This view is believed to be part of independent legal advice which the council has received from the Sydney firm Marsdens Law.

It is understood that the advice goes on to say that whether the council maintains its opposition to the pit or not, a state government “significant project” declaration would enable the government to take the road and allow it to be mined.

At this stage, details of the advice are not public.

General manager Lindy Hyam briefed councillors about the advice at a confidential meeting last Monday and councillors will discuss it further at another confidential meeting next Monday.

Mrs Hyam told The Argus that she has suggested councillors make the advice public as it was comprehensive and council opposition to the mine was based on community interest.

Marsden officials are understood to agree with making the advice public and Mrs Hyam said doing so would have no bearing on the council’s stance against the expansion.

The advice is in response to a claim by deputy mayor Paul Nichols last month that the council’s regular legal firm, Sparke Helmore, had a conflict of interest when a company representative advised the council to relinquish control of the road for $11million.

Sparke Helmore had a conflict as it had represented numerous coal companies on numerous issues, including Warkworth’s parent Coal and Allied, Cr Nichols said.

Sparke Helmore solicitor Daryl Gray denied the firm had a conflict.

Singleton councillors have, on four occasions, unanimously backed community concerns by opposing the open-cut expansion and refusing to allow the road to be mined.

Councillors refused last month to negotiate a “voluntary planning agreement” to allow the road to be taken and mined.

The council also made representations to state government ministers setting out why the road should be protected and calling for the open-cut application to be refused.

The government’s three-member planning assessment commission is considering whether or not to accept an approval recommendation for the open-cut from Planning and Infrastructure Department officials.

The commission heard two days of public submissions on the proposal early last month and is expected to make a decision in the new year.