Pub owner Andrew Lazarus has taken Newcastle council to court over the deemed refusal of his $3.1 million renovation plans for The Beach Hotel in Merewether.
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The council deferred a decision on Mr Lazarus' development application in June, unanimously passing a motion requesting revised plans that addressed neighbours' concerns about noise, privacy and trading hours.
However, Mr Lazarus' company took the matter to the Land and Environment Court and a conciliation conference between KDA Enterprise Pty Ltd and the council was held on Thursday. No resolution was reached.
Mr Lazarus said he was not able to comment due to the ongoing proceedings, as did the council. Multiple Merewether residents who objected to the plans spoke at the conference.
The DA for the refurbishment was lodged in late 2020. It mainly proposed shifting live entertainment from the ground floor to make better use of the upstairs area, including new and existing outdoor deck spaces.
It also sought to confirm trading hours with council, something not listed in the existing development consent.
Prior to Mr Lazarus' purchase of the venue in late 2019, the pub had for decades closed earlier than its licensed hours allowed.
Local residents expressed concerns in submissions and at a public meeting in April that the pub would become a "nightclub-like" venue, but Mr Lazarus defended his plans, saying the "modest and respectful" changes were needed to ensure the pub matched its "iconic" status.
After purchasing the hotel, Mr Lazarus mooted running the pub to its licensed hours.
"There's a potential to trade longer and earlier. The hotel is not currently using it's full trading hours," he said at the time.
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