City of Newcastle is reviewing its legal options after the state government rejected its request to be the decision-maker on a rezoning proposal at 505 Minmi Road, Fletcher.
The land owner Kingston is seeking to rezone the 26-hectare site from E4 Environmental Living to R2 Low Density Residential and E2 Environmental Conservation to build housing. The Department of Planning and Environment recently issued gateway approval, which will progress the proposal to public exhibition.
The planned development of the site has a long history, with councillors and the community fighting for two decades to preserve the area as a green corridor. Multiple previous rezoning applications have been blocked.
Newcastle council refused a planning proposal for the site in December 2020, however this was appealed and the Hunter and Central Coast Regional Planning Panel decided it should be considered for gateway determination.
In October 2021, councillors voted to request the gateway determination include a condition allowing council to be the decision making authority on the project.
However in a letter to council CEO Jeremy Bath, delegate of the Minister for Planning Daniel Thompson said he decided not to allow council to be the authority due to the "complex history associated with planning proposals for this site".
Mr Bath told the Herald the decision was "exceptionally disappointing".
"We are reviewing our legal options," he said.
"At the very least we will be exhibiting the proposal again and will bring it back to council to make it very clear to the state government, again, [that] the elected council and the local community do not support this development."
Deputy lord mayor Declan Clausen said the decision was unusual and the community was "right to be alarmed by the Department of Planning stripping council of its planning function for this extremely controversial development".
"We have offered sensible and pragmatic solutions, which would ensure the protection of this land for environmental benefit by including it in the neighbouring national park," he said.
Green Corridor Coalition spokesman Brian Purdue said his group had "reached the point of near exhaustion and equal frustration" after the department's actions.
Mr Thompson's letter to Mr Bath said confirmation was required with regard to biodiversity, site specific planning controls and infrastructure delivery, which may result in an amended zone boundary. The approval process will roll over to the next government term.
The Herald put questions to NSW Planning Minister Anthony Roberts and Wallsend MP Sonia Hornery asking whether they supported the proposal.
Ms Hornery said she would hold the planning authority "to account to conduct consultation and actually address the concerns being raised".
"The area is sorely lacking in amenities and infrastructure that would support the population growth this development would bring, there are also concerns for the preservation of the green corridor," she said.
"Our community has frequently lost out on multiple occasions due to a lack of community consultation."
Mr Roberts referred inquiries to the Department of Planning and Environment, which said issuing gateway "does not mean this plan is finalised".
"Biodiversity will be a key consideration of the department's assessment," a department spokesperson said.
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