An agreement with the owners will allow the venue to host 150 people during weekday lunchtimes throughout the year, but only 80 people on weekends.
From October to March, dinner will be limited to a maximum of 130 people on weekday nights and 100 people on weekends. The maximum nightly capacity from April to September is 150 people on weekdays and 140 people on weekends.
whale beach.Credit: Rhett Wyman
Northern Beaches Council did not object to the amendments as the reduced numbers were in line with its own expert advice. The council declined to disclose how much it spent on the case (in 2022-2023 the council spent a total of $1,136,327 on all legal proceedings and recovered $181,441, with a net expenditure of $9.5 (The total amount was $4,886).
The court accepted evidence that the reduction in foot traffic outlined above meant that Whale Beach car parking would not be unduly affected.
Cllr Timothy Houghton said: “This does not dismiss or diminish the real concerns of residents that parking is a source of stress and concern for those living in the area.”
During its visit to Whale Beach, the court “saw its own example” [of] Illegally parked vehicles, drivers not obeying stop signs, etc. ”
“As is common in Sydney’s seaside areas, it is clear that there is a high demand for seafront parking,” Houghton found. “The result is no doubt that aggression and conflict will continue, as residents attest.”
The lawsuit sparked new opposition to the restaurant’s expansion. Among them was long-time Whale Beach resident Leonor Gouldthorpe, who said the increased noise and disruption could make life “unbearable”.
Horton considered these and other concerns, noting that “broken glass in public places is also a feature that residents are clearly tired of.”
In a revised management plan, the owners agreed to limit large group (100 or more people) reservations to no more than 12 times a year and to not play loud music on the premises.
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A 1.8 meter high “lap and cap fence” will also be installed along the southern boundary of the property, along with several other soundproofing measures.
The Palm Beach and Whale Beach Association submitted evidence requesting that resident capacity be maintained at 70 patrons. “We thought the scale should be commensurate with the needs of local residents,” said company president Richard West.
He said the court-approved compromise was “very complex and will be difficult to enforce.” Meanwhile, he said The Joey in Palm Beach should be allowed to operate as a restaurant at night, but he remains concerned about noise from events.
