Ku-ring-gai Council to take NSW Government to court in appeal against housing density reforms

Ratepayers will foot the bill for a council’s court battle against NSW Government density reforms that one councillor labelled a housing ‘Ponzi’ scheme.

Ratepayers are set to foot the bill for a council’s court battle against the NSW Government as part of a land minute bid to stop sweeping housing density reforms from going ahead.

Ku-ring-gai councillors have unanimously voted to take the NSW Government to the Land and Environment Court in an appeal against new ‘transport oriented development’ reforms aimed at supercharging density near suburban train stations.

The council is the first in NSW to take the legal extraordinary step and represents an escalation in the council’s opposition to the reforms which one councillor labelled a housing ‘Ponzi scheme’.

The council has not publicly released how much money it is willing to spend on the legal challenge – claiming the figure is ‘confidential’.

The reforms – due to come into effect from Monday – would allow developments up to six storeys tall near more than 30 train stations across greater Sydney including four in Ku-ring-gai.

Mayor Sam Ngai.

Ku-ring-gai Mayor Sam Ngai said there has been widespread community opposition to the reforms – underpinned by reports of developers circling and harassing residents to buy their homes.

“As a council we believe we have the grounds to appeal and the council would not go down this path unless we think we had reasonable prospects,” he said.

“I understand some residents have not been keen on the cost involved in legal action, but the reality is if we let this slide we’d still have to go to court against developments over ambiguities in the housing legislation.

“We either incur the expense now or incur it at a later point this year.

The reforms would encourage increased density near certain train stations in Sydney.

“I don’t expect the appeal will cost much and it pales to the massive destruction in value the government reforms will cost us.

Councillor Simon Lennon – who supported the legal action – labelled the housing reforms a “Ponzi scheme” that would “destroy” suburbs near train stations including Killara and Gordon and “diminish quality life across Sydney.”

Modelling by the council shows 40 per cent of land proposed for higher density redevelopment is listed as a heritage conservation area or a heritage item – and as high as 83 per cent in Killara.

The reforms would apply to areas near train stations including Lindfield, pictured here.

Melissa Neighbour, co-founder of Sydney YIMBY group which supports increased housing, believes the council is “shirking its responsibility” in addressing the state’s housing needs.

“I think it’s disturbing that during a housing crisis the council is wasting money and resources going to court instead of getting their job done which is to facilitate housing,” she said.

“It’s a frivolous attempt pursuing an uncompromising position and by not providing a diverse range of homes, they are impacting their own residents and locking out nurses and teachers who are priced out of their area.”

Sydney YIMBY co-founder Melissa Neighbour.

Mr Ngai said the decision to take legal action follows unsuccessful attempts by the council to be granted more time by the NSW Government to develop alternative housing strategies for the council area.

NSW Planning Minister Paul Scully – however – said he had met with Mr Ngai and council officers to “offer flexibility” around time frames for commencement of the planning reforms to allow for “local planning” but the council had not “submitted anything to the department.”

Mr Scully has previously stated all councils across greater Sydney need to start “pulling their weight” to meet the state’s housing demands.

A map showing in blue impacted by the NSW planning changes.

Ku-ring-gai Councillor Barbara Ward said she was not opposed to increased density, but did not agree with the NSW Government’s “one-size fits all top down” approach.

Councillor Martin Smith said taking legal action would be an “opportunity to stand up to the NSW government and defend our residents”.

“Our tree canopy is being threatened, our heritage is being threatened and our identity has been threatened by what is proposed,” he said.

Despite taking legal action, Mr Ngai said the NSW Government housing changes mean developers could still lodge development applications as soon as Monday in areas impacted by the NSW Government housing changes.

In Ku-ring-gai, the four train stations earmarked for increased density include Killara, Gordon, Lindfield and Roseville.