An owners' corporation has discontinued its appeal against Newcastle council over a right-of-carriageway in Merewether. The strata plan for the Acoya development at 33-37 Llewellyn Street withdrew its appeal in the NSW Land and Environment Court on October 29.
The appeal was abandoned on the eve of a two-day hearing scheduled for October 30 and 31. The development had included a wall and fire door that blocked public access to the right-of-carriageway, previously used by the community to walk between Merewether shops, a bowling club, park, health centre and homes.
The owners' corporation lodged the appeal in February 2025 against City of Newcastle after the council rejected a modification application to extinguish the right-of-carriageway. The council determined in December 2024 that the application was contrary to the public interest.
A separate case lodged by Merewether Historical Society in the Supreme Court of NSW against the owners' corporation remains active. The society claims the owners' corporation is unlawfully obstructing the right-of-carriageway, while the owners' corporation argues that the public is not authorised to use it.
A City of Newcastle spokesperson said the discontinuance means the refusal remains in effect, with conditions to maintain the right-of-carriageway and minimum clear opening height for access. The historical society has called on the council to assure that the carriageway remains available for public use.
