But commonsense should prevail when it comes to restrictive state planning laws that threaten to leave iconic buildings as empty shells for years to come.

George Prochowski owns the grand old Maitland Mercury building on High Street.

But his plans to turn the former newspaper office into a restaurant and accommodation at the front and residential units at the back have stalled.

When he bought the building, he didn’t realise that the ground floor was below the flood level and, as such, could not be used as habitable floor space for new homes.

The technicality means the developer will have to scrap plans for a ground floor lounge room and kitchen in each unit in the old Mercury building and use the space as garages, which would have obvious design impacts.

Mr Prochowski says this is unfair given that commercially zoned premises nearby that are also below the flood level – including cafes and restaurants – can have habitable space on the ground floor because they are zoned differently.

Given that he was planning to use money from the sale of the units to fund expensive heritage upgrades to the iconic front part of the building, it’s understandable that Mr Prochowski is considering walking away if he can’t get leniency from the government.

Mr Prochowski doesn’t want to set up bedrooms on the ground floor. 

He wants about 40 per cent of the downstairs space to be used as kitchen and lounge room areas.

In a practical sense, sitting in a lounge room or cooking in a private kitchen in a flood prone area doesn’t present more danger than sitting in a commercial dining area in a flood zone.

This comparison makes the state’s restrictions seem inconsistent and counter productive – especially if it means developers are taking their money and walking away from restoring icons like the old Mercury building.

Of course, safety during times of a flood is a primary concern. 

But common sense should play a role in the planning rules that the government applies in places like Maitland.

Otherwise, there’s a heightened risk that the grand old structures like the Mercury building could remain empty shells long into the future.