing the degradation and loss of Ku-ring-gai’s biodiversity?
- habitat being destroyed and broken up (fragmented) due to land clearing for houses and apartments
- introduction of invasive plants, animals, and diseases as a result of urban densification
- climate change
- pollution (chemicals, sediments, plastics, light and sound)
Ku-ring-gai is of national significance and should also be protected by the Federal Government.
2020 | Australia’s Sixth National Report to the Convention on Biological Diversity |
July 2022 | Tanya Plibersek, Federal Environment Minister commits Australia to protecting 30% of its lands and 30% of oceans by 2030 |
Nov 2022 | UN climate summit kept alive hopes of limiting global warming to 1.5 degrees Celsius |
Dec 2022 | Australian Government joins 195 other nations in signing onto the adopted the Kunming-Montreal Global Biodiversity Framework (GBF). The target of GBF is to protect at least 30% of the world’s land, freshwater and ocean ecosystems by 2030 (‘30×30’) – a target both the Australian Federal government and NSW Government committed to domestically |
Dec 2023 | NSW Government announced its Transport Oriented Development program, Low to Mid Rise Housing and Dual Occupancies that will effectively upzone Ku-ring-gai by 90% and destroy its tree canopy |
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Authorised by K. Cowley, 1 Kenilworth Road, Lindfield, NSW, 2070
Hawkesbury: urban densification, population growth & climate change pressure
Tell the NSW Government that the priority threat is their own planning policies. Deadline 24 November 2024
Continue readingHawkesbury-Nepean Coastal Management Program
There will be an information session on the Hawkesbury-Nepean Coastal Management Program on Saturday 19th October 10am – 3pm Sustainable Futures Day, Cameron Park, 5 Eastern Rd, Turramurra
Continue readingDestroy Trees. Destroy Civilisation
The lessons of Easter Island seem to have been forgotten. Destroy trees. Destroy civilisation.
Continue readingEntitlement = Tree Vandalism
Developers who vandalise and remove trees to pursue profit should be criminally prosecuted. Read Paul Daley, Guardian Australian collumnist
Continue readingReport recommends even more density
Today the NSW Productivity & Equality Commission’s ‘Review of Housing Supply Challenges and Policy Options for NSW ‘ was released recommending even more TODs across Greater Sydney, including Ku-ring-gai. That’s why Ku-ring-gai’s legal action against the TOD is so important.
Continue reading2024 Comenarra Ward election
Candidates answer FOKE Questions
Continue reading2024 Roseville Ward election
Candidates answer FOKE Questions
Continue reading2024 St Ives Ward election
Candidates answer FOKE Questions
Continue readingLabor’s housing plans will fail
Scott Farlow MLC, Shadow Minister for Planning and Public Spaces, spoke at the Save Greater Sydney Coalition Forum ‘Getting Housing Right: Why it Matters – without the spin’
Continue readingLabor’s housing approach is a failure
Scott Farlow MLC, Shadow Minister for Planning and Public Spaces, will speak at the Housing Crisis Forum on Wed 7th August at the NSW Parliament Theatrette 6.30pm
Continue readingUpdate on Ku-ring-gai Housing Policy
For those Ku-ring-gai residents attending the Housing Crisis Forum on Wed 7th August at the NSW Parliament Theatrette 6.30pm this Mayoral Minute provides an important update
Continue readingSupport Disallowance Bill
Please write letters to the Upper House Crossbench calling on them to SUPPORT The Hon. Scott Farlow, MLC & Shadow Minister for Planning’s DISALLOWANCE BILL opposing the Transport Oriented Development (TOD) program across Greater Sydney, including in Ku-ring-gai.
Continue readingSydney’s ‘land banking’ crisis
Read Greg Callaghan’s article ‘Left to rot: The ‘ghost homes’ scourge in our big cities – amid a housing crisis, Sydney Morning Herald, 13 July 2024
Continue readingFOKE E-News July 24
Find out how you can help protect Ku-ring-gai – a place of outstanding heritage & environmental significance.
Continue readingThe Koala documentary
New evidence debunks the ‘scientific justification’ for logging critical koala habitat. Knowing this, it is more important than ever to see this documentary.
Continue readingVale Don Brew
FOKE member Don Brew (1935 – 2024) was honoured by Ku-ring-gai Council for his fearless and dedicated advocacy for Ku-ring-gai’s heritage.
Continue readingHope – Interim Heritage Order
Ku-ring-gai Council is working hard to protect Ku-ring-gai’s 23 Heritage Conservation Areas.
Continue readingIt’s YOUR home. YOU don’t have to sell
The Transport Oriented Development and Well-Located Housing SEPPs have triggered a surge of interest among developers, leading to a frenzy of activity akin to a gold rush. Developers are increasingly reaching out to homeowners with offers to secure “Option Contracts” for the future purchase of their land.
Continue readingAttend, listen & watch TOD Inquiry on Wed 24 July
The final public hearing on the Development of the Transport Orientated Development (TOD) will be held in the Macquarie Room, Parliament House, Sydney on Wed 24 July, 2024
Continue readingFOKE Talk, July 2024
Read FOKE’s newsletter ‘FOKE Talk’, July 2024 to find out the latest issues facing Ku-ring-gai.
Continue readingFOKE’s President Report, 22 May 2024
Read Kathy Cowley, FOKE President’s Report that tells the work that FOKE has done to protect Ku-ring-gai over the past year.
Continue readingGood news – Lourdes planning proposal rejected
Retirement Village owner, Levande’s amendments to redevelop the Lourdes Retirement Village, 95 Stanhope Road, Killara has been rejected by the Department of Planning following the Sydney North Planning Panel (SNPP) decision in December 2023. Yesterday FOKE received the news they have been rejected by the Minister’s delegate.
Continue readingHope – Council’s legal action
Ku-ring-gai Council Vs NSW Government is expected to proceed from Friday 19 July 2024.
Continue readingDespair – Low- & Mid-rise Housing & Dual Occupancies
Thanks to all who attended Ku-ring-gai Council’s community forums on the NSW Government’s Low and Mid-Rise Housing plans.
Continue readingVolunteers needed Sun 14 July
Help FOKE save our trees and wildlife. Volunteers needed on Sunday 14 July
Continue readingUnaffordable Auckland
Read Cameron Murray’s study that dismantles the Auckland myth. Density did NOT create affordable housing.
Continue readingWhy isn’t Minns worried about NSW’s housing debt?
Why isn’t Premier Chris Minns telling the public about the financial costs that the Transport Oriented Development and Low and Mid-Rise Housing will bring to NSW? Some say it will cost NSW $410 billion?
Continue readingYES it IS BAD for the whole of NSW
Read why FOKE agrees that the NSW’s Government’s housing policy is “bad for the whole of NSW”.
Continue readingLow & Mid-Rise Threats
Watch Ku-ring-gai Council explain the planning disaster that is coming to every street that is 800 metres from a train station or large supermarket
Continue readingDisallow and STOP the TODs
says Scott Farlow, MLC & Shadow Minister for Planning
Continue readingMinns forgets his “avalanche of many ugly, poorly built developments” speech
FOKE wishes to remind Premier Chris Minns what he said on the floor of the Legislative Assembly on 8 August 2018 about planning for Greater Sydney.
Read the full speech on Hansard
Read Premier Minns and his TOD SEPP by:
Paul Scully, MP, Minister for Planning & Public Spaces State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 under the Environmental and Planning Act 1979 HERE
18 June, 2024
TOD Disallowance Bill
Read more about the TOD Disallowance Bill HERE
Scott Farlow, MLC & Shadow Minister for Planning, has introduced a Private members Bill into the Legislative Council. This Bill is the Environmental Planning and Assessment Act 1979 to enable State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024. The aim is to disallow the Transport Oriented Development (TOD) program that is a blunt and one-size-fits all instruments that will have catastrophic impacts on Ku-ring-gai s tree canopy, environment, heritage and amenity.
On 5th June 2024, Scott Farlow said:
“The Coalition supports measures, including increasing density along transport corridors, to meet ambitious housing targets, but they must be done right and in consultation with local communities. This has not been the case with the Transport Oriented Development State Environmental Planning Policy, which provided no opportunity for community consultation despite increased community participation being an object of the Act”.
Read FULL STATEMENT HERE
The Bill will be introduced into the Legislative Council.
Please urge MLCs to vote for the TOD Disallowance Bill.
Please ADAPT and EDIT in your own words the letter below:
Then send the email to each member of the crossbench asking them to support the Disallowance Bill.
Their contact emails are HERE
Read TOD SEPP by:
Paul Scully, MP, Minister for Planning & Public Spaces State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 under the Environmental and Planning Act 1979 HERE
18 June, 2024
Ku-ring-gai remains steadfast on TOD legal action
FOKE thanks Ku-ring-gai Councillors who voted to continue the legal action against the NSW Governments undemocratic and environmentally and heritage destructive Transport Oriented Development (TOD) program.
A majority of nine councillors stood steadfast in their support to continue the legal action against the TOD.
Watch Ku-ring-gai Council meeting HERE.
Since coming into effect on 13 May, 2024, the TOD continues to cause anguish, distress and despair for residents and particularly to those living within 400 metres of Gordon, Killara, Lindfield and Roseville Stations.
The TOD will allow 6 to 7 storey apartment buildings on most sites within 400 metres of Gordon, Killara, Lindfield and Roseville railway stations.
Residents remain in shock to think that a NSW Government would allow Ku-ring-gai’s unique and irreplaceable heritage and environment to be so willfully destroyed by developers.
Many residents are now being threatened with financial and housing insecurity. Those living within the TOD are being pressured to sell their properties with threats that if they don’t their properties will be devalued.
Ku-ring-gai Councillors know they have no choice but to take legal action. The NSW Government has shown no indication that they will negotiate with Council. Instead, Minns appears determined to push through this undemocratic TOD hyper-overdevelopment SEPP that will be catastrophic for not only Ku-ring-gais heritage and environment but NSWs.
It is pleasing to hear that the NSW Liberals are prepared to overturn the TOD program.
We now have hope that Councils legal challenge and the Coalitions Disallowance Bill will stop the disastrous TOD.
Postscript
Read TOD SEPP by:
Paul Scully, MP, Minister for Planning & Public Spaces State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 under the Environmental and Planning Act 1979 HERE
11 June, 2024
FOKE’s evidence to TOD Inquiry
FOKE was invited to give evidence to the NSW Parliament’s Upper House Inquiry into the development of the Transport Oriented Development Program (TOD) on Monday 20 May 2024 in the Macquarie Room, Parliament House, Sydney.
FOKE concluded its evidence calling on the NSW Government to immediately withdraw the TOD program because of the devastation it will cause not only to the natural, built and cultural heritage of Ku-ring-gai but for Greater Sydney.
During FOKEs session from 12.15 pm, Mr Frank Howarth AM (Chair, Heritage Council of NSW); Mr David Burden (Conservation Director, National Trust of Australia (NSW) and Ms Jozefa Sobski AM (Vice President, Haberfield Association Inc) presented evidence as well.
Following FOKE’s presentation the Save Greater Sydney Coalition (SGSC) which FOKE is a member of, presented their evidence. It was a powerful presentation!
Read list of speakers at Upper House TOD Inquiry 20.5.24 HERE
Watch video of FOKE’s evidence to the Upper House TOD Inquiry Hearing 20.5.24 HERE
Read transcript of FOKE’s evidence to the Upper House TOD Inquiry Hearing 20.5.24 HERE
Read FOKEs Submission to the TOD Inquiry 27.3.24 HERE
Read further information about the Upper House Inquiry HERE
Postscript
Read TOD SEPP by:
Paul Scully, MP, Minister for Planning & Public Spaces State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 under the Environmental and Planning Act 1979 HERE
Ku-ring-gai’s WAKE UP letter to NSW residents
READ Ku-ring-gai’s open letter to NSW residents, published in early May 2024:
An open letter to NSW residents – WAKE UP
We’ve all heard about the NSW Government’s plans for increased housing. But no-one has heard anything about how our schools, hospitals, roads and parks are meant to support this population growth.
Read full letter HERE
Save Sydney Rally
ON Tuesday 12 March 2024 1pm
AT Tree of Knowledge behind Parliament House, Hospital Road, Domain. Map here.
PROTEST against the new planning laws proposed by the NSW Government.
THREATENS every suburb across Greater Sydney, Blue Mountains, Central Coast, Lower Hunter, Greater Newcastle and Illawarra-Shoalhaven.
BRIING banners identifying your suburb or council area.
SPEAKERS will include MPs, Mayors & Community representatives.
SHARE with your networks, community groups, neighbours, friends and family.
VISIT SAVE GREATER SYDNEY COALITION Website & Facebook
CONTACT KATHY COWLEY, President, FOKE, info@foke.org.au for more information
TOD Inquiry Announced
The NSW Parliament has announced an Upper House Inquiry into the Development of the Transport Orientated Development Program (TOD).
Submissions are due on 28 March 2924.
The TOD Program will devastate Ku-ring-gais heritage conservation areas and environmentally sensitive lands particularly the 400 metres surrounding Roseville, Lindfield, Killara and Gordon Stations.
Both the TOD Program and the Low and Mid-rise Housing State Environmental Planning Policy (SEPP) will include a “non-refusal” standard which will disallow Ku-ring-gai Council heritage and environmental controls.
The TODs 3:1 FSR and 6-7 + storey heights (with no minimum lot size or lot width) will effectively wipe out Heritage Conservation Areas and remove critically endangered Blue Gum High Forest (BGHF) and Sydney Turpentine Ironbark Forest (STIF) in Roseville, Lindfield, Killara and Gordon.
The Upper House Committee consist of:
Chair: Sue Higginson MLC (GREENS)
Deputy Chair: John Ruddick MLC (LDP)
Members:
Mark Buttigieg MLC (ALP)
Anthony D’Adam MLC (ALP)
Scott Farlow MLC (LIBERAL)
Jacqui Munro MLC (LIBERAL)
Peter Primrose MLC (ALP)
The Terms of Reference can be found here.
It is critical that as many submissions be sent in by members of the community.
Say NO to NSW Government
Send your submission HERE by deadline Friday 23 February, 2024
Ideas to help you send your submission:
The NSW Minns Government planning ‘reforms’:
- are grossly UNDEMOCRATIC.
- are flawed. They undermine the integrity of the entire NSW PLANNING system and will lead to planning chaos.
- will destroy the character, heritage and environment of Sydney’s diverse suburbs with a “one size fits all policy”.
- fails to consider local amenity impacts, including overshadowing, loss of privacy, loss of scenic views, loss of streetscape.
- fail to ensure good quality and good designed apartment buildings.
- put the interests of property developers before the COMMUNITY.
- will allow super windfall rezoning profits to be ‘gifted’ to property developers.
- will not address the housing affordability crisis.
- will open the NSW planning system to “corruption risk” with the introduction of the ‘non-refusal standards’ (including money-laundering).
- deny natural justice for those residents living within a Transport Oriented Development (TOD) with no opportunity to object.
- deny natural justice for those residents living across Sydney with the introduction of the Changes to create low and mid-rise housing occurring just before the Christmas, New Year and school holidays.
- lack transparency and accountability. The Minns Government refuses to release the “Cabinet in confidence“ evidence justifying why Roseville, Lindfield, Killara and Gordon had the necessary infrastructure to take further density. the TOD to be introduced 400 metres surrounding Roseville, Lindfield, Killara, Gordon Railway Stations can take the increase in density.
- are environmentally irresponsible when Sydney’s natural ENVIRONMENT is under severe with the escalating threats of climate and biodiversity extinction.
- fail to acknowledge Sydney’s environment interconnections. Ku-ring-gai is the lungs of Sydney. What happens to Ku-ring-gai’s trees will impact on Western Sydney’s, Northern Beaches, Sydney Harbour’s and the Hawkesbury River’s environmental health.
- will devastate Ku-ring-gai’s natural environment with the overriding of existing Council protections including Tree & Vegetation Development Control Plan (DCP), Urban Forest Policy, Threatened Species Community.
- Fail to acknowledge Ku-ring-gai as an environmentally sensitive area.
- Fail to acknowledge Ku-ring-gai’s Aboriginal heritage that is a local government area that has one of the most significant Aboriginal sites in Sydney.
- will push Ku-ring-gai’s Critically Endangered Ecological Communities (Blue Gum High Forest, Sydney Turpentine Ironbark and Duffys Forest) and its wildlife and birdlife to extinction (Federal Environment Protection and Biodiversity Conservation Act).
- will destroy Ku-ring-gai’s tree canopy. Already Ku-ring-gai’s tree canopy is under serious threat with an 8-9% slash in tree canopy cover. The NSW Housing Strategy will accelerate this destruction. It will destroy the vital wildlife corridor/national park railway line ridge.
- will have an adverse impact on Lane Cove National Park, Garigal National Park, Ku-ring-gai Chase National Park. As well the integrity of the remaining pockets of intact Blue Gum High Forest at the Dalrymple-Hay Nature Reserve (St Ives), Sheldon Forest (Turramurra) will be placed under pressure. Other bushland reserves include Ku-ring-gai Flying-Fox Reserve (within 400 metres of Gordon Railway Station), Granny Springs Reserve (Turramurra), Swain Garden, Seven Little Australians Park.
- ignores Ku-ring-gai’s geography. geology and climate. Ku-ring-gai suburbs are located on a thin ‘railway line’ ridge that climbs to about 200 metres and has the highest rainfall in Sydney. There are many creeks running from this ridge east and west, flowing down into either the Lane Cove, Garigal or Ku-ring-gai National Parks. The canopy trees, bushland reserves, gardens are environmentally critical to the survival of these national parks. The NSW housing policies will lead to more intensive hard surfaces. During high rainfall events this will lead to flash flooding, with pollutants, rubbish and weeds being flushed into the National Parks.
- will result in wildlife extinction. Ku-ring-gai has more native species than the entire United Kingdom. Ku-ring-gai is a hot bed of biological diversity that supports over 800 native plants, 170 fungi and 690 fauna species (including the threatened species – Grey-Headed Flying Fox and Powerful Owl.
- ignores the evidence that Ku-ring-gai is one of Sydney’s most ecologically sensitive places.
- Fail to provide an Environmental Impact Assessment (EIA) regarding the multiple rezonings since 2004 when the last major rezonings occurred as LEP 194.
- will demolish Ku-ring-gai’s hard won HERITAGE Conservation Areas that includes the nation’s best 20th Century domestic architecture.
- fail to acknowledge and respect the character, heritage and environment of a local area. They are blunt, one-size-fits all changes that will irreversibly destroy a community’s liveability, character, heritage and the environment.
- abrogate NSW’s obligations to protect individual heritage items (eg Eryldene) and Heritage Conservation Areas . If allowed it means that heritage protection will be extinguished across NSW.
- will destroy Ku-ring-gai’s heritage where the ‘natural dominates the built form’. Ku-ring-gai’s garden and bushland suburbs will be demolished and replaced with hard surface concrete.
- fails to recognise Ku-ring-gai’s significance to the Australia’s cultural, natural and environmental pioneer history. Ku-ring-gai is the birthplace of the modern Australian environment movement with environmental pioneers such as Annie Wyatt (founder of the National Trust of Australia), Charles Bean, Eccleston du Faur, Alex Colley, Paddy Pallin.
- will overwhelm existing ageing INFRASTRUCTRE for stormwater, sewerage and drinking water, train carrying capacity.
- fails to address the risks that Ku-ring-gai faces from climate fueled bushfires, wild storms and flash flooding.
- will cause continual traffic congestion chaos. Ku-ring-gai has limited access roads to the Pacific Highway. In an emergency how will the ambulance get to the hospital? Streets will be impassible with additional carparking.
- are silent on controls to ensure new multistorey developments have net zero emissions with roof top solar and community batteries for the high energy required for lifts and air conditioning.
- fail to provide the funds to purchase additional land for more parks, playgrounds, green spaces, sporting fields, swimming pools as well as services such as schools, hospitals, libraries and community and recreational facilities.
- fail to acknowledge that over the past 20+ years, Ku-ring-gai Council’s attempts to strengthen the protection of Ku-ring-gai’s heritage and the environment have been ignored, denied or delayed by the NSW Planning Department (eg 10/50 vegetation clearing rule). Concurrently environment, heritage and local government powers have been significantly weakened. It is time to strengthen urban environmental protections – not extinguish them.
What will the development being proposed within 400 metres of the stations look like? No setbacks. No trees. No conservation areas.
Visit Ku-ring-gai Council to find out more here
FOKE supports Mayoral Minute 21 November, 2023
14 November 2023
Dear Mayor and Councillors
FOKE wishes to express its support for the Mayoral Minute of 21 November, 2023 that outlines his initial response to The Hon Paul Scully MP, NSW Minister for Planning and Public Spaces letter (dated 30/10/2023 and received on 9 November, 2023).
It is important that the integrity of Ku-ring-gai zoning controls or Local Environment Plans (LEPs) be upheld to ensure Ku-ring-gai’s environment, heritage, character and amenity, especially in its R2 Low Density Residential Zones, be protected for future generations to enjoy.
FOKE commends the Mayoral minute for its clarity and careful consideration on the challenges ahead for Ku-ring-gai.
FOKE strongly supports a rigorous and transparent public consultation process to allow residents to have a say. We recommend that Council refer to the 2002 questionnaire sent to all residents that was used as part of the consultation process for the then Ku-ring-gai Residential Strategy.
FOKE shares the Mayor’s concern about the unacceptable loss of tree-canopy and asks that an audit be done on the cumulative loss of trees since 2004 as well as what planning controls are needed for climate-change resilience as we face increasingly dangerous bushfires, wild storms, flooding and extreme heat stress that will endangers the lives of residents and threaten the natural environment.
FOKE shares concerns townhouses in low residential areas in R2 zones would considerably alter the heritage character and environment of Ku-ring-gai.
FOKE shares the Mayor’s concern about significantly increasing Ku-ring-gai’s population without necessarily the funding for or provision of adequate infrastructure (transport, stormwater, education and recreation and environmental restoration projects) to support the increase.
FOKE requests that the four baseline studies (Heritage and Neighbourhood Character, Infrastructure, Environment and Traffic and Parking Studies) carried out for the preparation for the Ku-ring-gai Residential Strategy in 2002 be assessed in light of the development that has occurred since 2004.
For over twenty five years FOKE has argued that Ku-ring-gai requires planning controls that protect, threatened and endangered ecological communities, national parks and environmentally sensitive areas.
We thank and commend this Mayoral Minute.
Yours sincerely
Kathy Cowley
President
PRESIDENT
cc Matt Cross MP Member for Davidson
cc The Hon Alister Henskens SC MP Member for Wahroonga
cc The Hon Paul Fletcher MP Member for Bradfield
FOKE Thanks Mr McKee
FOKE President Kathy Cowley wrote to Jehn McKee, on 14 November 2023, thanking him for his service as Ku-ring-gai Council General Manager from 2006-2023.
Read FOKEs letter below:
Dear Mr McKee
FOKE wishes to thank you for your many years of service to Ku-ring-gai Council as its General Manager since 2006 and as its Director of Finance (2001-2006) since you first started working for Ku-ring-gai Council in 1998. An enormous and respected legacy that is greatly appreciated.
We thank you for your leadership that has been important in protecting so much of Ku-ring-gai’s natural, built and cultural heritage from overdevelopment, forced amalgamation and higher density rezonings.
We greatly appreciate your determination to successfully oppose the NSW Government’s forced amalgamation agenda in 2017 and your record of sound financial management.
We recognise your significant achievements including your commitment to:
- Heritage protection for Ku-ring-gai through the Gazettal of Heritage Conservation Areas across Ku-ring-gai Town Centres.
- Environmental stewardship for Ku-ring-gai through an IPART approved Environmental Levy that provided $4 million a year for a range of environmental projects in 2019.
- Establishing an award-winning open space acquisition strategy that has led to the creation of 15 new parks and playgrounds from 2006-2020.
- Local government excellence as recognised by Ku-ring-gai Council winning the A R Bluett Award for best performing metropolitan council in NSW in 2014.
- Ensuring Ku-ring-gai Council was one of the first councils to respond to the Greater Sydney Commission’s requirement for new local environmental plans with the adoption of Ku-ring-gai’s Local Strategic Planning Statement in 2020.
- Implementation of a development contributions scheme to provide new community facilities in areas of high density development.
- Sound financial management through a combination of rigorous debt reduction, increasing income, land purchases and strategic long-term planning.
- Improving budget outcomes through the integration of Ku-ring-gai Council’s asset management, financial and operational planning and associated reporting.
- Rate restructuring that provided $36 million for infrastructure renewal over 20 years.
- ‘Activate Ku-ring-gai Civic Redevelopment Program’ to revitalise Ku-ring-gai’s main centres.
- $29 million multi-purpose recreational area for netball, soccer and golf for Ku-ring-gai residents.
- $20 million fitness and aquatic centre at West Pymble.
- Refurbishment and modernisation of Ku-ring-gai’s central library at Gordon.
- Building a new Council depot at Pymble as well providing new headquarters for SES volunteer emergency services.
- Provision of the large public space and underground parking for 130 cars at Lindfield.
We will not forget how you steered Ku-ring-gai Council through difficult State Government challenges. Your successful management of Council’s financial performance ensured Ku-ring-gai Council was one of the only councils in NSW to meet the State Government’s financial criteria under the ‘Fit for the Future’ sustainability program. Nevertheless, the NSW State Government proposed merging Ku-ring-gai Council and Hornsby Council. When Ku-ring-gai Council resolved to oppose this merger, you led a successful legal challenge to the merger process resulting in a win in the Court of Appeal that maintained Ku-ring-gai’s independence.
Thank you again for the huge difference you have made in leading, protecting and retaining so much of Ku-ring-gai’s natural, built and cultural heritage and in the strategic planning and delivery of new infrastructure for Ku-ring-gai.
We wish you the very best in your new endeavours ahead.
Yours sincerely
Kathy Cowley
President
PHOTO CAPTION: John McKee talking about how engaged his Senior Management team on a collective leadership journey for the Australian Applied Management Colloquium, 2014
Outrage Over GM’s Sacking
Ku-ring-gai Councillors elected Clr Sam Ngai as the new Ku-ring-gai Mayor and Clr Christine Kay as the new Deputy Mayor at its meeting on Tuesday 19 September, 2023.
Following this mayoral election, an extraordinary meeting was held where an amended Rescission Motion by Councillors Pettett, Smith and Wheatley, dated 15 August, 2023 was moved. This motion hoped to reinstate Mr John McKee as Ku-ring-gai’s General Manager. However, the motion was defeated six votes to four.
Those voting against the Rescission Motion were Councillors Cedric Spencer, Sam Ngai, Alec Taylor, Barbara Ward, Greg Taylor and Christine Kay. Their vote effectively terminated Mr McKee’s position as General Manager.
Clr Martin Smith before moving the Rescission Motion, tabled a document to all councillors, showing that Clr Smith had raised his concerns with the Council’s Audit and Risk Committee, outlining the following issues – reputational damage, no due process in the termination of the GM, no tabled performance review due to Councillor Kay not supplying her markings after repeated requests, litigation, and political jousting for the mayoral position. Clr Smith stated that the NSW State MP was using unacceptable interference with the elected Ku-ring-gai Council Liberal member councillors and two easily influenced Independents.
Clr Kim Wheatley’s speech seconded the Rescission motion defending the General Manager stating that “Mr McKee in his 17 year tenure as GM of Ku-ring-gai Council has always received satisfactory or better in relation to his performance reviews.” She called on councillors to “act lawfully and honestly and exercise a reasonable degree of care and diligence”.
Clr Simon Lennon who had initially supported the termination of the General Manager’s contract at the Ordinary Meeting of Council on 15 August, 2023, reversed his decision and joined Councillors Martin Smith, Kim Wheatley and Jeff Pettett in voting for the Rescission Motion to reinstate the General Manager.
Clr Lennon expressed regret that he had made a mistake in voting for the original motion to terminate Mr McKee as General Manager in August. During the debate he attempted to move a compromise motion where Councillors would have further time to renegotiate the General Manager’s KPIs in consultation with Mr McKee.
Clr Spencer’s vote and speech against the Rescission motion revealed his longstanding desire to terminate the GM since he first attempted to do so two years ago when mayor. His recent claims that he did not support the GM’s termination were exposed as untrue.
Over the last 30 years, community groups have observed many alarming decisions voted on by councillors, but this decision to terminate Mr McKee as General Manager has utterly shocked the community with its lack of procedural fairness and potential political interference by a local state MP who congratulated the councillors sacking the General Manager. This decision now risks ongoing instability of Ku-ring-gai Council’s management.
Among the six councillors who voted against the rescission motion only Clr Ngai and Clr Spencer spoke against it. Neither one provided any substantial justification for Mr McKee’s sacking. Councillors Alec Taylor, Barbara Ward, Greg Taylor and Christine Kay remained silent as to why they were so aggrieved with Mr McKee.
Despite warnings about the reputational’ legal risks and potential costs of an unfair dismissal from the Department of Local Government, Ku-ring-gai Council’s Audit, Risk and Improvement Committee, former Mayors, former Councillors, community leaders and members of the community – four Liberal member councillors and two Independent councillors ignored this advice.
The newly elected mayor, Clr Sam Ngai appeared unaware of his responsibility as the new mayor to advance community cohesion. Instead, he dismissed concerns raised at a recent Public Forum by former Ku-ring-gai mayors, former councillors and esteemed community leaders who spoke strongly in support of the General Manager and against the actions of those terminating his contract.
Soon after the rescission motion’s defeat, the newly elected Mayor Clr Sam Ngai moved a callous and calculating motion to start the process in appointing a new General Manager. This indicated that Clr Ngai had played a lead role in Mr McKee’s dismissal.
The newly elected Deputy Mayor Christine Kay also voted to support the termination of Mr McKee.
Both Clr Sam Ngai and Christine Kay hold high positions in the NSW Liberal Party.
Clr Sam Ngai, branch Treasurer, is involved in organised the Davidson Liberals Annual Davidson Business Breakfast. No doubt he will be congratulated as the new Mayor of Ku-ring-gai at the upcoming event, on 21 September, 2023.
Clr Christine Kay is the Membership Secretary of the NSW Liberal Women’s Council.
FOKE expresses great regret that Ku-ring-gai Councillors Cedric Spencer, Sam Ngai, Alec Taylor, Barbara Ward, Greg Taylor and Christiane Kay have chosen to take a high-risk strategy of removing a well-respected and excellent GM with no justification.
FOKE fears that this will now lead to negative and long lasting impacts on Council stability.
FOKE feels betrayal at the total disregard for the community.
FOKE believes that the six Ku-ring-gai Councillors’ action seriously diminishes Ku-ring-gai’s democracy.
FOKE thanks Mr McKee for his years of public service to the Ku-ring-gai community and expresses its deep regret that personal grievances, self-interest and political machinations have led to his termination as General Manager of Ku-ring-gai Council.
Posted 21 September, 2023
For Ku-ring-gai’s sake reinstate GM
SPEECH TO PUBLIC FORUM, KU-RING-GAI COUNCIL by Mrs Kathy Cowley, FOKE President
Tuesday 12 September 2023
“The decision tonight to reinstate the General Manger Mr McKee is a critical one for residents and Ku-ring-gai. One we’re very unlikely to forget!
We are shocked and dismayed that Mr McKee has been sacked without any warning or due cause. We believe the sacking is not only, opportunist, unfair and against the principals of due diligence and good governance by an elected body of council.
You have provided no credible or rational reason to sack the GM. By sacking him at the last meeting you usurped the council’s meeting agenda which was to discuss the General Managers performance for which we believe was measured as more than satisfactory.
So where are the reasons for this sudden and unexplained action?
- There has been no evidence or allegations of maleficence.
- No suggestion of scandal or misconduct.
- No evidence of lack of capacity or ability to carry out his work.
- and no calling from the general community of Ku-ring-gai to sack him.
Your sudden and drastic decision can only be seen for what it is, a tawdry political hatchet job, made worse by the frantic jockeying to be the next Mayor next week. Backed and supported by a local MP, who has no role or no right to interfere in Ku-ring-gai Council decision making.
Further the group of six has used an ideological argument that “it’s time for a change” which is not a valid argument to sack a loyal General Manager and with no justification bought forward to support it. His performance has been assessed by many councillors and past mayors, three of whom have written a public letter of support for Mr McKee, and reinforcing the fact that the GM has had a more than satisfactory performance not just for the last two years but for the last 17 years.
The sacking of Mr McKee is a high-risk strategy with the potential to destabilise the senior staff, disrupt the day-to-day management of the council, and will undoubtedly cause reputational damage to council and councillors.
We fear destabilisation of senior staff could lead to the intervention of the State Government – such as an appointment of an Administrator.
Residents need to rely on a stable Council with experienced staff that can lead Ku-ring-gai through the next tranche of massive rezonings for which we are warned are on the agenda by the Labor Government. Mr McKee has a consistent track record in leading this council through major challenges.
Councillors have been elected to consult widely with their constituents and to make decisions in the public interest not political self-interests. The community’s reaction to this decision should give cause for the six councillors to look at their own actions as to whether they have put in a satisfactory performance. The community will have the opportunity to assess that at the ballot box.
For Ku-ring-gai’s sake we urge you to right a wrong and reinstate Mr McKee.”
FOKE Calls on Councillors to KEEP Mr McKEE
FOKE is deeply disturbed that six Ku-ring-gai Councillors – Sam Ngai, Alec Taylor, Greg Taylor, Barbara Ward, Simon Lennon and Christine Kay – recently voted to terminate Mr John McKee, as General Manager of Ku-ring-gai Council.
In an effort to retain John McKee as General Manager, three Councillors – Martin Smith, Kim Wheatley and Jeff Pettett – put forward a rescission motion.
FOKE strongly supports this rescission motion to retain McKee as Ku-ring-gai Council’s General Manager.
This rescission motion will be determined at an Extraordinary General Meeting of Council this Tuesday 12 September at the Gordon Council Chambers, commencing 6.00 pm.
Speakers need to arrive 10 minutes before the start of the Public Forum to ensure they are on the list to speak.
It will be important for councillors to receive letters or from residents in addressing the Public Forum next Tuesday evening.
Speakers for the Public Forum need to be registered at the very latest with council by 5pm, Monday 11 September by calling 9424 0000, or by on line registration at https://www.krg.nsw.gov.au/Council/Council-meetings/Council-Meetings-and-Public-Forums
This Extraordinary General Meeting to determine the Rescission Motion to reinstate the General Manager will be held on the same night right after the Public Forum see https://eservices.kmc.nsw.gov.au/Infocouncil.Web/Open/2023/09/OMC_12092023_AGN_AT_EXTRA_WEB.htm
Please write to councillors at councillors@krg.nsw.gov.au calling to support the Rescission Motion to reinstate Mr McKee as General Manager.
OR write individually to:
sngai@krg.nsw.gov.au; ataylor@krg.nsw.gov.au; bward@krg.nsw.gov.au; slennon@krg.nsw.gov.au; gtaylor@krg.nsw.gov.au; ckay@krg.nsw.gov.au; cspencer@krg.nsw.gov.au; kwheatley@krg.nsw.gov.au; jpettett@krg.nsw.gov.au; martinsmith@krg.nsw.gov.au
FOKE has written to all councillors questioning the removal of the General Manager John McKee, at a time when the Council is being targetted by the Labor Government for more urban densification.
FOKE has also expressed the view that the sudden and unexplained sacking of John McKee will lead to the destabilisation of senior staff and experienced management as well as bring reputational damage to the whole of Council.
FOKE fears this destabilisation could lead to the intervention of the State Government.
What may appear a straightforward decision has the potential to bring many unintended high-risk consequences into play – the loss of experienced staff, sacking of all Councillors, imposition of an Administrator, loss of planning powers and control of certain development sites.
The Hornsby Ku-ring-gai Post has published an article in support of the General Manager Mr McKee quoting the views of three former Mayors Jennifer Anderson, Elaine Malicki and Cheryl Szatow who collectively have 50 years of local government experience between them and are very concerned by the sudden termination of Mr McKee.
https://www.hkpost.com.au/ku-ring-gai-general-manager-sacked-former-mayors-speak-out
Ku-ring-gai Council plans to sell more community assets
One has to delve into the Ku-ring-gai Council’s Community Strategic Plan’s detailed attachments to unearth the basis of the Strategic Plan.
Unfortunately, the Draft Long Term Financial Plan (DLTFP) accompanying the Strategic Plan, highlights Council’s objective to sell $110 million of community assets over the next 10 years.
FOKE continues to stress that the sale of community assets remains detrimental to the long-term amenity, health and character of Ku-ring-gai. With the impost from NSW Planning to demand further population increases in Ku-ring-gai, the loss of the community assets that could be utilised as playgrounds, ovals, open space and community services buildings is negative to the vision espoused for Ku-ring-gai in the Strategic Plan of an interconnected community appreciating our natural and heritage character.
The DLTFP is heavily supported by the sale of supposedly ‘underutilised’ assets, without the mention of the largest asset of 828 Pacific Highway which has been very much underutilised to meet council or community needs.
Going back to the early 2000’s it was understood by the community that the Council Chambers and council’s car park would be proposed for a ‘Gordon Hub’ not 828 Pacific Highway which we understand is the current plan. We believe the house blocks adjoining council’s car park bought by council for a park on the west side of Gordon adjacent to the shopping precinct, are now a potential additional council asset being considered for sale and redevelopment.
Community assets are not an ever-ending source of funds for Council. Continuing in this manner to maintain a sustainable budget will eventually spell financial disaster, while undermining the key elements that make Ku-ring-gai such a wonderful area to live.
Though the early years of this financial plan highlight spending on park development, this quickly dissipates in the outward years. Very few new parks are planned while community assets such as bowling and recreation clubs, 3 libraries and public halls such as the Pymble Town Hall, car park and Presbytery, and Lindfield senior citizen community hall, affordable housing units and two tennis courts (on the Lindfield Library site) are planned to be sold and redeveloped, are just some of the assets to be disposed by Council.
Outlined in the DLTFP was an alternative financial scenario without asset sales which was seen as similarly ‘financially sustainable in terms of maintaining a balanced budget, sufficient unrestricted cash and available working capital, sufficient cash reserves and a permissible debt service ratio over the medium term’.
The intergenerational equity of retaining existing assets close to residential areas for use by residents into the future should be council’s primary purpose. The office block at 828 Pacific Highway should be the first asset to be sold as it does not add to the amenity of residents in terms of community services, recreation or engagement.
Council’s own Open Space Program highlights numerous areas where parks and playgrounds need to be built or expanded, such as in West Roseville and Lindfield west of the Highway. The Lindfield Hub will allow for hundreds of new residents with no significant open space for play and recreation within close proximity. With this overdevelopment planning scenario played out for other planned council Hubs in Turramurra and Gordon.
The determination of ‘underutilised assets’ (assets which have for years been deliberately allowed to run down by council) for sale will continue to be an area of concern for residents both for the short and long term as these sites, once sold these assets will be lost forever for the amenity of our ever-growing population.