NIMBY neighbors in wealthy beach neighborhood home to CEOs and TV stars strike after complaint results in closure of beloved cafe
An anti-development campaign by neighbours in one of Australia’s wealthiest suburbs has had dramatic consequences, with a beloved beachside cafe set to close after 30 years instead.
Moby Dicks in Whale Beach, Australia’s eighth most expensive postcode, will close its doors for good in December after a development dispute ended in the New South Wales Land and Environment Tribunal.
Tiny Whale Beach, 40km north of Sydney’s CBD, hugs Dolphin Bay, meaning almost every resident has a view of the water. It’s home to Tesla chairman Robyn Denholm, former TV star Mike Munro and ex-Qantas boss Alan Joyce.
It’s also where Jennifer Hawkins and Jake Wall are building their $30 million Westfield-style mega-mansion, much to the ire of some neighbors.
Moby Dicks, perched atop Whale Beach Surf Club, has been an iconic Sydney wedding and events hotspot for almost thirty years, thanks to its stunning ocean views.
In 2014, the building was acquired by the Boathouse Group. The events arm allowed the venue to remain open when it could no longer operate as a restaurant alone.
But after a complaint was received that Moby Dicks was hosting events on the site without permission (the Local Environment Plan (LEP) for Whale Beach does not allow events), the Boathouse Group will close the cafe.
“It’s a terrible loss for the community,” Jon Pratten, board member of the Whale Beach Surf Life Saving Club, told the Sydney Morning Herald, while Antony Jones, managing director of Boathouse Group, described it as “a tragedy and a disgrace to the community”.
Moby Dicks, located on top of Whale Beach Surf Club on Sydney’s Northern Beaches, is closing its doors in December
Moby Dicks, with its stunning ocean views (above), has been a beloved Whale Beach venue for decades, but a council complaint is forcing it to close permanently
Whale Beach is also where Jennifer Hawkins and Jake Wall are building their $30 million mansion, much to the ire of some neighbors.
The complaint was lodged with Northern Beaches City Council and followed an intensive campaign by local residents, who formed the Friends of Whale Beach group, to object to the construction of an adjacent mega-restaurant.
The Cassar tourist family’s proposal was to demolish a local cafe-delicatessen and other shops and build a 170-seat restaurant and five apartments practically next door to Moby Dicks on Whale Beach Road.
It sparked outrage among wealthy residents at the disruption to their sleepy enclave, and the case ended up in the Land & Environment Court. Locals flooded the Northern Beaches Council with concerns about noise, parking, traffic and even claims of danger to life.
Written objections poured in from Michael Shehadie, son of former New South Wales Governor Dame Marie Bashir, Magellan chief investment officer Gerald Stack, former Goldman Sachs managing director Charles Gorman and investment banker Mike Crivelli.
Travelogic founder Craig Smith, Macquarie director Phil Coffey and Margot Coleman, the widow of the late comedian Jonathan Coleman, also gave their views.
Lea Cleary, the wife of former TV presenter and journalist Mike Munro, cited incidents of “road rage” along the Whale Beach Road stretch, fuelled by alcohol consumption, which was allowed until 10pm.
The TESLA chairman is new to the ‘who’s who of corporate Australia’ residents of Whale Beach on the Northern Beaches, while Margot Coleman, the widow of TV comedian Johnathan Coleman, was one of many who objected to the restaurant’s expansion
Harold Scruby, CEO of the Pedestrian Council of Australia and owner of a site at Whale Beach since 1978, condemned the “misleading” parking study in the development application for the proposed extension.
He said that during the summer months, “a traffic jam developed with drivers, often frustrated and overheated, being forced to back up to 200 metres out of the parking lot, while dozens of pedestrians with children had to dodge these vehicles”.
Mr Scruby predicted that since there is no public transport at Whale Beach, a larger site with the inevitable increase in cars would lead to ‘serious injury or death that could easily happen’.
“No one objected to the original proposal for 70 seats, which was approved by the council,” he said.
When the Cassar group went to the Land & Environment Court with a request to expand the venue by 170 seats, locals went berserk.
Ultimately, it was decided that the restaurant could accommodate 80 people until 6 p.m. and up to 150 people in the evening, when the day trippers had gone home.
However, during the dispute, Northern Beaches Council received a complaint stating that Moby Dicks’ gatherings were not in accordance with LEP rules.
The restaurant, which joined the Boathouse Group in 2014, was a popular venue for weddings and events due to its stunning ocean views
Model Jennifer Hawkins and her husband Jake Walls’ controversial Whale Beach mega-mansion (above) sits on the south side, on a huge cliff-top plot of land
The group wrote on its website: ‘After over 10 years of hosting countless very special weddings, parties, anniversaries, community events and more, we will be closing our doors for good at the end of December 2024.
“We are so grateful for over a decade of memories filled with love and celebration. We would like to thank all the happy couples, customers and the local community who have welcomed us to the venue over the years.”
The closure is also a major blow to the volunteer-run Whale Beach surf club, which relies on financial support from Moby Dicks for beach patrols.
When Boathouse Group leaves Moby’s as operator this summer, the surf club will lose two-thirds of its revenue, or $200,000, a report says.
Boathouse Group, which owns a number of venues around the Northern Beaches including Barrenjoey House in Palm Beach and The Boathouse at Shelly Beach, Manly, has been contacted for further comment.
The closure of Moby Dicks is yet another blow to nightlife on Sydney’s Northern Beaches peninsula.
It follows setbacks at The Joey, a restaurant in the old Barrenjoey boathouse in nearby Palm Beach.
The owners of the venue had bid for extended opening hours until 11pm each night. It is currently open daily from 7am to 4pm, and on Fridays and Saturdays until 10pm during daylight savings time.
More than 130 residents supported the plan, but Northern Beaches City Council rejected the plan after some disgruntled neighbours complained about noise pollution.
And this while the location is only 800 meters from the nearest neighbors, and a golf course separates the location from the neighbors.
New South Wales Premier Chris Minns even criticised the curfew as “the opposite of the direction” he would like to see the state go.
Only seven residents were opposed, including two who live on Waratah Road, about an 11-minute walk from The Joey. Four of them had not given their address.
This comes after The Joey in Palm Beach was refused an extension of opening hours after neighbours complained, despite the nearest resident living half a mile away
Financial adviser Stephen Jones led the opposition to the application, calling it “completely unreasonable” and causing his family unbearable anguish.
He said the nine-hole golf course between his home and the venue was not enough to dampen the music when the venue was open late.
“I object … due to the significantly extended duration of loud music and in particular the deep bass tones that reverberate from the hall and can be heard from our home,” Jones said in a response to the council.
‘This loud music and deep bass tones have a great influence on our comfort and well-being.
‘Music and noise from guests can be heard in my bedroom.
‘It is completely unreasonable that local residents should suffer noise pollution from this location that is open seven days a week.’
However, following The Joey case, Mr Minns introduced the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024, which was passed by the New South Wales Cabinet in May.
The bill forces municipalities and licensing authorities to take into account a series of ‘liveliness guidelines’ when assessing certain applications for extension of opening hours.
