The inside story of how a serial complainant came to rule Palm Beach

On a Sunday afternoon in mid-February, Palm Beach locals gathered for sunset drinks at the old Barrenjoey boat shed overlooking Pittwater. They had been invited by owners Ben May and Rob Domjen to celebrate the imminent opening of their new restaurant, The Joey.

Not present for aperitivo hour that evening was Palm Beach resident Stephen Jones. He was at home, 600 metres away, listening. According to Jones, the sound of people mingling and music playing could be heard in his front garden, while the bass was audible inside his house.

“This is not a good way to start,” he wrote in a submission to Northern Beaches Council and attached a copy of the flyer advertising the event.

Jones and his neighbour, Richard Kovacs, were among seven people who objected to The Joey’s proposal to extend its hours of operation from 4pm to 11pm, nightly.

By contrast, 132 people made submissions supporting the restaurant, many more than one would expect for a change-of-hours application. But a panel of three council planning staff refused the restaurant’s request, declaring it was “likely to result in unreasonable amenity impacts to nearby residential properties”.

Except those properties are not – by most definitions – nearby. The closest is more than half a kilometre away, separated by a nine-hole golf course.

A copy of the flyer advertising a “sunset drinks” event at The Joey in Palm Beach, ahead of its official opening.

The decision has become a lightning rod in this wealthy, rarefied enclave of Sydney’s northern beaches. Local Facebook groups are filled with people exasperated by the council bowing to the demands of a few objectors. They are writing letters. There is talk of a petition. The beaches are alight with chatter.

The episode has also reignited debate over the power of so-called “not in my backyard” residents, especially as the NSW government implements a new regime for managing noise complaints that shifts the dial in favour of live music venues.

Arts, Music and Nighttime Economy Minister John Graham was unimpressed by the events in Palm Beach. “When the nearest house is more than half a kilometre away, and separated by a golf course, it begs the question: what is the definition of ‘a neighbour’?” he said. “On this basis, we should also ask the opinion of the Barrenjoey lighthouse keeper, which is only marginally further away.”

In a seven-page submission regarding The Joey, Jones referred to his involvement in previous noise and disturbance complaints about Palm Beach Golf Club, CASA by The Boathouse, and now-defunct restaurant Cranky Fins.

Rob Domjen, a co-owner of The Joey in Palm Beach. The restaurant is due to meet council staff on Friday to review the decision.Credit: Janie Barrett

The latter closed in 2015. At the time, owner Andy Ruwold told the Herald: “The option to renew our lease came up but due to a neighbour complaining to the authorities about us, we decided not to proceed. Running a restaurant is supposed to be fun, but it became unenjoyable.”

Kovacs, a former gold trader and founder of private investment firm Ottomin Group, also made a submission against The Joey’s extended trading hours, arguing the venue’s waterfront location “amplifies the sound down the estuary beach very clearly”.

Consequently, he wrote, “the repetitive, loud and unrelenting sound bounces off the water and adversely impacts the resident’s amenity, far further than the applicant would admit”.

Other prominent Palm Beach identities wrote to support The Joey’s proposal. Businessman and philanthropist Roger Massy-Greene, who is married to University of Sydney chancellor Belinda Hutchinson, said the restaurant was “an important and popular community facility” and noted it was “distant from any neighbours, so noise will not be an issue”.

Property developer Bill Anderson and his wife Susie said Palm Beach was “in desperate need of evening dining spots” and praised The Joey’s operators as highly experienced and professional. Domjen and May splashed $7 million on the rebuild and have employed French chef Guillaume Dubois in the kitchen.

The Joey in Palm Beach is surrounded by parkland and a golf course. But some residents say the noise still travels.Credit: Janie Barrett

The Andersons also wrote: “I understand the main objector to this application is well known to council and within the community as a person who will resist the smallest of changes in a bid to keep Palm Beach the same as it ‘has been’. In this case, he is objecting to something that hasn’t actually happened yet.”

By email, Jones said he was “certainly not” a serial complainer. “I am just speaking out for what is right and fair.” Jones said he had no issue with the restaurant playing low-key background music. Rather, the problem was functions that ran late into the night, as had occurred with the previous operator, with “offensively loud music radiating from the venue to our properties”.

“It is called noise pollution and it can have serious adverse effects on a person’s mental health,” Jones said.

Kovacs did not respond to calls or texts. The financier bought his beachside pad for $7 million in 2016 and is well known in the area for his campaign against dogs on the sand. At one point, he installed a concealed camera on his property, pointed at the beach, to monitor dog-walking.

In 2020, under the banner of the Palm Beach Protection Group, Kovacs successfully took action in the Land and Environment Court to overturn the council’s bid to allow dogs on Station Beach, on-leash or off. Station Beach runs between The Joey and the lighthouse.

The Joey’s owners, May and Domjen, have also turned to the court for redress, though it may not come to that. Northern Beaches Mayor Sue Heins declined to comment but the council indicated there was a path for the decision to be changed.

“Northern Beaches Council intends to meet with the applicant and their client who are seeking to extend the approved trading hours,” a spokesperson said.

“Council will discuss review options rather than costly arbitration with the Land and Environment Court. Council is confident this matter can be resolved with a positive outcome for the venue and the community.”

Graham urged the council to review the decision to “make sure it passes the common-sense test”. May said it was “embarrassing” to kick patrons out at 4pm, as he had to over the Easter weekend, and the issue had hit a nerve with locals.

“I think people just have the shits with all that sort of stuff. I’ve never seen anything like it,” May said. “If we were a banging nightclub and really ruining people’s lives, I would understand. We’re just not. We just want to trade in the evenings like any other restaurant.”

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.