"TBH" owner Oscar's Hotels had sought development consent to use the decks for entertainment and music, after using them without permission for several months.

Residents told the Wollongong Local Panning Panel on November 30 that the loud noise and increase in patronage was having a heavy impact on their neighbourhood.

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Voy Djurovic said there were not appropriate controls for noise.

"The additional cumulative adverse impact brought by the intensification of the beer garden usage on the amenity of the surrounding residential area is completely unacceptable, given the already problematic operation of the nightclub and the inability of the hotel to comply with noise control requirements at the moment," he said.

"Any operation of that beer garden in my view ... has to be limited in numbers, I think, it has to be security controlled as to loud or drunken behaviour, and it has to be strictly controlled for daylight hours only.

"Both the intensification of the beer garden and the continued use of the nightclub are fundamentally incompatible with the surrounding residential areas, without very strict noise criteria compliance and better operational management."

James Lidis from Design Collaborative spoke to the hearing on behalf of the applicant and said the best they could offer would be to defer commencement of consent, with a trial period for the use of the beer garden.

"It's already been in use, largely as a result of some improvements that have been made," he said.

"There are some [noise] mitigation measures that have been undertaken but there's more that's necessary.

"Deferred commencement would mean we could then provide the resolution to the acoustic issues for that issue and testing could also be undertaken."

The Mercury sought comment from Oscar's Hotels but no response was received.

The panel has now published its recommendation that approval be refused. This would clear the way for the city council's order that the decks be removed.

"The decks were constructed in 2020 without the required development consent," the LPP said. "It is council's view that the hotel's unauthorised installation of the decks and pergola in the outdoor beer garden and provision of live entertainment have increased the beer garden's usability and attractiveness to patrons, leading to noise disturbance at adjoining or nearby residential properties."

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