A restaurant’s simple request bitterly divided neighbours in a wealthy beachside suburb… now a court has finally settled the matter months later

A restaurant that sparked a war between NIMBY neighbors during opening hours has won a major victory in court and been allowed to trade late into the night.

The Joey in Palm Beach, made famous as the original filming location for Home and Away, angered residents when it was proposed to extend its closing time from 4pm and 10pm on Fridays and Saturdays during daylight saving time, to 11pm daily.

Northern Beaches Council refused the request, but the venue appealed to the Land and Environment Court, which this week approved the 11pm closing time.

Conditions attached to the approval include that the venue must not hold more than two events per week, with a maximum of 140 people.

It comes after the dispute over Joey’s trading hours rocked the exclusive suburb on Sydney’s northern beaches for months.

Seven locals, including millionaire Stephen Jones, argued that noise from customers at the restaurant half a mile away, across the road from a nine-hole golf course, would ruin their peace.

Financial adviser Jones led the protest against the application, saying it was ‘totally unreasonable’ and would cause his family great anxiety.

“I object… due to a significant increase in the duration of loud music and in particular the deep bass beat effects that resound in the venue and can be heard from our home,” Mr Jones said in a submission to the council.

The venue appealed to the Land and Environment Court, which this week approved the 11pm closing time

‘This loud music and deep bass have a significant impact on our experience and well-being. Music and noise from the patron can be heard in my bedroom.

‘It is completely unreasonable that local residents should suffer from noise pollution because this location is in operation seven days a week.’

Mr Jones said a wedding held at The Joey until 10pm on March 9 resulted in him hearing an ‘extremely high level of noise’, including the chatter of customers.

“It caused great concern for my family,” he said.

“I have repeatedly contacted the operator asking me to turn down the music, turn down the bass beat, and change the music style to one without a bass beat.”

But the operator “made no attempt to turn down the music or the bass all night and was in fact quite rude with his response.”

Mr Jones claimed that the wedding guests were still outside the venue long after the wedding had ended, fighting and wrestling.

Although 132 other local residents submitted letters of support, the complaints from Mr Jones and the six other objectors were enough to cause Northern Beaches Council to reject the bid.

Co-owners Ben May and Rob Domjen (left and center) spent $7 million revamping the venue before it reopened this year

Stephen Jones was one of seven people who complained about the extension of Joey’s hours in Palm Beach

Upset supporters blasted the decision, branding the naysayers ‘crazy’ and saying there were few evening meal options in the upscale suburb.

NSW Premier Chris Minns also waded into the debate, saying the council’s decision represented the “opposite direction” of the government’s vision for Sydney’s hospitality industry.

The Joey was previously known as the Boathouse Palm Beach.

Co-owners Ben May and Rob Domjen spent $7 million updating the hotel before it reopened this year.

The court delay could help them recoup the estimated $150,000 they paid in legal and consulting fees.

Mr Jones, meanwhile, raised his sticks and left Palm Beach before the court ruled.

In November, he and his wife Susan reportedly sold their property for $9.5 million.