Pittwater Life May 2024 Issue

News
Whaley stoush site gets nod
Whale Beach is finally getting a
new hospitality and residential
precinct after a ‘ridiculously
expensive’ 18-month legal battle won
by local developers, the Cassar family,
who say the process was flawed from the
start and could have been avoided.
Anthony Cassar and his dad, travel
entrepreneur Les Cassar, said they had
appealed a ruling “which in our view,
was made in error by Northern Beaches
Council” that any café or restaurant facing
Surf Road could only have a maximum
indoor capacity of 44 seats.
“This condition made any cafe or restaurant
on the site unviable, especially
given the huge investment required,”
they said.
They wanted seating for 170 patrons
– 140 indoors and 30 outdoors – so
appealed to the Land and Environment
Court, ultimately compromising on a
maximum of 150 for weekday lunch and
80 on the weekends. Dinner numbers
will vary from 150 to 100 depending on
the day and season.
The five-level project, known as 231
Whale Beach Road, includes five apartments,
two retail spaces on Whale Beach
Road, the restaurant on Surf Road, and
underground parking for 14 vehicles. The
existing building is scheduled for demolition
in May.
“Whilst we are happy with the outcome,
the process was ridiculously
expensive and took almost 18 months to
resolve,” the Cassars said.
“It could have been negotiated at the
beginning of the appeal process rather
than at the end and avoided these unnecessary
costs, delays and angst for
everyone involved.”
But the Cassars, who have lived on
site for 25 years, believe Council and
its Planning Panel, which set the much
lower numbers, were swayed by a vocal
minority.
“Unfortunately, our intentions have
been completely misunderstood by some
locals, and our application was subjected
to a targeted scare campaign amplified
on social media,” they said.
“It appears that the Council application
process, particularly the Panel, placed
too much weight on objectors’ subjective
views and not enough on objective,
experts’ reports.
“Even the Council’s own planning
department originally recommended
approval of the modification application,
only to be knocked back by the Panel.”
It’s a familiar scenario for Northen
Beaches Council, which has another two
matters – shop top apartment developments
either side of Barrenjoey House
on the Pittwater side of Palm Beach –
either in or heading to the Land
GREEN LIGHT:
Artist’s impression
of the new 231
Whale Beach Road
development
and the current
dilapidated dwelling
(above).
and Environment Court.
A proposed four-storey redevelopment
of the former general store site at 1112-
1116 Barrenjoey Road is going to the Land
and Environment Court after developer
IPM, which bought the site for $12 million
in 2021, decided it had no chance of getting
plans past the Planning Panel.
At 1102 Barrenjoey Road on the south
side of Barrenjoey House, AirTrunk
founder Robin Khuda is fighting for his
right to develop a three-storey, six-apartment
building. This stoush has been
dragging on for two years and is now
with the Land and Environment Court.
Fresh plans were submitted but have
not yet gone on public display.
There’s been strong local opposition
to both Palm Beach developments, which
seek to amend existing Development
Approvals from Pittwater Council that
predate the formation of North Beaches
Council in 2016.
The conservative Palm Beach and
Whale Beach Association (PBWBA) opposed
each proposal because of size and
suitability. It was also against increasing
seat numbers at 231 Whale Beach
Road.
But PBWBA President Richard West,
who has led the charge against commercial
development in the area, warned
that saying no to everything – such
as the ‘ridiculous decision’ to restrict
opening hours at The Joey, now a cause
celebre, was not the way forward.
“If we’re not careful, we’re not going to
have anything down here soon. We think
it’s important that there are restaurants
opening for the locals to go and for visitors
to come and enjoy the great area.
It should be done with a minimum of
fuss,” he said.
Meanwhile, further down Barrenjoey
Road, the shopping centre on the corner
of Careel Head Road and a house behind,
are under option to purchase by a private
company.
Agent Peter Robinson from LJ Hooker
did not foresee any medium-term
changes to the precinct, home to several
popular stores including Cranzgot’s
Pizza Café, Oliver’s Pies and the Chick’n
Shack.
– Martin Kelly
6 MAY 2024
The Local Voice Since 1991