Our Community, Our Future, Our Responsibility

The Pasadena development application has been lodged and comments are due by Thursday September 8.

Council can only take the community’s views into account if it receives those views in writing, by the due date.

Numbers matter. If only a few people respond, Council has every right to think there is little public interest or concern.

Pasadena DA lodged
Comments due Thurs 8th Sept
Send to: pittwater_council@pittwater.nsw.gov.au (no longer relevant)
Subject Heading: Development Application Enquiry: N0313/16

IMPACT on PARKING will be HUGE

A new DA has been lodged for a licensed restaurant for 138 patrons, 13 motel rooms, a manager’s residence and a new day spa – but only provides 9 on-site parking spaces!

The West Pittwater Community Association will be submitting a response to the “Pasadena” DA objecting on a number of points, but with emphasis on the impact to parking. We encourage all members and residents to submit a response to ensure our collective voice is heard.

It is also vital to remember Council’s current proposal to change the parking rules and layout in local streets (with NO CPP exemption) will reduce unrestricted spaces available by 100-110 spaces, even after the new car park is built.

Below are a number of points you may consider raising with Council:

The Pasadena DA provides only 9 on-site parking spaces!!

Please read the Traffic and Parking Implications Report (link), provided with the DA, it provides ample ammunition to discredit the application: RMS guidelines indicate 34 spaces should be provided for guests and staff.

The report bases its numbers on “anticipated strong patronage from locals and offshore residents”, the restaurant will be only 30 – 85 % full, claims car use will be similar to accessing an inner-city pub. We are all aware parking is scarce in the evening and on weekends, coinciding when patronage is expected to be strongest, not to mention expected numbers for wedding parties and functions. 

The report claims: “The proportion of restaurant/café patrons driving a car to/from the ‘Pasadena’ is likely to be similar to the proportion who travel by car to/from restaurants and/or pubs in the inner city suburbs of Sydney.”Church Point is isolated with inadequate and restricted transport and parking options.

The report concludes (p13) , “The excess parking demand potential can be accommodated in the new 120 space car park to be constructed at Church Point by Pittwater Council. In these circumstances, it can be concluded that the proposed refurbishment of the ‘Pasadena’ development has no unacceptable parking implications.” In claiming this they ignore the new car park only provides 45-50 new publicly available spaces after 60 are used for private lease and 10-15 current spaces are lost due to construction. Council is considering designating a substantial number of spaces as CPP only 6pm-6am, as requested by all local resident associations. The new car park is largely funded by offshore residents trying to get home, but Church Point businesses are seeking to directly benefit from the new car park while making NO direct contribution to the cost of construction, but attract yet more visitors for private profit.

Opening hours restaurant/pub: Not compatible with a residential area and family transport hub .

The Motel will operate 24/7 (subject to acceptance of Existing Use Rights), the Spa 7:30am – 9:00pm, 7 days
and the Restaurant from 5:00am – 12:00pm Mon – Sat; 10:00am- 10:00pm Sun; 12:00am – 10:00pm Good Fri & Xmas; 5:00am – 2:00am Dec 31. This development is as stated like a ‘hotel pub in the inner-city’. It is not in keeping with the isolated residential setting or the demographics of the existing community which includes many young families and retirees.

Noise: Noise from music, guests, refrigeration and delivery trucks are likely to impact nearby Church Point residents and for off-shore residents, especially in the afternoon and evening, as it is amplified travelling across the water.

Existing use rights: Establishing a motel (14 rooms) is subject to acceptance of Existing Use Rights in accordance with the EP&A Act. A motel is a prohibited use on this site, however, the applicant is claiming existing use rights as Warringah Council first approved the use of the site for motel rooms, restaurant and retail in 1961.

Number of dining seats: Since the Pasadena ceased operating under its previous licence, the number of licensed seats at the Waterfront Café has grown substantially. Should this be considered in determining the number of Pasadena restaurant seats permitted? Should there be a maximum number of dining seats for Church Point?

Loss of Privacy at Thomas Stephens Reserve: Any new doors or windows or glazing of existing openings at the ground level on the western side of the Pasadena undermines the existing privacy and use of the reserve.

Please do not leave this important matter to others. As you will see from the following information, the impact on parking – one of this area’s most pressing problems – is a central issue.

Read, absorb, consider and then WRITE. After September 8 it will be too late to have your voice heard.

 

Member for Pittwater Rob Stokes today announced the NSW Government has agreed to provide financial support to Northern Beaches Council to assist with its resolution to purchase the former Pasadena site at Church Point.

The NSW Government has previously provided financial assistance to Council’s ongoing car parking, boardwalk and pedestrian improvements currently being introduced around the Church Point precinct.

Returning the Pasadena site to public ownership would further enable Northern Beaches Council to provide a key community precinct that preserves the area’s unique character and natural beauty.

“Church Point is one of our most iconic community precincts,” Rob Stokes said today.

“Council is currently introducing generational improvements throughout the precinct and there’s now an important opportunity for the NSW Government to further contribute to this project.

“It’s vital that the low-key character of Church Point is maintained and its historic purpose as a community and commuter precinct continues.

“Despite millions currently being invested in community infrastructure improvements at Church Point – the former Pasadena site is literally the missing piece in the puzzle.

“Its location in the centre of the community precinct is prohibitive in enabling Council to proceed with broader landscaping, recreational and community infrastructure improvements.

“I’m pleased the NSW Government is able to continue supporting Council in pursuing improvements at Church Point,” Rob Stokes said.

 

 

Source: Rob Stokes – member for Pittwater

Source: Robbie Patterson | Manly Daily

 

Owners of the Pasadena at Church Point have started constructions works. Picture: Annika Enderborg.

CONSTRUCTION STARTS TO REOPEN HISTORIC PASADENA SITE DESPITE COUNCIL PLANS TO BUY AND DEMOLISH THE BUILDING

Related Articles

Pasadena at Church Point to be acquired by council

A DEVELOPER and the Northern Beaches Council are locked in a stalemate over a prime parcel of waterfront land in Church Point that each party has future plans for.

The owner of Pasadena has started construction of a brand new event and function centre in a bid to relaunch the former hotspot on the peninsula’s north.

But it comes despite council plans to compulsorily acquire the site, which were made public in August.

 

Mark Ferguson, chief executive officer of the Northern Beaches Council says they are in negotiations with the site’s owners.

The council planned to bulldoze the site to make way for open space and more parking. Council’s chief executive Mark Ferguson said his staff have been in negotiations with Logic Design and Build to acquire the land.

But a construction approval dating back to the 1960s is being used by the site’s owner, Paul Peterkin as justification for the works, according to the council.

“They have a construction certificate to commence work on an old consent in the 1963 and it appears as though they can commence work but the council is reviewing it at the moment,” council chief executive Mark Ferguson said.

Mr Peterkin says the certificate — which a private certifier signs off on — was “recently finalised”.

The Pasadena at Church Point. Picture: Supplied.

“Work has commenced after we secured the lease over the adjacent site late last year and eight months of careful planning, design and great expense,” he told the Manly Daily.

Pasadena, an 87-year-old site, was a popular wedding venue, motel and function centre but will now be pulled down. It has been vacant since 2009.

“I know the Council recently expressed an interest in purchasing the site, but we are just getting on with it as per our original plans, as there is uncertainty to whether council has the funds to buy us out given the commercial value of the integrated site and whether we would accept their offer in any event,” Mr Peterkin said.

“The past five years of my ownership has seen a building sit vacant and in disrepair due to rejected DA’s and a four-year negotiation process with Crown Lands to secure a 25-year lease over adjacent land needed to make the business viable.”

 

Pasadena is near the ferry wharf at Church Point. Picture: Adam Yip.

Mr Peterkin said his company was looking forward to the reopening the site.

“We think it is an exciting development that the northern beaches community will be able to enjoy,” he said. “If the Council comes up with a superior offer in the meantime, we will of course consider that.”

The council says it wants to lock in a suitable arrangement with Mr Peterkin and had already begun negotiations.

“We are keen to talk to them and we will engage with them with a view to seeking to acquire the property,” Mr Ferguson said. “We want to negotiate with them and do it to mutual satisfaction.”

Source: Pittwater Online News

Pasadena At Church Point, Pittwater Update: January 2018

On Tuesday January 23rd, 2018 Good Food published a page announcing the Pasadena Restaurant in Church Point will reopen in March this year under the partnership of restaurateur and bar operator Paul Schulte (Cargo Bar and Chophouse) with Pasadena owner and local resident Paul Peterkin.

The article states the pair will open a 160-seat seafood grill with an accompanying boutique hotel will follow mid-year.

Mr. Schulte, who lives up here too, has former Hugo’s and Quay chef Alex Tawning, another local, overseeing the menu.

In 2017, pre the local government elections, it was announced by the state government installed administrator on August 9th, that council would be compulsorily acquiring the site and bulldozing the premises.

The announcement didn’t take into account what the owners may want to do with their asset, as no discussion had yet taken place, a range of laws and rules that apply to compulsory acquisitions by councils, nor the sale notice of 2012 (the site sold for $2.4 million) which clearly displays ‘Previously DA approved’ (Building Approval A212/63 was issued by Warringah Shire Council for 3 shops, an estate agent’s office, 3 storerooms, toilets, vestibule, restaurant, kitchen and storeroom and a concrete terrace area, which later formed part of the covered eating area on the northern side of the building, 13 motel rooms on the first floor and common laundry, plant room, private laundry and store on the second floor.) nor what the broader community may want.

Residents Associations (Scotland Island Residents Association, Church Point Friends and the West Pittwater Community Association) held a protest on Saturday 16th of December 2017, stating the offshore community has grown over the years resulting in increasing pressure on car parking and this will only add to the problem. They are also concerned the community will lose access to the Crown Land on the water side of Pasadena which is used by locals and day visitors.

Others were upset when we all lost, on December 8th, 2017, that wonderful painting by Nettie Lodge which became the logo for the Gone Fishing Gallery when it occupied the then leaking premises prior to the sale.

On Wednesday Pittwater Online News spoke to Mr. Peterkin, a local himself for over 25 years, who stated that “Of course people will be able to access the front area. It’s Crown Land and the pathway is still there and will still be there once refurbishments are complete.”

Will there be space on the walls for local Artists works and could they be sold through the venue?

“You have to be community based and supportive. Of course we would be happy to do that.”

In the past people have been and remain concerned about parking issues – do you have any plans in place there?

“Parking may be alleviated by mini bus to and from venue and surrounding area for patrons, from say Mona Vale in. Something we are looking into There’s also a new car park being finished and the public car park adjoining the venue. ”

Residents would be aware that Jonah’s at Palm Beach has a minibus that picks up passengers arriving by seaplane or from the surrounds, whether simply dining or staying in one of their rooms for a night or weekend. There is also a private wharf at the venue for those who prefer to stay on the water and a water taxi service that’s based locally.

Pittwater Online News’ Facebook page linking to the Good Food article on Tuesday has attracted comments such as;

“Good news for Pittwater!”

‘We were married there 18 years ago this March. So glad to see it being reborn! A beautiful spot that will always hold a place in our hearts.’

‘Hope it goes ahead, we got married there 23 years ago this November. Would definitely come to the restaurant and stay at the hotel, great location.’

and

‘I love this place as well’.

The post was seen and read by 2332 people within hours, or 10 to 17 times that amount if you go per Facebook social media algorithms on on-shares (27) and likes/ loves etc. By late Wednesday it was 3192 people reached and on-shares was x 42. There was not one negative response.

A similar post on August 9th attracted stats. of 5,631 People Reached and 91 on-shares (although this was over a week and a half, not hours).

Comments then ranged from

“Agreed 100%’

to

“Its Church Point as I remember as a child. The good times we had at the Pasadena are still with me. It would be the ideal wedding venue or restaurant. Stop pulling down our heritage buildings. The Pasadena is Church Point.”

The ‘Stop pulling down our heritage buildings’ and fury that a local business may be lost, without any kind of consultation prior to the pronouncement, was echoed in emails to Pittwater Online.

Residents wrote they wanted the Pasadena on Pittwater to still exist due to its historical aspects for Pittwater, and for a potentially future site for creative ventures or displays and performances by creatives(which is why Pittwater Council were bidding for the site in 2012 too), as much as a source of employment and enjoyment. Younger residents in particular have been keen to hear when the venue will open as a source of part-time work for them if studying or as an option for a career in the hospitality industry.

Mr. Peterkin echoed this feedback, stating that he too had been approached by people while working on the site who all were looking forward to the reopening.

“One couple just recently who have returned here from overseas related eating here during the 1950’s and how much the place meant to them.” he said.

“Sydney is losing so many of these places that are invested with connection to community and which have so many memories associated with them. To hold on to and keep these is very important for those who have been married here, or got engaged or just have history associated with the Pasadena. They’re also important for those who are younger and want to know what happened before them and what can happen here in the future.

When I stand down here at Church Point on the grounds you realise this site and place is unique, it’s one of a kind in Australia and to the rest of the world.”

Late last week an inquiry made through a councillor on behalf of residents on what was happening brought the response;

Is the acquisition proceeding?

“If council is unable to reach agreement through direct negotiation, it intends to proceed with a compulsory acquisition with the aim of returning the waterfront site to the public for open space. The process for compulsory acquisition cannot commence until at least 6 months of negotiations takes place between the parties.”

“After the site is acquired, council will engage with the community to create a masterplan for the area, with the intention to convert the majority of the site to public open space as well as provide suitable buildings to accentuate public use of the area.”

Suitable buildings?: new loos, picnic shelters, or….

Will this matter come before council to make a decision on whether or not to proceed with the acquisition?

“The matter is not required to come before council to make a decision on whether or not to proceed with the acquisition. The authority to acquire the site has already been provided under the Council Resolution dated 8 August 2017. Pending the outcome of the negotiations the CEO may however choose to raise the issue before council again prior to acquisition.

Six months of negotiations, if they commenced immediately, would date to February 9th, 2018. If later, then they meet the March scheduled reopening – which is sure be a gala affair after such a saga!

Meanwhile, back at Church Point, the owners have been getting on with; employing local tradesmen, installing a palm garden and choosing the umbrellas that will provide extra shade in the garden, polishing up the private wharf so boat owners can arrive by water to sit by the water, and finalising a seafood menu and wine list to complement such fare.

 

Palm Trees installed, Dec. 18, 2017 – from Pasadena Instagram page

A new website and Instagram page, listing “PASADENA Waterside Boutique Hotel & Restaurant ” are already up and running.

One post on the instagram is asking:

” Who wants to get a tan whilst they work and be part of the rebirth of an icon? Share the message we are looking for staff for the big open very shortly!! Please direct message me or email ellie@pasadenasydney.com – pasadenasydney ”

So more jobs for locals into the future too. The instagram picture to go with:

 

 

Now all that needs to occur is parking being eased by the new car park being installed at Church Point, where at least 60 spaces of the 120 new ones will be available for lease, located on the top level, at $4,939 pa + yearly CPI increase (although many residents state there still won’t be enough parking at Church Point), and as the continued opportunity to dangle your legs over the seawall into the Pittwater at the front of the Pasadena site is not in peril, people young and a bit older than that are looking forward to the March 2018 reopening of the Pasadena.

Crown Land access path still intact – Dec. 18, 2017 – from Pasadena Instagram page

PASADENA UPDATE

The SIRA committee is acutely aware that there is a lot of confusion around the Pasadena and what it will mean for our community.

For this reason, the SIRA Church Point Working Group* has worked on a summary and update with the intention to clearly communicate the situation as we understand it. You can read the update below.

Statements made in the media, incorrectly asserting that communities surrounding Church Point support the opening, made it necessary for us to publicly communicate our perspective. Thanks to the effort of 60 or so residents who did just that at the protest last week, this perspective is now better understood.

We think that the traffic and parking congestion you will experience these holidays will be a clear indication of a future with the Pasadena in operation: even with the new car park on-line.

There is confidence that the Pasadena will be acquired by Council and that the site will be put to good use for the community, onshore and offshore. We also know the issue is not divisive. Many on-shore residents are just as concerned about the further increase in demand on the Church Point area.

What is the recommendation in the meantime?

• Whenever possible, keep the message prominent in conversation and on social media.
• Your actions as a consumer can be powerful. Remember the last 5 years the building has been standing abandoned.
• Follow the recommendation at the bottom of our summary below and write to authorities.

Please be assured that SIRA is working with authorities and other residents’ groups for a positive outcome.

Merry Christmas!
Hubert van Mierlo,
SIRA President.

*If you would like to join the CP working group, drop me a line

 

SUMMARY OF THE CURRENT PASADENA SITUATION

The Pasadena site is made up of the freehold building and the Crown Land, located at the front and the side of the premises, that the owners lease from NSW Department of Industry.

On August 8, 2017 Northern Beaches Council (NBC) resolved to proceed with the acquisition of the Pasadena and surrounding public lands. Council Report and Minutes here

The following day, a media release announcing the acquisition (see update 2)  was issued from the office of our local member, Rob Stokes.

The first stage of the acquisition process takes 6-7 months during which time the parties enter negotiations. This phase is currently underway and will continue into early 2018. In the interim, the owner of the Pasadena has commenced significant renovations and has stated his intention to begin commercial operations by December 24.

While Council is on track to proceed with the acquisition of the property, there is concern amongst many local community residents, both offshore and onshore, that the works on the Pasadena may negatively affect this process. There are also concerns about the legality and compliance of these renovations and the proposed opening, as well as the local environmental impact and work, health and safety practices during the renovations.

Council is aware of the building works being carried out under a construction certificate going back to the 1960’s and there is a team investigating the planning regulations. However, as there is a potential conflict of interest during the acquisition process there may be constraints on any course of action.

We are a diverse community and there is some local support for the redevelopment of the Pasadena. However, the views of the residents’ groups and many of the wider public, who regularly use Church Point, is that it is a critical community and transport hub which is already under excess demand and cannot absorb any further increased pressure on the scarce land and parking resources that would be the result of the Pasadena redevelopment.

At this stage, we are confident that the acquisition will take place, however, it is possible that this legally complex process may go through several stages and take some considerable time.

In the interim it is highly recommended that local community members express their views about what is happening at the Pasadena and on the leased public lands and communicate these to Northern Beaches Council and to our local member.

Northern Beaches Council – Report and Issue Portal

Ben Taylor, General Manager, Environment & Infrastructure
ben.taylor@northernbeaches.nsw.gov.au

Rob Stokes, Member for Pittwater
ElectorateOffice.Pittwater@parliament.nsw.gov.au

Source: Pittwater Life

The owner of Pasadena at Church Point – subject of a controversial‘tug-of-war’ with Northern Beaches Council over its proposed compulsory acquisition – has reached out to local Councillors to “correct misinformation” relating to works on the waterfront lot which he expects to reopen in mid-May.

At the same time, the legal team for the West PittwaterAs- sociation has outlined why the worksshould be deemed illegal.

And Council has launched a dedicated Pasadena pageon its website to deliverratepayersits position.

Also, Council appears to accept it has not entered into formal negotiationsto buy the site, recently posting:“We have now engaged acquisition spe- cialists and valuers to progress the acquisition process and will soon be commencing formal negotiations with the owner which will occur overa period of at least 6 months.”

Plans for the 160-seat res- taurant and 10-roomboutique accommodation have polarised opinion of locals.

Pasadena was purchased at auction by the company Altius

Pittwater Life understands Al- tius director Paul Peterkin has emailed councillorssaying that before the site’sConstruction Certificate was issued, Altiusmet with the interim Council in January last year to explain what works would be carried out– and that Council had not objected.

Mr Peterkin says Council only started to question the validity of the construction certificate, which was based on 1960s consent,in March.

Last month Pittwater Life reported that Council had en- gaged a specialist legal team to assist the process,following the expiry of the compulsory six- month negotiations timeframe.

However, Mr Peterkin alleges Council has not madea genuine attempt tofacilitate acquisition negotiations because it had failed to obtain or present a valuation to Altius. Further, if such a valuation were obtainedthis month (May), Mr Peterkin suggests the earliest Council could issue an acquisition notice would be November2018. Opponents point out that in December 2016, the current proposal was submitted as a DA, reviewed by an Independent Review Panel and refused. The1963 assertion was denied on grounds of public interest and lack of parking.

However, Mr Peterkin asserts long-standing car parking is- sues at ChurchPoint have not beenbrought about because of the uncertainty surrounding Pasadena. He believes that meeting the private needs of the off shore community should not come at the expense of the broader community.

Meanwhile, recent workon Pasadena should be deemed ‘illegal’ on two accounts, ac- cording toa Senior Counsel actingfor the three Pittwater residents’ groups (West PittwaterCommunity Association,Scotland Island Residents’Association and Church PoinFriends), calling into question the validity of the privately is sued construction certificate. West Pittwater Commu nity Association Vice President Nicholas Cowdrey said: “Itis a travesty that theseworks are continuing under the pretext ofa complying approvaldating back to 1963. Notwithstanding legal advice that the approvalwas superseded the same year and the ‘existing use’ rights abandoned in2008.”

Mr Cowdrey said the Senior Counsel’s advice concluded that the existing use (motel/guest house, etcplus restaurant and shops) had been abandoned (since 2008) and could notbe relied upon by the developer.

So, any work or operationdi- rected towards suchuses was prohibited under the EPA Act, he said.

Council’s website further states: “… we have engaged acquisition specialists and valu- ersto progress the acquisitionprocess and have no plans to change course.”– Nigel Wall 

Source: Northern Beaches Council Website (access now denied by Northern beaches council)

Editor: Content however was copied by and some content appears below:

The Pasadena site has generated much community interest and we have provided the following frequently asked questions to address many of these enquiries.

We will continue to update this page as further information becomes available. Should you have any questions please email council@northernbeaches.nsw.gov.au

Is Council going to acquire the Pasadena?

The Pasadena lay derelict, run down and unused for many years, creating an eyesore on the waterfront at Church Point.

In August last year, with the backing of the State Government, Council resolved to acquire the land so this beautiful section of foreshore could be returned to the community.

Council resolved to negotiate with the owner and to purchase the land and to acquire it compulsorily if negotiations were unsuccessful.

How much negotiation has occurred already?

Council has had a number of meetings and interactions with the owner.

We have now engaged acquisition specialists and valuers to progress the process, and will soon be commencing formal negotiations with the owner which will occur over a period of at least six months (unless agreement is reached sooner).

Why would the owner have spent all this money on the property if he thought you were going to acquire it?

We can’t speak for the owner. We have made our intentions very clear to the owner and the community since the Council resolution last August, however the owner is entitled to lawfully use and develop the land until such time as the land is acquired.

Won’t it cost you more now it had been redeveloped?

Council will pay compensation to the owner for the acquired land as assessed under the Just Terms Act. Council is not in a position to know whether the current works will impact upon the compensation payable, as there has not yet been an assessment of the owner’s entitlement to compensation under the Just Terms Act. We have now engaged acquisition specialists and valuers to progress the process and they will advise on the costs.

What is Council’s plan for it?

Once acquired, Council will develop a masterplan for the site in consultation with the local community.

How did the owners get approval for the works if Council were going to buy it?

The owner claims the current works occurring on site are reliant on a 1963 Approval for which a recent Construction Certificate has been obtained by a Private Certifier. Council is currently investigating the lawfulness of the works presently being undertaken and the investigation is ongoing.

Of importance, Council’s intention to acquire the land has no bearing on the lawfulness of the owner’s actions.

Has the developer complied with the conditions of the approval? The community are concerned they are well outside the footprint of their approval – and taking up public land they are not entitled to with their outside awnings and seating.

Council is currently investigating the lawfulness of the works presently being undertaken and the investigation is ongoing.

What are the Council’s next steps?

We have now engaged acquisition specialists and valuers to progress the acquisition process, and will soon be commencing formal negotiations with the owner which will occur over a period of at least six months (unless agreement is reached sooner).

Would Council change its mind given the Pasadena is now redeveloped?

Council has a resolution to acquire the property and return it to the community. At this stage we have engaged acquisition specialists and valuers to progress the acquisition process and have no plans to change course.

2 July 2018

 

Diagram showing the Pasadena freehold and the adjacent Crown lands. Source: Google Maps

Background

The WPCA Committee has recently received some enquiries regarding the legal action against the Pasadena owner announced on 21 May 2018. The points below explain the reasons for the action and the processes in play:

• Church Point Community Projects Association Inc. (CPCP) is an incorporated association (therefore a legal “person”) with a concern to ensure that developments in Church Point are for the community benefit and result from community engagement in the planning process.
• It is run by a group of concerned residents from onshore and offshore and is supported by many residents from both areas and the wider Pittwater community.
• The legal action CPCP is taking is not directed at any commercial interests Altius Pty Ltd (the company that owns the Pasadena) or Paul Peterkin (the principal of that company) may have. It is directed at the failure of the authorities to enforce the relevant planning and construction laws, thereby allowing unauthorised work to take place, directed towards the conduct of unauthorised uses of the Pasadena site.
• CPCP is also directed at having the Crown land (which is all the land being used outside the footprint of the main building itself) returned to public use. Refer to diagram below.
• Not taking this action results in a building and use proposed in a DA rejected by Council in December 2016.
• It is also hoped that the action will result in a true and fair value of the freehold being determined, allowing Northern Beaches Council to implement its resolution of 7 August 2017 to acquire the property, to conduct a proper master planning process for the whole area with community input, and to put the area to community approved uses that benefit the community using Church Point.

Update

A directions hearing was held on Friday 29 June 2018 before Justice Moore of the NSW Land and Environment Court. The Judge agreed to list the matter for an early hearing date on 15 and 16 August 2018 in the absence of an Injunction being sought in the meantime.

Points to note include:

• The Judge was aware of the public interest concern in relation to these proceedings and could see the urgent necessity in listing this matter for a hearing as soon as possible, the 15th &16th August being the earliest dates available to the Court.
• Counsel for Altius (the respondent) strongly opposed the listing of the matter for an early hearing date and sought a lengthy timetable which would likely see the matter listed much later in 2018. Further, Counsel for Altius submitted that the hearing dates (15th & 16thAugust) were unsuitable to them.
• An order was made, also over the opposition by the respondent, for CPCP’s town planner to have access to the Crown land for the purposes of carrying out a site inspection and report.
• An application is being made to join the relevant Minister in charge of Crown lands as a party to the proceedings, enabling the position of the leased Crown lands adjacent to the Pasadena also to be considered in the proceedings.
• Counsel and solicitors are preparing the necessary documents and attending to the practical issues that may arise.

Require more Information?

The WPCA will provide updates as necessary and endeavour to find answers to any queries you may have. We understand contributions can still be paid to the CPCP publicly subscribed legal fund, for details please email secretary@westpittwater.com.au

Excerpt of the Submission from Karen Lambert of West Pittwater Community Association

The General Manager
Pittwater Council,
PO Box 882
Mona Vale  NSW 1660
Fax No 9970 7150

Re Pasadena 1858 Pittwater Road Church Point NSW 2105 – DA No N0051/05

Please find following the submission by the West Pittwater Community Association regarding the amendments to the Pasadena redevelopment:
 
In reviewing this proposal a major concern of the committee is that there are obvious inconsistencies with the currently developed Church Point Draft Plan of Management. The revised application should be coordinated with the draft plan of management.

Of great concern is that the POM identifies land currently leased by the Pasadena that is to return to public use on the point to the north of the Pasadena, no reference to this is made in the proposal and it is essential to ensure that the intention of the POM prevails.

The proposal also identifies changes marked on the landscape plan that are of significance to the POM. In particular the parking configuration to the south of the Pasadena, proposed tree locations adjacent to this parking and a kerb reworking to Thomas Stephen Reserve.

Again it is essential that decisions made in the POM process on the detail of these areas prevail. 
Our opposition to a number of the proposed amendments is outlined below:

These key issues are:

1. The Thomas Stephen Reserve is compromised by having the podium to the western edge of the Pasadena built on public land. The impact of this podium as public amenity is completely spurious as it alienates public space. This podium area that is proposed upon public land must cease to be assumed by the proponent as a part of their approved design. The podium that is proposed within their boundary on the western elevation is the total extent of the podium that can be countenanced.
2. The enlargement of the retail space doors to the western podium/walkway is not supported. The existence of any openings on this western facade to the Thomas Stephen Reserve is viewed as compromising the integrity of the public space of the reserve. Any openings in the western facade should not assume direct access to the Reserve. It is hoped that the detail of the Church Point POM will deal with the current visual, (and in the case of the proposed podium), the physical appropriation of public space that results from the Pasadena plans.
3. The proposed landscape changes alter the existing road curtilage. Public entry to the Thomas Stephen Reserve is severely compromised being reduced to about 1/3 of the current size, this proposal is not supported in any way. The very necessary drop off area as currently exists is already under pressure and is a minimal workable size. The proposal reduces the public amenity and is totally unacceptable.
4. The proposed landscape changes also indicate tree planting at either end of the southern side of the new building ‘bookending’ the car parking on the roadway. In this revised landscape plan that realigns the existing street/kerb alignment to create the western tree planting area, crepe myrtle is proposed as the tree species … this is a totally inappropriate multi-limbed shrub-like plant … not as the drawing suggests a large spotted gum. This proposed suggestion cannot be supported. The realignment of the kerb is totally opposed, and the planting as such offers little public amenity, nor is it appropriate species choice.
5. The recycling facilities that currently exist within the Pasadena’s boundary are a necessary part of the Reserves use and no provision has been made for their relocation. The POM will need to ensure that adequate provision for this is made.

Further more the revised application should take into account the revised lease area in the POM and modify the landscape plan and external works to reflect this. We feel that the retail cannot be allowed to privatize Thomas Stevens reserve by assuming access or by extending the building footprint in the form of a podium onto public land and the Reserve.

All openings need to be acoustically rated to ensure that public activities are not diminished from what currently exists by the changes in layout and use.

Kind Regards,

Karen Lambert

Land and Environment Refusal (1.8MB)

WPCA Pasadena Development Submission (49 KB)