In August last year Northern Beaches Council (NBC) resolved to acquire the Pasadena site and incorporate it within a new plan for the whole of Church Point for the greater community benefit. The funding for this acquisition forms part of funds that NBC received from the NSW Government to support the Council amalgamation process and provide one-off funding for significant local projects.
Following the announcement of that decision the current owner of the Pasadena began renovating in preparation for the opening of a 160-seat restaurant and upstairs motel.
The validity of the privately issued Construction Certificate and of a pending Occupation Certificate has been questioned by many. Without clear feedback from Council, the offshore Associations & a number of concerned individuals contributed funds to seek independent legal advice from a very experienced Senior Counsel. As outlined in the SIRA News of 13/3/18, this advice concluded that the current activities on the Pasadena site are illegal.
Please Act Now!
Last weekend members of SIRA and other local Associations met with Northern Beaches Councillors to discuss the Pasadena and ask why Council has not acted on the compliance issues surrounding recent developments.
It is our understanding that Council is still awaiting final legal advice. We detailed the background of the development and pressed the urgency of this matter – once the Pasadena begins trading the pressure upon local parking, including the local streets of Church Point, will become extraordinarily intense.
Councillors strongly advised us that if local community members are concerned we should urge them to write individual letters to Council. Form letters are only counted as one and a petition carries little weight.
WE STRONGLY ENCOURAGE YOU TO WRITE YOUR OWN LETTER TO COUNCIL
What to Say
Here are some points for you to consider:
Council refused a previous DA for a hotel and restaurant in December 2016:
- The land does not enjoy existing use rights
- Parking demands are not met having regard for the shortfall in existing and future demand
- Unsatisfactory regard for the public interest (safety of retirees, families and children)
- Link to full DA Refusal:
The current development is based on a flawed approval process and is technically illegal:
- Theproposed use, seating capacity and function are based upon a1963 Building Approval
- The previous use of the Pasadena was abandoned in 2008 and the restaurant was moved to the Waterfront Café
- How can a Private Certifier overturn a Council decision and issue a Construction Certificate?
- In 2013 the Paasadena sold for $2.4M with no existing use rights or approved DA. It sat vacant for 4 years while the owner lodged DAs to build apartments. How can the current development proceed without Council due process?
- There was no community consultation or opportunity to comment on the leasing of Crown lands adjacent to and in front of the Pasadena building. It is against the public interest that access is denied to this prime foreshore land for greater community benefit.
The whole area should be subject to a new Plan of Management to build on the achievements of the existing plan, developed and implemented over some 30 years:
- A new plan should extend ongoing improvement to the waterfront for the benefit of the wider community, as opposed to development in the interests of of a private business.
Impacts on an isolated residential community and transport hub:
- If the current development proceeds the impact on the very limited local infrastructure will be catastrophic.
- Offshore residents rely on Church Point for access to their homes. There is increasing pressure on Church Point as the community grows and this will only increase. The decision by Council to acquire the site is a one-off opportunity to resolve issues that have impacted the area for many years.
- Church Point is not a venue, it is a vital community and transport hub. An entire precinct Plan of Management with community consultation will allow for sensible planning of parking, walkways, public space and critical access residents need to get to and from our homes.
- The area is limited by size and public infrastructure, including public transport. The proposed development is beyond the capacity of the site, out of character and inappropriate.
Long term impacts on offshore and onshore communities if the development proceeds:
- The time and funds spent by the State and Local Governments on the new improved parking infrastructure (approx. $9M, including ongoing funding by the offshore community) will be negated and the partnership to fund the project will be for the benefit of a single developer.
- For the onshore community there will also be additional parking pressure upon the local streets at a time when it was hoped it could be reduced. A 160-seat restaurant with late night hours will intensify the problems for everyone.
Who to Send Your Letter To
We ask that all community members write an individual letter. It is important to send it to both Council and State government representatives and to SIRA for our records.
Northern Beaches Council
PO Box 1336
Please request that a copy of your letter is forwarded to all Councillors, Ben Taylor, General Manager, Environment and Infrastructure and David Kerr, General Manager, Planning, Place and Community.
If you want to be sure that all Councillors receive your letter you could send a copy to each at the emails listed here:
It would also be very valuable if you communicated through the online Council feedback channel: https://help.northernbeaches.nsw.gov.au/s/article/Building-works-with-no-approval
The Hon. Rob Stokes MP
Member for Pittwater
1725 Pittwater Road
MONA VALE NSW 2103
The Hon. Anthony Roberts MP
Minister for Planning
GPO Box 5341
SYDNEY NSW 2001