Merewether residents have reignited their calls for a walkway after a publicly-used right-of-carriageway in the suburb was blocked off by a development.
A stoush has brewed after an easement that connected the main street to a bowling club, playground, homes and services was built over by an apartment block at 35-37 Llewellyn Street.
While the details of how that was allowed to occur are disputed, residents say they just want pedestrian access reinstated between Caldwell and Llewellyn streets.
City of Newcastle committed to investigating alternate access in early 2023, and the developer of 35-37 Llewellyn Street also offered to contribute towards a new pathway.
But there has been little progress on the matter since then.
A community meeting for concerned residents on April 9 attracted about 80 people and the group has obtained pro bono legal representation.
Resident Jeff Graham will also address the April 16 Newcastle council meeting to draw attention to the issue.
"The carriageway should be replaced and the council has done nothing for 12 months," Mr Graham said.
"How it's going to be done is going to be a little complex.
"But we want it resolved, it's as simple as that.
"It is very handy for the community."
Newcastle council claims a right of carriageway on the title of 35-37 Llewellyn Street was not adhered to after a large wall with a fire door was constructed over the easement, but the developer argues the construction was compliant, with "unimpeded access" available to the council with a key for the fire door provided.
The developer said public access was never "contemplated or required under the easement", however a statement of environmental effects lodged with the development application said "While it is apparent the ROW is not often used by vehicles and details of use are vague, consideration of maintaining a form of access is deemed important to fostering a positive relationship between the developer and MBC (Merewether Bowling Club), by providing adequate access for occasional vehicular use and maintaining public pedestrian thoroughfare from the Llewellyn shops through to Caldwell Street".
The council lodged a complaint with the NSW Fair Trading about the private certifier who signed off on the construction, however the certifier has since been permanently disqualified due to an unrelated matter.
A City of Newcastle spokesperson said the council believed there was a legal right for City of Newcastle and the public to use the right of carriageway.
"CN has been involved in ongoing discussions with the developer's legal representatives, to establish a ROW carriageway as required under the modified development consent," the spokesperson said.
"Safe and unimpeded public access through the site cannot be achieved without demolition of the two-year-old building.
"The commonsense solution to enable public access is through the adjoining Fire and Rescue Station at 39 Llewellyn Street.
"CN made representations to the relevant ministers to obtain an easement over this land, however, has been unsuccessful to date."
