Newcastle council staff have again recommended approving the redevelopment of the Mon's restaurant site in Darby Street.
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And, again, Cooks Hill residents are fighting it.
The council's development applications committee, which includes all councillors, knocked back a five-storey building on the site a year ago despite staff supporting the project.
The committee found the original design was three metres over the site's 14-metre height limit and had an "unreasonable impact on the built environment in the locality of the site, in terms of character, height, bulk, scale and visual appearance".
The developer, Robert Dawson, appealed against that decision and submitted new plans last year, having lopped a floor off the design and altered its appearance.
Mr Dawson has also lodged an appeal in the Land and Environment Court.
His appeal to the council argues the amended plans meet council objectives of increasing population density in Cooks Hill "whilst aiming to set the tone and scale for future small-scale shop-top housing and mixed-use developments within the locality and along Darby Street".
IN OTHER NEWS:
Cooks Hill Community Group spokesperson Glenn Burgess said residents were "extremely disappointed" the staff report had "dismissed" a National Trust submission highlighting the Mon's building's heritage value.
The National Trust submission had shown that the building dated from 1938, within the 1850 to 1940 scope of the "key period of significance" for "contributory" buildings in the council's Cooks Hill Heritage Conservation Area.
"Adding to the heritage significance is the fact the underlying structure dates from 1854," Mr Burgess said.
"Based on this evidence, the applicant's and council's assessments of the heritage status of the building are incorrect."
He argued that the site could be developed while maintaining its facade.
"The retention of the heritage facades as part of the Iris development in the Hunter Street Mall shows how successful this can be.
"The heritage status of Darby Street is valued and appreciated by all Novocastrians and needs to be maintained."
The council will rule on the appeal on Tuesday night.
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