ALBURY councillors have rejected a staff recommendation to approve a Thurgoona residential development in a move which could lead to a costly NSW Land and Environment Court challenge.
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A proposal to build three townhouses at 52 Fairway Gardens Road on the edge of the Thurgoona golf course was supported by council planners, but was overturned on a 7-1 vote of council on Monday night.
The council previously approved a proposal to build units on the block in 2007, but the former owners didn’t proceed due to the global financial crisis.
Developers Jim and Julie Carroll submitted a proposal to build two single storey units and one double storey unit last year with objections raised including the proposal being out of character with surrounding properties and an increase of noise and traffic.
Objections were also raised about the development not meeting planning requirements updated in 2010.
The council’s planning committee recently rejected the development on the casting vote of chairman, Cr Daryl Betteridge.
Cr Alice Glachan attempted to overturn the committee decision, but couldn’t find a seconder.
“It substantially and significantly meets the requirements here in Albury,” she said.
“The development application was assessed by our staff who are professionals and believe it should be approved.”
A question from Cr Glachan to staff about potential costs to ratepayers if there was a NSW Land and Environment Court challenge sparked a point of order from Cr Darren Cameron.
Cr Cameron said the landscape had changed in Thurgoona since the previous application was approved including more housing in the immediate vicinity.
“Things are not as they were,” he said.
“There are various ways this proposition doesn’t comply with our current development control plan.
“Anybody who is involved in development in Albury who thinks it is a foregone conclusion based on what the staff make in a recommendation are simply and wilfully not looking at the Local Government Act.”
Cr Henk van de Ven and Cr Patricia Gould previously supported the development at committee level, but back-flipped.
Cr Graham Docksey, who supported the development at committee level, was an apology from the council meeting.
Mr Carroll said the proposal “ticked all the boxes” in discussions with council staff before being overturned by councillors.
“It wouldn’t be endorsed by town planning if it didn’t meet all the requirements,” he said.
“Councillors have ignored expert advice of their own staff and grounds for refusal are questionable. It creates uncertainty for builders and developers.”
