Palm Beach residents call in lawyers over The Joey’s opening hours stoush

Palm Beach residents fighting the night-time opening of a waterfront restaurant have retained legal counsel as they prepare for a fresh battle over whether the venue should be permitted to trade until 11pm.

Northern Beaches Council is reviewing its decision to refuse The Joey’s application after significant media interest in the case and an intervention from Premier Chris Minns,who met the restaurant’s owners on Monday.

The two restaurateurs,Ben May and Rob Domjen,are co-operating with the council’s process but willpress ahead with a Land and Environment Court challenge in case that fails.

Meanwhile,residents who objected to The Joey opening at night-time have retained the services of Gary Green of CBD-based Pikes&Verekers Lawyers. Green is described on the firm’s website as a “special counsel” and a pre-eminent expert in planning and environmental law. He confirmed he was acting for “a number of concerned residents” but did not wish to disclose their names.

Green said he was first called in three days before the restaurant’s application was heard by the council’s development determination panel in mid-March. He is now advising residents on next steps after Minns became involved and the matter was slated for a review.

“We were concerned about them going to the premier,” he said. “I’m certainly instructed to keep a very close eye on what happens from here on. We’ll be watching the council’s decision-making process very closely.”

The case is unusual as the objecting residents do not live next door to the restaurant but at least 600 metres away. The Joey is separated from its nearest neighbours by a nine-hole golf course;however,the residents say noise travels across the water and down the beach toward their homes.

Green said his clients’ key concerns related to the restaurant being effectively used as a function centre,the intensification of its use and “the failure of the acoustic reports to analyse the actual implications of the amplified music at night”.

They would be satisfied if there were controls placed on the venue’s noise emissions and limits on how many functions it can hold,he said. The owners previously said functions were a key part of restaurant revenue but would not be held more than twice a week.

Green contacted theHerald after comment was sought from Palm Beach resident Stephen Jones about Minns’ involvement in the saga. Jones was among a handful of residents who made formal submissions against The Joey extending its hours.

In his submission,he referencedhis involvement in noise complaints about several other nearby venues including Palm Beach Golf Club,Casa by the Boathouse (which recently shut its summer pop-up) and Cranky Fins,which closed in 2015.

The state government is nowreviewing the regulatory framework around planning and noise to support venues such as The Joey. Music and Nighttime Economy Minister John Graham said he would have more to say about details shortly.

“It was concerning to hear that a commonsense solution has not been agreed yet and this matter could still head to court,” Graham said after Monday’s meeting with the owners and the premier.

Northern Beaches Council was contacted for comment. Mayor Sue Heins earlier said there were “many different sides to this issue” and she trusted the process would deliver a fair outcome.

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