Despite the warnings of legal action by some of their colleagues and a recommendation by planners to approve the DA, the five councillors who voted to dismiss the advice and refuse the application have been labelled by one councillor as being "irresponsible".

Last Thursday the applicant, doctor Glenn Brummitt, confirmed with the Examiner that he would indeed be appealing the decision in the Land and Environment Court.

Dr Brummitt said that the application was lodged to fill a need for more medical services in Medowie and would operate with only two doctors in its initial stages.

"With an average ratio of one GP to 1000 patients, and only 6.5 full-time equivalent doctors currently seeing 10,500 Medowie residents, there is obviously a need for more," he said in a letter to the Examiner.

"Realising this need we decided to buy the existing house on an acre plot on Boundary Road, the Bower, Medowie.

"We had made extensive inquiries beforehand as to any other possible sites in Medowie centre but there was simply nothing available for a doctors' surgery." 

The grounds for refusal centred around the objections of neighbouring residents, whose fears ranged from noise, traffic and economic impacts to a reduction in property values.

A medical centre would be better suited in the Medowie shopping centre, they argued.

"When we learned of the DA our dream turned into our worst nightmare," one objector said.

"We purchased this land in a quiet area of Medowie in order to raise our young family, now we feel trapped."

The contentious DA was deferred from the council's February 12 meeting, pending further information on the legal aspects of the proposal.

The land is zoned ‘R5 Large Lot Residential’ under the Port Stephens Local Environmental Plan where medical centres are not listed as permissible, however, the State Environmental Planning Policy can override council's LEP where the medical centres are deemed permissible with consent.

"We did our due diligence at council and found Boundary Roads R5 zoning legally allowed change of use to a medical facility," Dr Brummett said.

"We then spent $32,000 on design work, research and consultants, eventually putting our DA together and submitting to council."

Experienced councillors Paul Le Mottee and John Nell, along with mayor Ryan Palmer, expressed their concerns about the unlikelihood of defending the matter in court, but were outvoted 5-3.

Mayor Palmer tried to appease the feuding neighbours by putting forward a new motion calling for approval with a number of further conditions including landscaped trees, timber fencing, a concrete driveway and carpark to lessen the impact on neighbouring residents.

"While I agree that this is not an appropriate location for a medical centre, the zoning says otherwise and a court case would cost us between $25,000 and $100,000 if we lose," Cr Palmer said.

The chorus of opposition was led by Cr Jordan who echoed the sentiments of colleagues by claiming while there was a need for more medical centres in Medowie, Boundary Road was not the right location.

"People have chosen a lifestyle with space around them and all of a sudden they have a doctor's surgery next door … this is not what they signed up for," he said.

Cr Sarah Smith said she believed the applicant had lodged his DA  in good faith, adding: "I get the feeling it will go to court. This is not the end of the story."

And it seems her words have since been proven to be prophetic.

"This is not just sour grapes," Dr Brummett said. 

"We are now about to start the appeal process, and the ratepayer will pick up the aforementioned defence costs of up to $100,000.

"Why should they?

"We are simply trying to open a much-needed country doctors' practice in Medowie.

"At an estimated $1.5 to $2 million we are risking all we have."