A $1.3 million townhouse project on former Charles Sturt University land in central Albury is likely to be decided by a court after the city's council opted not to revisit the proposal.
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Plans for four double-storey townhouses, fronting David St and neighbouring the historic Adamshurst mansion, were rejected by the council last year on the basis they were out of character with the neighbourhood.
Habitat Planning, representing Thompson Building Projects, requested the council review the development based on some slight amendments and it largely complying with the city's planning controls and objectives for the old CSU land.
However, deputy mayor Amanda Cohn successfully moved not to review the decision when the matter was raised at last week's council meeting.
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She said the changes were not "substantially different" and noted a new development application had not been submitted.
Cr Cohn's motion succeeded 5-4 with one of those against it, councillor Graham Docksey, arguing that supporting it "stifled" open debate.
Habitat Planning director David Hunter said his client was disappointed with the council's decision and was considering its options.
He said an appeal to the NSW Land and Environment Court was one of the responses being weighed up.
Cr Cohn foreshadowed the possibility of the issue going there when she was asked by Cr Docksey why she objected to the project last year.
"My substantive views on the development are on the record from the previous debate and I'd prefer to keep with those, given the chance that this might end up in (the) Land and Environment Court," she said.
Cr Cohn said then that the plan did not meet the council's own rules.
