Newcastle council may approach the state government about compensation for an error which allowed a right of way to slip off a land title in Merewether where public access has been blocked.
During a council meeting on Tuesday, City of Newcastle CEO Jeremy Bath said there was "nothing stopping the state government from writing a cheque", after Merewether resident Jeff Graham raised the issue of the development at 35-37 Llewellyn Street, which had blocked off a right of carriageway formerly used by the public.
"Certainly we can reach out to the NSW government again, and specifically put to them if they would be willing to to consider a financial arrangement, and it would in all likelihood need to be with the strata of the building, to fund a solution that hopefully could be done without actually requiring significant structural change to the property," Mr Bath said.
"We can have those conversations with the NSW government about whether they have any interest in financially compensating everyone for the clear error that occurred under their watch unfortunately many years ago."
The developer of the site had applied to remove the condition which protected the right of way on the land, arguing there were no registered easements on the title. The application was supported by a Certificate of Title (search date 23/11/2021) which showed the easement was unregistered.
The Office of the Registrar General said the site was converted to a new system partly in 1995, and the remainder in 2000, and the easement was not moved over to the new system.
The easement was later placed back on the title after the council made an inquiry about the development which blocked public access to the carriageway.
The council has previously said re-establishing public access through the site would require partial demolition of the building, and said its preferred option for public access was through Merewether Fire Station land next door at 39 Llewellyn Street. However the state government has not agreed to this proposal.
Independent councillor John Church said at the hearing on Tuesday night he did not want to give "false hope" to residents who want access reinstated.
"There's clear indication from the state government," Cr Church said.
"They're not going to give up land next door.
"I think that some suggestion that the state government that is pulling money out of education is somehow going to find some funds for an isolated small project in a Merewether suburb to fix this problem again, I think it's outrageous that you should give them false hope.
"We are the consent of authority of the DAs. It's a non-compliant DA. Clearly something happened during the process. We didn't police it and I think that we shouldn't renege our responsibilities as a council to be part of a solution."
The developer claims the DA has been complied with, as "unimpeded access" is available to the council with a key.
Lord mayor Nuatali Nelmes also raised in the meeting that Merewether Historical Society was looking at taking legal action, which she said "might be one of the only pathways" left as the council called for an investigation into the private certifier who signed off on the development, but he was later disqualified from the industry.
"I am not privy to who knew what but what I do know is we made a decision at council to keep that access and it has been built over and that's not fair," she said.
"I actually feel for the current residents that have bought into the building that are now going to have to potentially deal with this.
"But if there is a way to rectify it that suits all parties then I'm very supportive of what Merewether Historical Society have proposed to do."
Ward 2 Greens councillor Charlotte McCabe said it had been frustrating that council had not been able to enforce action over the development
She said she would support modifications to the existing building to allow pedestrian access.
