Sovereign Park development on old NBN site: Hunter Community Forum appeals Hunter and Central Coast Joint Planning Panel decision to approve apartments

Hunter Community Forum (HCF) has lodged an appeal against the the Hunter and Central Coast Joint Regional Planning Panel's decision to approve the development, arguing it failed to consider the impacts of a mine subsidence event on surrounding buildings, roads, public spaces and pavements after the site is grouted.

Therese Doyle, of HCF, said residents in the area were concerned that the planning panel hadn't properly addressed the issue of mine subsidence in its decision.

"This whole area is undermined by two coal seams that are pretty extensive," she said.

"That adds to the geological instability of the area and we want to make sure any new development doesn't add to that instability.

"That's something I think City of Newcastle hasn't properly addressed, and the planning panel hasn't properly addressed - so this is a significant case from a precedent point of view to say grouting is important and so are its effects on adjacent properties."

The Stronach Property development on Mosbri Crescent was approved with conditions in July, drawing more than 500 submissions.

The initial proposal was for 161 apartments across three buildings and 11 townhouses. The panel decided a level would have to be removed from the tallest building - reducing the apartments to 155.

HCF wants consent for mine grouting, the demolition of buildings and construction of Sovereign Park to be declared invalid, and for the developer to be stopped from taking further action on the site.

The group argues the panel failed to take community views into account, ignoring the "likely impacts" on surrounds in the case of a subsidence event after partial grouting under the project.

It also claims the panel failed to consider community submissions, adopting the council's assessment of them which "erroneously" characterised them as concerned only with the construction impacts of grouting and not the impacts of a subsidence event.

In its case, HCF will argue the panel failed to give real consideration to the impacts of mine grouting on surrounding areas by relying on the Subsidence Advisory NSW approval which "did not concern offsite impacts".

Developer Keith Stronach intends to defend the project in court, arguing he provided comprehensive reports.

"It's been approved, the JRPP [Joint Regional Planning Panel] approved it, the mine subsidence board has approved it and we're grouting," he said.

"Nearly all of Newcastle is grouted, we have done dozens of projects ourselves and almost all of those are in the city near adjacent properties.

"I'm not a mining engineer, but we've had it approved on every level."

Mr Stronach said Sovereign Park in particular faced a high level of scrutiny from the panel and the public.

"They [the panel] took off a floor, we didn't argue with that, we accepted it," he said.

"Take away the emotion and find out why mine grouting is done, you have to do it because you can't develop anything without it apart from a two-storey house ... it's standard practice."

Subsidence Advisory NSW has issued General Terms of Approval for the development, requiring the mine subsidence risk to be effectively eliminated before construction.

According to the approval, it will require "but not necessarily limited to, the emplacement of grout into the mine voids".

A City of Newcastle spokesperson said it is aware of the appeal.

"The proposed 155 new units were approved in July by the state government's planning panel, with the support of City of Newcastle," the spokesperson said.

"Our staff will assist the court should we be requested to provide detail explaining our support."

The Department of Planning and Environment declined to comment.

A summons hearing is listed for November.

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