Ku-ring-gai Council has withdrawn its legal action against the NSW Government after securing what it describes as a “better-than-court” outcome for the community.
The decision follows the State Government’s agreement to implement Council’s alternative Transport Oriented Development (TOD) scheme.
At its November meeting, councillors unanimously voted to accept the State’s offer to discontinue proceedings in the Land and Environment Court.
‘Our alternative plan will replace the Government’s former TOD policy and protect important built heritage and tree canopy, while meeting the Government’s targets for new housing in Ku-ring-gai,’ said Mayor Christine Kay.
The alternative TOD scheme delivered by Council ensures the protection of heritage, preservation of biodiversity and tree canopy, protection of the desired future character of Ku-ring-gai, and revitalisation of town centres.
‘Council’s plan was developed after extensive community consultation and responds directly to concerns about heritage, biodiversity, tree canopy and the unique character of our area,’ said Mayor Kay.
Though the transitional provisions associated with state significant development were not resolved to the satisfaction of Council, continuing legal proceedings could not be justified by Council.
Councillors who originally opposed the legal action are pleased to see the lawsuit being withdrawn. ‘Council has now recalibrated. The direction is finally coherent. What matters next is disciplined delivery,’ said Ku-ring-gai Councillor Cedric Spencer in a social media post.
Some community groups and advocates are unhappy with the outcome and are calling the community to contact council and councillors and fight against the decision. ‘The amendments for additional units are unacceptable as the TOD plans will deliver 24,460 dwellings ie 3,300 dwellings more than originally demanded… This new total of over 29,000 new dwellings within 400 metres of Roseville, Lindfield, Killara and Gordon with no planned infrastructure or facilities is completely unsustainable,’ said Friends of Ku-ring-gai Environment in a post.
