Harbord Hotel: Pub wins court battle over $2.8m bar and balcony revamp
A popular northern beaches’ pub took legal action to fight conditions imposed on a $2.8m refurbishment opposed by more than 100 locals. See what happened in court.
Manly
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One of the most popular pubs on the northern beaches has won a court battle to allow it to press ahead with a $2.8 million revamp.
Owners of the Harbord Hotel at Freshwater wanted to convert its first floor into another bar and lounge, with an open balcony.
It would allow patrons of the “Harbord Hilton”, as it’s known by locals, to eat and drink on the balcony for the first time.
But its owners had to go to the Land and Environment Court to appeal against a number of conditions added to a development application by local planning authorities.
When the DA was first lodged with Northern Beaches Council in 2021, more than 100 official objections were fired in.
Complaints ranged from concerns about increased noise from patrons and music through to a feared spike in anti-social behaviour by pub-goers after closing time.
The plans were referred to the independent Northern Beaches Local Planning in December 2021, due to the high number of public objections to the DA.
The panel granted consent in April 2022, but placed a number of conditions including limiting the number of patrons to 650.
It also stated that “noise caused by the operation of amplified music must not be audible beyond the boundary of any residence between the hours of 10pm and 8am on any day”.
The pub’s owners appealed against the conditions.
Last week Senior Commissioner Susan Dixon ruled that the appeal was upheld and development consent was granted.
“There is no expert evidence before the Court to support a refusal of this DA,” she wrote in her judgment on June 2.
But as part of the consent, there will be a maximum of 750 patrons with an increase to 800 on 12 occasions each calendar year.
The pub must also meet standard Office of Liquor, Gaming and Racing noise conditions including “noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of midnight and 7am”.
The new plans were lodged just a year after the pub underwent a $3m renovation to its ground floor bars and restaurant.
Glenn Piper, co-owner of the pub, said last year the upgraded first floor — which used to be private accommodation for the previous pub owners — would host comedy nights, trivia, local bands, podcasters and speakers.
It would have another kitchen, bar and lounge area with access to the balcony facing Moore Rd.
Mr Piper said a lot of effort has gone into reducing noise levels, including the double glazed glass, up to 2m high, around the balcony.
“We want the venue to remain a community haven where people can have a beautiful experience,” he said.
The revamped Harbord Hotel at Freshwater reopened in January 2021. Now its owners want to do more work upstairs. Picture: Supplied
Talofa Pouli, in a submission to planners on behalf of 48 owners and residents of a nearby apartment block, wrote that the changes would ruin the neighbourhood.
“Higher noise levels will emit from the hotel due to a doubling of the commercial floor space.
“Patrons attracted to entertainment venues tend to be young, loud and only leave a venue when it closes.
“Residents are already tolerating loud talking, bad language, taxis blowing horns, car doors slamming, rubbish and broken bottles in the street.”
Alan Landon, of Charles St, said the site was being “transformed from a friendly local pub to a huge commercial project which is totally inappropriate for its position in the centre of all residential homes”.
Michael and Diane Mead, of Undercliff Rd, wrote, “this portion of Freshwater risks becoming a noisy day/night venue that pipes music into the surrounding locality that no longer attracts families but rather caters for a younger, louder, party-people demographic”.