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Nicholas Cowdery AM QC said the decision by Church Point Community Projects Inc (CPCP) follows “official inaction, lack of transparency, continuing legal uncertainty over the Pasadena site, and the development and use of the adjacent Crown land foreshore”.

As one of CPCP’s spokespeople, Mr Cowdery said the new Church Point community association has been left with no option but to take the Pasadena developer to court to protect the public interest.

“It has done so in response to continuing community concern about the apparent failure of Northern Beaches Council (NBC) to enforce compliance with the law relating to the site and its use. It has done so to better enable NBC to acquire the site in accordance with its resolution of 7 August 2017, and to return it to the community of Pittwater to be used in a publicly-approved way for the benefit of all,” he said.

CPCP spokesperson Rob Jeffress said the appropriation of the adjacent Crown land had not followed due process. Mr Jeffress said there are significant questions regarding how the new lease was awarded and the absence of any development application (DA) approvals for the extensive development and new uses of the Crown foreshore land.

“The Church Point foreshore and Crown land was not part of the $2.4m purchase in 2012, nor is it part of the Private Certifier’s approval of construction work. Yet the last of Church Point’s public green space was fenced off for years without lease payments or compliance controls.

“It is now being developed as a venue for over 100 patrons without any public consultation or environmental studies of the impact it will have on the Church Point environment,” he said.

Mr Jeffress said the Pasadena site should be returned to the public so the quality and character of the foreshore of Church Point is protected and a whole-of-precinct Masterplan can be developed with public input.

“While CPCP regrets having to step in to ensure that the law relating to these matters is enforced, there is no alternative other than to take the matter to the Land and Environment Court for the independent umpire’s decision.

“An independent legal decision will ensure a resolution to the many concerns dividing the community. It will also provide certainty for all stakeholders when it comes to planning laws not only at Church Point, but in other areas in NSW,” Mr Jeffress said.