Developer Hilton Grugeon says Maitland council staff prematurely put his plans for a manufactured housing estate on a path to a councillor vote when he had not finished the application process.
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Mr Grugeon said he was forced to withdraw his application to build more than 100 prefabricated homes in an over-55s estate in historic Morpeth when he realised it had been sporadically included in the agenda for Tuesday's council meeting.
But council's Group Manager Planning and Environment Matt Prendergast said Mr Grugeon was given the opportunity to withdraw the proposal after a council assessment identified heritage as a determining issue that could not be resolved through further discussions with the applicant.
Mr Prendergast said Mr Grugeon chose not to withdraw the application, so it was included in the report with a recommendation for it to be refused.
"Council have had a long standing history of protecting the heritage setting and urban form of Morpeth," he said.
Mr Grugeon disputes the council's side of the story.
"We were not expecting it to go up the way it did because the last communication we got from the council - the last paragraph of the letter they sent us - said they wanted to meet with us to look at design options," he said.
"The next thing we know they were putting it up [before the councillors] and recommending it for refusal.
"We haven't even finished the process yet. For example, we haven't tracked down the koalas yet for a survey."
Residents opposed to the plan have welcomed the withdrawal, but understand this probably won't be the last time they have to campaign against development on the site.
More than 200 resident submissions against the proposal were sent to Maitland council, with many signs advertising the opposition placed around the town.
Morpeth Heritage Conservation Group, which has been holding developers to account for years, hopes this latest episode sends a strong message.
"When are developers going to realise that they can't develop this land? That Morpeth is a unique place and we need it to be protected, and we want it to remain protected as it has done for many years," president Norm Bruhn said.
"We are grateful that the council took on board our concerns and also came up with concerns of their own."
Mr Grugeon said there was a "serious alternate use" of the site that had "come out of left field" and he could not confirm if he would proceed with his original plan next year.
He noted development was "a game of patience" and if it took another 20 years to develop the site he would cope with that.
The council report put forward many reasons why the development should be refused. When asked whether he agreed with any of the reasons, Mr Grugeon said he thought some were "rib-ticklingly funny" and it was nothing he hadn't seen before.
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Belinda-Jane Davis
Passionate about community news
Passionate about community news
