Fight to save historic Merewether carriageway easement after developer applies to remove it from Llewelyn Street site

More than 80 objections have been lodged against the modification proposal for the approved Acoya Apartments at 37 Llewelyn Street, which seeks to remove a clause subjecting the development to a right-of-carriageway through to Caldwell Street.

The site was formerly owned by Merewether RSL Club, and former club vice-president Kevin Moon said the contract of sale included protection of the easement for public use.

The applicant Perception Planning said in its submission the easement was not formally registered, but did not return The Herald's requests for comment.

Residents say the carriageway is a popular connection from Llewelyn Street shops to Merewether Bowling Club, a preschool, park and playground and the Alice Ferguson Community Centre.

Further, they are dismayed the application was lodged just before Christmas and that they weren't notified about it.

Newcastle council said the application was in early stages and an appropriate timeframe to notify properties was being considered.

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"I'm shocked by the gall of doing it, but in some ways I'm not surprised," resident Michael Barwell said. "I'm all for appropriate development, but in the case of taking away a community asset, I think it's a terrible thing.

"By removing the access it takes something from the community to benefit just a few.

"It may end up being legally right, but I don't think it's morally right."

The path is now blocked off for construction, but Mr Moon and Merewether Bowling Club secretary Lesley Afflick said the developer told them about a year ago that public access would be protected.

Mr Moon also received correspondence from Newcastle council saying "the right-of-way is unable to be relinquished, varied or modified without the concurrence of [council]".

"They've said it's a minor modification, but it's a sweeping elimination," Mr Moon said.

Ms Afflick said if the request is approved, people will be forced to walk or drive around, which she thinks will have a detrimental effect on local businesses.

"People will just jump in their car and go somewhere else," she said. "Parking is tight there already."

Residents have contacted councillor Carol Duncan, who said she and deputy lord mayor Declan Clausen called the matter in for review to ensure a public voice session before a decision.

"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," Cr Duncan said.

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