The saga of a Palm Beach restaurant whose request to open at nighttime was rejected by the local council due to noise fears has sparked a state government review of regulations following a public outcry that drew in Premier Chris Minns.
The Joey’s owners met Minns and Nighttime Economy Minister John Graham at the government’s Martin Place offices on Monday at the premier’s invitation. Minns had said the council’s decision was troubling and contrary to the direction he wants Sydney to go in.
A separate meeting between the owners and Northern Beaches Council planning staff on Friday resulted in the council agreeing to review the decision. But the restaurant will need to resubmit certain reports including acoustic modelling and a plan of management.
Owner Ben May welcomed the development but will persist with a challenge in the Land and Environment Court because “we don’t know whether we’ll be successful in the review process”.
Graham told the Herald: “It was concerning to hear that a commonsense solution has not been agreed yet and this matter could still head to court.
“The NSW government is considering options as to how the state’s regulatory framework can support venues in situations like this. We will have more to say.”
It follows the government last year moving to simplify NSW noise regulations to shield live music venues from vexatious or unwarranted complaints.
Northern Beaches Council refused The Joey’s application to trade until 11pm as it was “likely to result in unreasonable amenity impacts to nearby residential properties” – although the nearest properties are 600 metres away, past a golf course. Currently, the restaurant must close at 4pm.
The independent assessment report prepared for the council by consultants said there were 132 supportive submissions and only seven opposing, and recommended approving the application.
One of the key issues will now be the extent to which sound from the waterfront venue can travel over Pittwater and down the beach toward residential properties. The concern was raised by some residents during consultation, as were fears the venue would be used for loud functions.
May said the venue would host a maximum of two functions a week. “Any successful venue does a substantial amount of function trade. You need to, to be viable,” he said. “Tell me a restaurant that doesn’t love a $30,000 wedding.”
He said Monday’s meeting with Minns was “all very positive” and the premier was “very generous with his time”, although there was “not much he can do” about the situation.
Liberal MP for Pittwater Rory Amon criticised Minns for meeting The Joey’s owners but refusing to meet him about the government’s deferral of a planned $340 million upgrade of Mona Vale Road. “Get your priorities right,” Amon said. “It’s just a virtue signal.”
Northern Beaches Mayor Sue Heins confirmed a review was under way and hoped it would please the business and residents. There were two sides to every story, she said.
“The northern beaches is known for protecting its environment. The reality is this is a very unique area that’s also an urban night sky area,” Heins said, referring to the council’s bid for Palm Beach to become an accredited stargazing park.
“A positive outcome would be where at least half the people are happy. My dream would be that everyone would be happy.”
Heins said she was stunned by the public interest in the story, and it was “incredible” the owners had secured a meeting with Minns. “There mustn’t have been much [other] news.”
An online petition to extend the restaurant’s trading hours had reached nearly 900 signatures on Monday evening.
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