ALBURY councillors have been warned about a potential $50,000 cost to ratepayers for a legal challenge against a recently rejected Thurgoona residential development.
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A development application to build three townhouses at 52 Fairway Gardens Road on the edge of Thurgoona golf course was supported by council planning staff before being rejected by councillors on a 7-1 vote in May.
The applicants, Jim and Julie Carroll, have re-submitted the same proposal to council to build two single-storey units and one double-storey unit.
The re-submitted application includes a submission from the applicant’s consultant, James Laycock from Blueprint Planning.
He has raised the potential cost to ratepayers if the application is rejected again and the matter is taken to the NSW Land and Environment Court.
Objections included the proposal being out of character with surrounding properties and an increase in noise and traffic.
The same proposal was approved in 2007, but the applicants didn’t proceed due to the onset of the global financial crisis.
But Mr Laycock has warned the council’s recent refusal had no basis.
“The current development application is obviously supported by council staff,” he said.
“Whilst it is rare for councillors to vote in the majority against staff recommendations, it is even more rare that such voting occurs on flawed grounds.
“This additional aspect of uncertainty is also not something that would be either good for the council or the local and regional development industry or a reputation that either would wish to have associated with it by implication.”
Mr Laycock said legal action was a serious consideration.
“It is hoped that councillors will rise above the innuendo created by objections and approve the application without further delay or cost to all parties,” he said.
“Such costs, real and in-kind, to council are likely to be in the order of $5000 to $8000 in the case of a review of decision or $20,000 to $50,000 in the case of a class 1 appeal to the Land and Environment Court.
“The fact of the matter is that the objectors have no appeal rights in regard to the current application.”
Cr Alice Glachan was the only councillor present at the May meeting to vote for approval of the development application.
Residential planning controls in the Thurgoona area have also been unchanged since 2007.
“It is evident that some objectors have attempted to pull the wool over the eyes of some councillors about the strength of the planning merits in their favour in an attempt to deliberately delay and frustrate the application,” Mr Laycock said.
