Pittwater Life May 2018 Issue

Pasadena: It’s
protagonists
at 10 paces!
News
The owner of Pasadena at
Church Point – subject of
a controversial ‘tug-ofwar’
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 Pittwater Association
has outlined why the
works should be deemed illegal.
And Council has launched a
dedicated Pasadena page on its
website to deliver ratepayers its
position.
Also, Council appears to
accept it has not entered into
formal negotiations to buy the
site, recently posting: “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 6 months.”
Plans for the 160-seat restaurant
and 10-room boutique
accommodation have polarised
opinion of locals.
Pasadena was purchased at
auction by the company Altius
Pty Ltd in 2012. Following the
rejection of several DAs since
2012, in September last year
Altius was issued a construction
certificate based on 1961
development consent.
Pittwater Life understands Altius
director Paul Peterkin has
emailed councillors saying that
before the site’s Construction
Certificate was issued, Altius
met 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 engaged
a specialist legal team to
assist the process, following the
expiry of the compulsory sixmonth
negotiations timeframe.
However, Mr Peterkin alleges
Council has not made a genuine
attempt to facilitate acquisition
negotiations because it had
failed to obtain or present a
valuation to Altius. Further, if
such a valuation were obtained
this month (May), Mr Peterkin
suggests the earliest Council
CENTRE OF ATTENTION: Pasadena at Church Point could open this month.
could issue an acquisition notice
would be November 2018.
Opponents point out that in
December 2016, the current
proposal was submitted as a
DA, reviewed by an Independent
Review Panel and refused.
The 1963 assertion was denied
on grounds of public interest
and lack of parking.
However, Mr Peterkin asserts
long-standing car parking issues
at Church Point have not
been brought about because
of the uncertainty surrounding
Pasadena. He believes that
meeting the private needs of
the offshore community should
not come at the expense of the
broader community.
Meanwhile, recent work on
Pasadena should be deemed
‘illegal’ on two accounts, according
to a Senior Counsel
acting for the three Pittwater
residents’ groups (West Pittwater
Community Association,
Scotland Island Residents’
Association and Church Point
Friends), calling into question
the validity of the privately issued
construction certificate.
West Pittwater Community
Association Vice President
Nicholas Cowdrey said: “It is a
travesty that these works are
continuing under the pretext
of a complying approval dating
back to 1963. Notwithstanding
legal advice that the approval
was superseded the same year
and the ‘existing use’ rights
abandoned in 2008.”
Mr Cowdrey said the Senior
Counsel’s advice concluded that
the existing use (motel/guest
house, etc plus restaurant and
shops) had been abandoned
(since 2008) and could not be
relied upon by the developer.
So, any work or operation directed
towards such uses was
prohibited under the EPA Act,
he said.
Council’s website further
states: “... we have engaged
acquisition specialists and valuers
to progress the acquisition
process and have no plans to
change course.” – Nigel Wall
20 MAY 2018
The Local Voice Since 1991