'More people a choice': motion to debate unpopular housing estate blocked

West Ward Independent councillor Anthony Swinsburg was defeated in his bid to have a contentious housing estate in western Lake Macquarie debated by the elected council.

Cr Swinsburg submitted a notice of motion at Monday night's Lake Macquarie City Council meeting to have a development application (DA) for a 76-lot residential housing estate at 44 Carleton Street, Toronto brought before the council following 45 submissions against the proposal by Grantham Farm Pty Ltd.

The opposition towards the subdivision centres on its lot sizes, which range from 250 square metres to 378.7 square metres. The majority are between 250 and 255 square metres.

The subdivision takes advantage of changes to the Lake Macquarie Local Environment Plan 2014 (LMLEP) endorsed by councillors in February to allow lots of 200 to 250 square metres across the local government area.

Previously, the minimum allowed was 450 square metres.

Swinsburg's notice of motion was defeated 6-4, with West Ward Liberal Jason Pauling, deputy mayor Colin Grigg and North Ward Liberal Jack Antcliff offering their support.

Labor's Brian Adamthwaite, Keara Conroy, Madeline Bishop, Christine Buckley, mayor Adam Shultz and East Ward Liberal Matt Schultz voted against the motion.

Councillors Kate Warner, Michael Hannah and Stacey Radcliffe were absent.

"This is giving the opportunity for the community to have a voice," Cr Swinsburg said.

"If you choose to deny the community the opportunity to do that, to me, that sends the signal that we're talking to developers; we're not representing the community."

Under questioning from Cr Conroy, director of development, planning and regulation, David Antcliff said having the DA decided by councillors would likely increase its determination by six to eight weeks.

"I'm not necessarily keen to debate small lot policy through a development application. I would be happy to look at our lot size as a stand-alone notice of motion, rather than using a development application to have the debate," Cr Conroy said.

Cr Adamthwaite said he was concerned by council statistics that there are roughly 5000 approved homes in Lake Macquarie waiting to be built and that debating 44 Carleton Street would only worsen the problem.

"We're talking about building houses, we're talking about giving people homes, we're talking housing diversity and we're holding them up," Cr Adamthwaite said.

Cr Bishop, who represents the West Ward, conceded the housing estate was contentious but said it was well serviced by primary and high schools and was close to shops in Toronto.

"We need to be able to allow people to live near those facilities," Cr Bishop said.

"I know there are a lot of people in the community concerned by this particular development, and I understand that, but not all change is bad. Change is just something you get used to over time.

"I think the proposed development's sizes give more people a choice of a type of housing in our area."

Cr Schultz said the council had to support its recent reforms to increase housing supply.

"This is a great opportunity for us to back these smaller lot houses and to send the message to the developers and investors in our city that you can, and you have the support of this chamber where it's appropriate and where it's necessary and considered through the planning legislation," Cr Schultz said.

Cr Bishop was scheduled to submit a notice of motion on health services in western Lake Macquarie but withdrew it ahead of the meeting.

Earlier in the meeting Cr Antcliff and Cr Pauling voted in vain against approving the minutes of last week's extraordinary meeting to appoint the new chief executive.

The council's director of built and natural assets, David Hughes, was appointed to the role.

Cr Antcliff asked why the voting was not published publicly in the minutes and was told by acting CEO Tony Farrell that under the council code of meeting "all the resolutions have been recorded, but the voting record does not form part of the resolution itself so therefore I ruled it as confidential."

Cr Pauling said the ruling meant he would vote against the adoption of the minutes.

"I'd like to explain my actions better; however, I'm effectively gagged and that creates some degree of conflict within me from a transparency point of view and a procedural point of view," Cr Pauling said.

In the mayoral minute, Cr Shultz reflected on Lake Macquarie's 120-year anniversary as a local government area.

The Shire of Lake Macquarie was proclaimed on March 6, 1906 and the first elected council meeting was held at the Teralba Court House on December 8, 1906, with councillor Sydney Croudace unanimously elected president for the remainder of the term.

Former mayor John Kilpatrick (1993 to 2004) and councillors Alan Hunter (1991 to 2008), Mercia Buck (1991 to 2008), John Jenkins (1980 to 2008), Laurie Coghlan (1999 to 2016) and Wendy Harrison (2004 to 2021) attended the ceremony as "Lake Macquarie luminaries" in serving 16 or more years on council.

Former mayors Greg Piper and Kay Fraser were apologies.

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