While City of Newcastle has recently celebrated a surge in DA’s across the city, Merewether locals have been infuriated by plans for a historically significant carriageway to be extinguished to make way for residential accommodation and commercial premises.
A new developerment application (DA) to extinguish the carriageway linking Llewellyn Street and Caldwell Street in Merewether, which has been operational for over 80 years, has already attracted over 70 objections from local residents.
“A number of very long-term residents are extremely upset … approval of this will anger many, many people”, said Merewether local Michael Barwell, who has resided in the suburb for over three decades.
“This Right of Way has been utilised by the Merewether community for access to the pre-school, the park, residences and facilities in Caldwell Street like the Alice Ferguson Community Centre and the Bowling Club for decades”, Barwell said.
“Of course, the reverse is also true, allowing easy access to the commercial area of Merewether village like the Post Office, fruit store and supermarket, cafe and pharmacy, increasing the financial viability of these businesses.”
The resident said the park connected to the carriageway has offered local families a safe location in the area to use, and permanently isolating the asset would also reduce ease of park access for users.
A submission to council opposing the DA also cited the impact on residents with a disability, who have previously relied on the carriageway to access key facilities in the area.
Businesses and residents alike are fearful of the enduring impacts on the Merewether community should the DA proceed further, and get approved.
“Blocking the carriageway will turn the park into an island, remove vehicular access to Merewether Bowling Club’s shed, impact businesses, affect the amenity of many residents and remove the Council’s own access to maintain the park and it’s equipment,” Barwell said.
“This walkway is used by hundreds of people everyday , maybe more. It’s been a major inconvenience not having this available whilst construction has taken place”, another Merewether resident added.
Carriageway holds community significance
Submissions to the City of Newcastle say public access to the Right of Way was granted to the Merewether community “pre-1938”, and was gifted by the RSL when selling the carpark land, adjacent to the carriageway.
As a condition of sale, the RSL said the carriageway must remain available for public use.
Barwell says the Developer knew and agreed to these conditions during the Approval Process.
“Additionally, they would have been clearly aware of the carriageway when they purchased the property from the disposed assets of the RSL”, he said.
In the original DA, the Developer agreed to a clause stating the carriageway was to remain, and when the boundaries were erected at the start of construction, council agreed that it would return to a carriageway at completion of build.
In December however, a late minor modification application was lodged by local company Perception Planning to remove the clause from the DA.
As the application was listed as a ‘minor modification’, neighbouring residents were not advised of the change.
“Not Merewether Bowling Club who has had access to a shed denied during construction, not the KU Preschool, not the neighbouring businesses like the Doctors Surgery, not the Fire Station, no one.”
Barwell said that the only reason he and other residents became aware of the changes was because of online service Planning Alerts, which tracks development applications across suburbs.
The Merewether resident claimed the timing of the modification was intentional, while other submissions deem it to be an “opportunist approach” to “pass under the noses of local residents.”
“I don’t think that the timing of the application to remove this right of way is a coincidence. With the preschool closed for the year hardly any parents would be aware”, Barwell observed.
He implored Lord Mayor of Newcastle Nuatali Nelmes to not let the DA pass, declaring that it was “pure luck” the modification was even noticed in the week before Christmas.
Residents have condemned the Developer, saying “it is an insult to the community and the intention of [the RSL’s ] gift and the council has an obligation to protect this asset.”
One resident’s submission said that “when the wire fence went up at the start of construction no local residents ever contemplated that this would be a permanent situation – Council told residents that this carriageway would return at completion and that is what the residents expect.”
Councillor Carol Duncan revealed she has been contacted by “extremely concerned” residents over the DA.
“I am concerned that a proposed modification has been lodged with Council that would see the right of way extinguished and have asked staff to look at this issue on behalf of residents.”
“My understanding is that Council’s original development included a condition to protect this right of way and I believe it should be adhered to and the requested modification refused.”
Thus far, Barwell said he has made “no progress” with council regarding his submission, however hopes the abundance of community submissions rejecting the modification leads to the issue being discussed at a Council meeting, and subsequently rejected.
NovoNews has reached out to planning agent Perception Planning, who submitted the modification on behalf of the developer, for comment, however they did not responded by time of publishing.
The City of Newcastle refused to provide comment on the matter, as the DA is still under assessment.
Maia O’Connor
Terrific article. Comprehensive, well-researched & well-balanced. Thank you.