The council voted 5-3 to refuse Immix a modification to an original development application for the construction and use of bulk storage bunkers at 928 Metry Street to expand the range of materials stored on site.

The staff recommendation was for modification to be approved, subject to strict conditions including restrictions on the hours and days of operations to limit the impacts of noise on adjoining businesses.

But Cr David Thurley moved the modification be refused and was backed by Cr John Stuchbery, Cr Murray King, deputy mayor Amanda Cohn and mayor Kevin Mack.

Cr Alice Glachan, Cr Henk van de Ven and Cr Graham Docksey supported the staff recommendation with Cr Darren Cameron an apology.

Councillors carried out an inspection of the business recently and were also alerted to the use of another Metry Street address by Immix without development consent.

“It's not a minor description change it is a major one,” Cr Thurley said.

“We have a number of problems with the original consent and adherence to the consent conditions and that concerns me.

“But my biggest problem is noise.”

Cr Glachan acknowledged the site's noise issues, but said Metry Street was an industrial area of Albury.

“Rather than not allowing the request of the modifications, I would prefer us to be tightening up on some of the conditions and that might be along the lines of limiting the weight and size of the components being processed,” she said.

Cr King said the company had out-grown its present site.

“This business appears to be a heavy industrial one,” he said.

“It doesn't fit into the zone industrial as the neighbours of these premises are typically cabinet-makers and small business owners in commercial sheds.

“If they are going to expand then it won't be in the location they are and we might actually be doing them a favour by refusing this.”

Cr Docksey said the changes to the hours and days of operations were sufficient.

“I am pro-development, but not at all costs,” he said.

“This is an opportunity to allow a business to continue at its current site provided we as a council and compliance officers can police what is going on.”

Cr Stuchbery said he had concerns with safety to Immix employees and neighbours in due to the business operating from three separate sites in Metry Street.

Immix director Jim Suggate couldn't be contacted for comment.