Palm Beach General Store and two shops before demolition
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The cleared flat site on June 17 2024, as viewed from Barrenjoey House north-eastern perimeter. Image: AJG/PON
In December 2023 a Class1 Appeal was lodged with the Land & Environment Court by the Developer against the Northern Beaches Council's (NBC) deemed refusal of the DA submitted for 1112 - 1116 Barrenjoey Road, the Palm Beach General store and car parking site.
NBC has not determined the DA at this time for that reason.
Consequently a conciliation conference pursuant to s.34 of the Land & Environment Court Act 1979 will be held on 24 July 2024 commencing at 9:30am at the Property.
The s.34 conference allows objectors/supporters the opportunity to inform the Court orally of their concerns in relation to the proposed development. It is the usual course for the Commissioner to hear from objectors/supporters at the commencement of the conference.
NBC has lodged a Statement of Facts and Contentions (SOFAC) with the Court which details the reasons Council considers the DA unacceptable in its current form as there are multiple significant breaches of the Pittwater2014 LEP, the Pittwater 21 DCP and the Design and Sustainability guidelines.
Following the evidence from objectors/supporters, the parties to the proceedings will then participate in a confidential conciliation conference (off-site) between the parties (the developer, the Council etc) and the Court. The purpose of a conciliation conference is to explore whether an agreement can be reached between the parties. If the matter is not resolved between the parties at the conciliation conference, the matter will be set down for a Court hearing at a later date. At the Court hearing, copies of all residents’ submissions will be given to and considered by the Court.
The Palm Beach Whale Beach Association strongly encourages the Community to attend this Conciliation Conference on site on Wednesday 24 July at 9.30am. The Community needs to indicate to the Court (as it did recently at 231 Whale Beach Rd) that there is major community concern with this development application and that it is NOT in the public interest.
Written objections can still be submitted via the Council website.
The PBWBA made an application to the Land and Environment court as an interested party to get any documents that they had. They L&E Court stated it had the Council Document and one other document but no new plans.
Council's solicitors has a copy of new plans but the developer has not agreed to release these to be viewed by the community.
The PBWBA does not understand why these have not been provided to the court and on what grounds the community is being removed from the process by the proponent; how can residents can make a submission to the court hearing when they have not seen these plans and drawings.
The community is very passionate and involved with every proposed development in the gateway along Barrenjoey road to Palm Beach. Residents are not anti development, but do ask for compliant and thoughtful outcomes that respect the surroundings and beauty this area has to offer locals and tourists alike.
The proposed development when viewed from Pittwater Park clearly breaches the 8.5m maximum height above ground level for this location, the houses already behind and beside the site cannot be seen - Heritage Listed Barrenjoey House beside the site would be dwarfed by 2.5x the height. Source: Master set plans on NBC's website
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BACKGROUND
The site is located in an E1 "local centre" zone. Palm Beach General Store/Fantasea Cruises/Contemporary Hotels offices were located here and it is on the northern side of heritage listed Barrenjoey House, opposite Pittwater Park and Palm Beach Wharf. Many of you will also remember "Swell" cafe and prior to that "Ancora" restaurant traded here too. The pedestrian crossing leads to/from the Wharf and the main southbound bus stop and bus shelter is located here too.
A DA for the site was approved in 2010 by the former Pittwater Council but minimal work was completed and the 3 shops continued to trade until 2022/23. The site was sold to developers in 2021 for $12 million.
After the demolition of the three shops in 2023 a DA was lodged described as "alterations and additions to commercial development - Demolition works and construction of Shop Top Housing".
The 2023 DA seeks approval for a five storey shop top housing development with 7 x 3 bedroom apartments over 4 levels, 2 shops/retail (non-food premises) at ground level and basement parking for 23 vehicles.
All documents, plans and submissions can be found by clicking this link: DA2023/1289.
The original DA approved by the former Pittwater Council in 2010 can be found here: N0102/10.
That approval was for 5 x 3br residential units, ground floor commercial space and kiosk with basement carparking for 22 cars.
REASONS FOR OBJECTION TO THE DEVELOPMENT
Given the prominence of this site, its location next to heritage listed Barrenjoey House, the Wharf and Pittwater Park and multiple issues of non-compliance with the NBC LEP and DCP PBWBA commissioned Planning Progress to prepare an objection on their members' behalf to set out to Council the significant detrimental impact that this DA will have on the character of the area, the natural environment and residential amenity. Click here to read the PBWBA Submission dated October 2023. Ninety one (91) individual submissions have been lodged by the Community objecting to the proposed DA.
The significant breaches and issues include the following -
- height exceeds 8.5m control and presents as five storeys
- unacceptable character, streetscape & amenity impacts
- overdevelopment of the site
- proportion and scale is incongruent with the established context and desired character of the Palm Beach locality
- overbearing as it does not reflect the informal seaside village feel we value
- overwhelms the much loved, heritage listed Barrenjoey House next door
- significant excavation and site disturbance
- the built form is not secondary when viewed from Pittwater Park and Pittwater waterway
- the ground floor commercial tenancies have low ceiling heights which limit future use
- very limited publicly accessible public areas
- inadequate set backs
- inadequate landscaping and deep soil planting
- impact to views and amenity (visual, acoustic & odours) of neighbouring properties
- geotechnical concerns
- shortage of off-street parking
- impact on Aboriginal Heritage site recorded on the property
- proposed bus stop removal without practical/feasible alternative
Given all of the above the Palm Beach Whale Beach Association believe the proposed DA, in its current form, IS NOT IN THE PUBLIC INTEREST and should be refused.
WHAT CAN YOU DO?
The PBWBA strongly encourages the Community to attend this Conciliation Conference on site on Wednesday 24 July at 9.30am. The Community needs to indicate again to the Court (as it did recently at 231 Whale Beach Rd) that there is major community concern with this development application and that it is NOT in the public interest.
Written objections can still be submitted to the Council website.
Click here: Submission DA2023/1289 1112-1116 BARRENJOEY RD PALM BEACH