A developer has lodged a fresh court appeal to build a seven-storey car park in Newcastle West after councillors deferred their decision on it due to potential impacts on a future light rail corridor.
The developer wants to construct a 143-place car park and retail premises at 4 Tighe Street behind the future Dairy Farmers Towers.
The site does interfere with proposed light rail extension routes outlined in numerous Transport for NSW documents over the years. But Transport raised no objections to the plans.
After the car park development application was lodged in December 2021, the applicant filed an appeal in the Land and Environment Court in April 2022 against the proposal's deemed refusal.
The appeal was later withdrawn, and the application was refused on October 31, 2022. Reasons cited include flood risk, vehicle access, traffic impacts and impact to nearby heavy rail.
A further reason was "the proposed development will have an unreasonable impact on potential route of the westward extension of the Newcastle Light Rail network".
The developer applied for a review on February 21, 2023 and provided further information to address the issues raised. Council staff recommended the new plans for approval.
The matter was considered at the April 26 Newcastle council meeting, where councillors laid it on the table after asking for more information from Transport about the impact it could have on a light rail extension.
An earlier response from Transport on January 24, 2022 said some of the potential alignments being considered for an extension may interact with the site. However, it ultimately raised no objections.
The developer had six months from the refusal date to lodge an appeal in the Land and Environment Court, which he confirmed was done on Friday.
The developer, who asked not to be named, said he had "worked hard with council staff to get the final form of the DA into a shape that was acceptable to everyone".
"I fully support the light rail, but when you buy a block of land, if it has any encumbrances or legal issues, obviously it's on the record," he said.
"And there aren't any. Transport for NSW has no plans out.
"We're fully within our rights to lodge a DA and have it approved."
Greens councillor Charlotte McCabe said there were "some really serious issues in regard with light rail" and the notes from Transport "weren't particularly clear".
"They've determined that this site is not in the path of the proposed light rail route at this time, which really doesn't give councillors very much confidence whatsoever," she said.
Lord mayor Nuatali Nelmes said the council had long advocated for a light rail extension and believed the state government should have acted "to immediately protect these corridors".
"The fact we are having this discussion shows the abject failure of that corridor protection," she said.
"It's exceptionally disappointing that this now falls again... for local government to mop up the mess.
"It's just not fair on us, it's not fair of the proponents."
Newcastle MP Tim Crakanthorp, who was vocal in calling for the previous government to preserve a light rail corridor in Newcastle West, was unavailable for comment when contacted by the Herald on May 2.
The developer said he understood the council's position, "but if you apply this same concept across all the potential light rail corridors from the interchange to John Hunter Hospital, you'd lock up half of Newcastle".
"If they [Transport] had a plan out, we'd be bound to that plan but they don't," he said.
"We can't hold on forever. We're paying rates, we're paying land tax and all the other expenses.
"Let's say we waited two or three years and they run it through a different corridor."
The developer said the build was still a few years off, but there was a need for car parking in the area.
"We won't build it until the Dairy Farmers build is complete," the developer said.
"All the residents are crying out for more car parks.
"The Store car park will be consumed by The Store apartments.
"I think it's a good use of the site. It's right on the rail line so no one is going to want to live there, there is better office space around."
Councillor Jenny Barrie, who voted against deferring the matter, agreed.
"I think with the lack of parking in the city, I endorse this to be supported," Cr Barrie said. "With all the developments and the unit blocks and people moving into town, it is so important."
"We need to have parking in the city, and Newcastle West is virtually the new CBD."
But the situation raises questions over Transport's intentions for a light rail extension.
City of Newcastle CEO Jeremy Bath said under previous Liberal leadership, Transport "indicated that should the site be required for extension of the light rail in the future, that it would take a view to simply buy the site".
"We've expressed the view that it might not demonstrate prudent use of taxpayer's money," he said.
Mr Bath said if the light rail were to go ahead through the site, "it wouldn't preclude the site from being used as a car park".
"It would require a design modification - the catch is of course that design modification needs to happen now in order to both serve as a public car park as well as an exit point for the extension of the light rail."
Transport for NSW said it had been investigating "strategic alignment options" as part of a previous government commitment following a Strategic Business Case in 2019.
"These investigations are underway, and any decisions about route and timing are yet to be determined," a Transport spokesperson said.
"Based on this, no decisions have been made and Transport for NSW will engage with City of Newcastle and other stakeholders as required.
"Transport for NSW continues to work with council, the Department of Planning and Environment and Hunter and Central Coast Development Corporation in exploring these matters in the context of broader precinct and city planning, as well as alignment with future land use.
"This also includes work around the Broadmeadow Catalyst Area with the Department of Planning leading a planning exercise for the redevelopment of the Broadmeadow area to include a major sport and entertainment hub along with other uses.
"Transport for NSW has also prepared a regional transport plan for the Hunter region with consultation carried out late in 2022."
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