In principle approval granted

Aug 2021

In October 2020 Northern Beaches Council provided intention to consider granting a licence to the business trading as Waterfront Café & General Store, to use the 38.4 sqm located on the proposed walkway adjacent to 1860 Pittwater Road in Church Point Reserve

The purpose of the licence agreement is to enable the applicant to operate its business to provide seating and other dining facilities to customers of the adjoining restaurant. The licence is subject to the payment of a licence fee and Council approval. The licence does not propose any increase to patron numbers.

A report noting the outcomes of community engagement and recommendations was presented to Council at the meeting held on 23 February 2021.

As per the recommendations at that meeting, Council applied for, and have now received, in principle approval from the Minister for Planning and Public Spaces under clause 70(2)(f) of the Crown Land Management Regulation 2018 to grant the Outdoor Dining Licence for 1860 Pittwater Road, Church Point.

We will now execute the licence under delegated authority, which will be forwarded back to the Minister for final approval.

Whilst actioning the recommendations outlined at the Council meeting we were advised by the Minister for Planning and Public Spaces that additional approval under the Local Government Act 1993 is not required in this case.


Project updates

At its meeting on Tuesday 23 February, Council resolved that:

  1. Council note the objections received in respect of the proposed outdoor dining licence and endorses the position in response to those objections set out in this report.
  2. Council apply to the Minister for Local Government in accordance with section 47 (5) – (9) of the Local Government Act 1993 for consent to grant the proposed outdoor dining licence referred to in item 4 of this recommendation.
  3. Subject to the consent of the Minister for Local Government, Council apply to the Minister for Planning and Public Spaces under clause 70(2)(f) of the Crown Land Management Regulation 2018 to grant the proposed outdoor dining licence referred to in item 4 of this recommendation.
  4. Subject to consent from both the Minister for Local Government and the Minister for Planning and Public Spaces, Council grant the proposed outdoor dining licence to the business trading as Waterfront Café & General Store for the use of 38.4sqm of space on the newly constructed boardwalk at 1860 Pittwater Road, Church Point for an amount in accordance with Council’s adopted Fees and Charges and for a term of approximately eighteen (18) years, terminating 31 October 2039 in line with the adjacent café lease held by the applicant from Crown Lands.
  5. Council delegate authority to the Chief Executive Officer to do all things and execute all necessary documentation in order to give effect to the above.

View the Council minutes, Item 13.4, pg. 11

Community consultation was carried out over to stages for this proposed licence.

The feedback resulted in a combined total of 163 submissions.

Themes identified included:

  • parking
  • commercial interests
  • environmental effects
  • public access and length of term.

The full list of submissions and summary responses can be found in the Community and Stakeholder Engagement Report

In May 2020, community members were notified and submissions were invited on a proposed 12-month Outdoor Dining Licence to the business trading as the 'Waterfront Café & General Store'.

This licence is now being re-notified as Council has been asked to consider a longer-term and larger area licence.

The proposed length of this licence is approximately 18 years, terminating on 31 October 2039.

Submissions received on the initial 12-months proposal will be taken into consideration as part of this current engagement.

The submission period closed on Friday 27 November 2020.

If you have an enquiry, please contact the Property team on 1300 434 434.


Licence notification

In accordance with the Crown Land Management Act 2016, section 70 (2)(f) Crown Land Management Regulation 2018 70(2)(f) and Section 47A of the Local Government Act 1993, Northern Beaches Council hereby gives notice of its intention to consider granting a licence to the business trading as Waterfront Café & General Store, to use the 38.4 sqm located on the proposed walkway adjacent to 1860 Pittwater Road in Church Point Reserve.

The purpose of the licence agreement is to enable the applicant to operate its business to provide seating and other dining facilities to customers of the adjoining restaurant. The licence is subject to the payment of a licence fee and Council approval. The licence does not propose any increase to patron numbers.

​Aerial image depicting proposed outdoor dining licence area at Church Point Wharf

Aerial image depicting proposed outdoor dining licence area.

IMPORTANT NOTE: The licence agreement will only apply when existing restrictions on outdoor dining areas due to COVID-19 have been lifted.

Stage one notification history 12-month licence

The proposal for an outdoor dining licence at 1860 Pittwater Road was exhibited earlier this year between 10 April and 2 June. The Licence application was closed without a determination being made.

During the Apr-Jun engagement period we received 105 submissions.

Themes arising from the feedback received included:

  • Parking
  • Overall support for the proposal (12-month lease)
  • Commercial interest
  • Environmental impacts
  • Pedestrian access and safety.

All submissions received will be considered and included together with additional submissions on the long term licence proposal, exhibited during October and November 2020.

Engagement outcomes and the recommendation for the Outdoor Dining Licence will be reported to Council at the Tuesday 15 December meeting.

We extended the exhibition period for the proposed outdoor dining licence at 1860 Pittwater Road, adjoining McCarrs Creek Road Church Point.

Submissions closed Tuesday 2 June.

In accordance with the Crown Land Management Act 2016 and Section 47A of the Local Government Act 1993, Northern Beaches Council advises its intent consider granting a 12 month licence to the business trading as Waterfront Café and General Store.

The proposal is to use the 28 sqm located on the proposed walkway adjacent to 1860 Pittwater Road in Church Point Reserve (previously notified as 1860 McCarrs Creek Road).

The purpose of the licence agreement is to enable the applicant, Waterfront Café and General Store, to operate its business to provide seating and other dining facilities to customers of the adjoining restaurant.

View the proposal

The licence is subject to the payment of a licence fee and Council approval. For enquires contact Council’s Property Officer on 9976 1662.