A PATH around the King Edward Park headland is causing headaches for Newcastle City Council.
The developer of a function centre and kiosk approved for the former bowling club site wants the path removed from plans.
Community group Friends of King Edward Park is having an each-way bet.
The group opposes the application to have the path removed, arguing last night that the council added it to plans to improve public access.
Friends of King Edward Park has also challenged the entire development in NSW Land and Environment Court, and its case is partly based on claims that the pathway was not properly planned.
Dr Kim Ostinga, from Friends of King Edward Park, said the group wanted the pathway ‘‘if that’s all we’re going to get’’.
Cr Nuatali Nelmes and lord mayor John Tate both said the footpath was positive and should be retained.
The court case, which will also consider whether a function centre is allowable on Crown land, has been halted so the council can decide on the new application to remove the pathway.
Staff advised councillors they must consider the application separately from the court case.
Developer Keith Stronach declined the chance to speak about the application.
Mr Stronach had a win later in the night, after the council voted unanimously to approve his $10million application to redevelop the David Maddison building at the corner of King and Watt streets in Newcastle for A-grade office space.