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The Merewether Historical Society is appealing a decision to block public access to a pathway in Newcastle, arguing the public has a legal right to use it.
The Merewether Historical Society has been approved to join a legal appeal in NSW’s Land and Environment Court over a disputed public pathway at 33-37 Llewellyn Street in Newcastle.
The Acoya apartments owners’ corporation is challenging the City of Newcastle’s 2024 rejection of a request to extinguish a public easement, while the society argues the public has a legal right to use the path connecting local amenities.
The society, which has also filed separate Supreme Court proceedings over alleged obstruction, will present evidence that the council failed to assess whether the modified development remains substantially the same as originally approved under the Environmental Planning and Assessment Act.
The case is set to return on October 30.
La Sociedad Histórica de Merewether está apelando una decisión de bloquear el acceso público a un sendero en Newcastle, argumentando que el público tiene un derecho legal a usarlo.