UPDATE: The conflict over a historic right-of-carriageway in Merewether has escalated into urgent legal action, as both a community group and the owners’ corporation of the Acoya apartments have filed court proceedings. This battle, which has been ongoing for several years, threatens public access to a vital pedestrian route between Llewellyn and Caldwell streets.
The right-of-carriageway, previously used by locals to access essential amenities like parks and health centers, has been obstructed by a wall and fire door included in the Acoya development at 33-37 Llewellyn Street. Residents argue this closure has significantly impacted their daily lives and community connectivity.
In a decisive move, the Merewether Historical Society has stepped up, lodging proceedings against the Acoya owners’ corporation in the NSW Supreme Court. They seek orders to remove the obstruction and prevent any further hindrance to the right-of-carriageway, emphasizing its historical significance to the community.
Meanwhile, the Acoya owners’ corporation is also pursuing its own legal recourse. They applied to the City of Newcastle in 2024 to amend the conditions of consent that would allow the right-of-carriageway to be extinguished, while proposing an easement for the council. However, the council denied the request, deeming it “contrary to the public interest” due to the existing right-of-carriageway’s importance.
The owners’ corporation has now appealed this decision in the NSW Land and Environment Court, with a conciliation conference scheduled for August 21, 2024. This conference could determine the future of public access in the area.
Complicating matters, the developer previously attempted to remove protections for the right-of-carriageway, arguing there were no registered easements on the title. This claim was backed by a Certificate of Title from November 23, 2021, showing the easement was unregistered. However, following inquiries from the council, the easement was reinstated on the title, highlighting the ongoing confusion and contention surrounding the development.
As this legal battle unfolds, the community remains on edge, with many residents expressing their frustration over the loss of access. The Merewether Historical Society’s actions reflect a broader concern for preserving local history and community rights.
The outcome of these court proceedings could have significant implications for community access and development regulations in Merewether. Residents and local advocates will be watching closely as the situation develops, eager for a resolution that restores their right to navigate their neighborhood freely.
Stay tuned for updates on this urgent matter.
