OPPONENT to a garage development at 48 Kite Street, Scott Gilbank said despite losing the case in the Land and Environment Court and incurring hundred of thousands of dollars in court fees, it was all worth it and he would do the same thing again.
Mr Gilbank took Orange City Council to court over its approval of a garage in the front of his neighbour’s house on the grounds it would ruin the heritage amenity of his property Mena.
He said council had not adequately addressed drainage issues and they had not assessed access at the back of the house properly.
Garages on surrounding houses are typically at the back of the property, but council staff argued that the setback and appearance of the proposed garage makes departure from its guidelines acceptable.
Mr Gilbank said despite the loss it was important to stand up for what you believe in.
“You’ve got to accept the outcome from the courts and I have no regrets,” he said
“People need to stand up to the steam roller of council and take them on, don’t be afraid.”
Sustainable Development Committee chairman Jeff Whitton said the court decision vindicates council’s consent for the development..
“Councillors and council staff take seriously their role in assessing development in our city,” Cr Whitton said.
“Council took this development application seriously and assessed it appropriately. Council took the same approach in defending this m