KITE FIGHT: The properties involved in the dispute.
NEIGHBOURS of a controversial development for a garage and house renovations in Kite Street have started legal proceedings against Orange City Council and the owners of the property in the Land and Environment Court.
Scott Gilbank, owner of neighbouring heritage listed home Mena, and Margaret Audley, the owner of the other neighbouring residence, have taken action about the way the development impinges on their properties.
“There will be a lot of issues raised about drainage, amenity, overshadowing, curtilage (land area) plus the misleading information in the planners’ report and the application,” Mr Gilbank said.
But development services director David Waddell said the council “stands by the thorough assessment undertaken on this development application, the report that went before council detailing that assessment and the subsequent consent”.
“We need to let the legal process take its course,” he said.
Mr Gilbank said he expects similarities to be cited with the Barton v Orange City Council case in 2008, where the Land and Environment Court ordered a two-storey extension at the rear of a Lords Place home owned by Dom and Kerryn Westgeest be demolished after council wrongly approved the development application.
The demolition order was handed down after it was shown the extension overshadowed the home of neighbours Greg and Amanda Barton.
But Mr Waddell said there were “significant differences in the technical aspects” of the two cases.
In December, councillors attempted to overturn the approval of the garage in front of the Kite Street property but were refused because staff had already issued development consent.
Staff had recommended the development’s approval despite the location of the garage not complying with the development control plan (DCP) for the heritage area.
The owners of the property at the centre of the legal action declined to comment when contacted by the Central Western Daily.