A group of residents living in Farley will challenge the approval of a crematorium in the Land and Environment Court. 

The development to be built on Old North Road was approved by Maitland Council in December 2020. 

The five member group, which includes three neighbors of the proposed development site, have formed an incorporated association, approved by Fair Trading on February 26.

A representative from the association says the crematorium was approved without proper consideration.

Residents where the $3.2 million dollar facility would be located, last year raised concerns about the level of mercury and other substances which will be produced by two unabated gas-fired cremator units and emitted into the air.

Council, applicant Hilltop Planners, and the owners of the site Fry Bros Funerals, were served with court summons March 19. 

A Sydney Barrister has been employed to represent the group in the Court, with assistance from the University of Newcastle’s Legal centre.

Council is reportedly on notice to produce all of the documents relating to the approval of the development by March 25. 

The matter is listed for a hearing on April 30.