Nerida Bint, the owner of Newcastle's first all female gym Lissome, had lodged an application to Maitland City Council to open a new branch in Melbourne Street, East Maitland.

Councillors were divided on the matter at a meeting last week - Cr Robert Aitchison accusing Cr Philip Penfold of pulling a stunt at the eleventh hour to block the application and describing his debate as theatrical.

Council received one submission about the development which focused on parking concerns. A report said council received another three submissions outside the notification time frame.

The gym was to be located on the western side of Melbourne Street, two allotments back from the highway.

Cr Mike Yarrington said he agreed with concerns about a lack of parking despite council officers recommending the development for approval. He said it was the right development but the wrong location.

Cr Philip Penfold shared these concerns. "The concerns from neighbours are understandable." he said. "It's a narrow street."

Cr Henry Meskauskas said there were plenty of other gyms in Maitland with similar parking predicaments which received full council support. "Why can't this one get the full support of council," he asked.

Cr Ben Mitchell said there were already parking issues in the location. "I think this is just the wrong site for this."

Cr Don Ferris said he knew a number of people who walk or run or push a stroller to the gym. "They usually live nearby. This gym is three blocks from a train station, near a bus route. This is where we want development. It has approval from the council officers."

Cr Ben Whiting said he understood parking concerns but said there were similar facilities operating that do not meet parking requirements. "We're applying a different standard to this development."

Cr Mitchell Griffin agreed with councillors Yarrington and Penfold and said the gym's proposed location was in a tight area. "We have people complaining about parking throughout the city on a regular basis. It's particularly difficult around the area of Melbourne Street," he said.

Cr Robert Aitchison who moved the gym be approved said he was amazed and shocked at those objecting to the development. "This application complies and the officers have recommended it for approval," he said.

Councillors Peter Garnham, Mitchell Griffin, Sally Halliday, Ben Mitchell, Nicole Penfold, Philip Penfold and Mike Yarrington voted against the officers recommendation and the motion for approval was defeated.

Cr Philip Penfold then moved a motion he had written with the help of senior council officer Leanne Harris quoting a number of clauses and sections from the Environmental Planning and Assessment Act.

His motion said the application did not satisfy the city's development control plan in terms of vehicle access and parking and if approved would adversely impact the area's amenity. The motion also said the site was not suitable for this type of development and was not in the public interest.

Cr Aitchison described Cr Penfold's action as a stunt. "I don't know what has just taken place in front of us here. It's a stunt - theatrics. After hearing Cr Penfold quote from the Act he said it would be foolhardy of any councillor to support his motion unless they knew what he was talking about. "If other councillors support this they leave themselves open to legal action. The applicant could take us to the Land and Environment Court which could cost between $50,000 and $70,000," Cr Aitchison said.

General Manager David Evans said what councillor Penfold had done was "completely in order."

Cr Henry Meskauskas then moved an amendment to defer the matter for a briefing so councillors could better understand Cr Penfold's motion. This was carried seven votes to six.

Cr Penfold said his motion was not something he "plucked out of the air". "No one is saying there is an issue with this property or business and no one is doing favours for friends or pulling stunts," he said.