In September, Bathurst Regional Council knocked back a development application to open the new kennel on Marys Lane, despite planning staff recommending it go ahead.

Councillors were convinced by a vocal campaign from nearby residents who cited noise, safety and environmental concerns with the proposal.

But applicant Brendan McHugh is not giving up that easily, and has resubmitted the DA after making changes to the roof design of the kennel to further alleviate noise concerns.

And he has warned council he would take the matter to the Land and Environment Court if his proposal is knocked back again.

But speaking at a second public discussion forum about the matter last week, neighbour Darren Baldwin assured councillors they had made the right decision in knocking back the DA and said Mr McHugh could not win in court.

Mr Baldwin acknowledged that the new roof design would restrict night-time noise coming from the kennels, but said concerns about day-time noise, traffic safety and threats to an environmentally-sensitive area had not been addressed.

“The advice we have obtained reveals that the applicant’s claim that he is likely to succeed [in court] is absurd,” Mr Baldwin told councillors.

“... Any of you who have met with us understand that our issues are supported by copies of legislation, policies, guidelines, documents from government departments and reports from professionals.

“It is worth noting that our professionals have put their names to every report, which means that they accept professional liability for their statements.”

However, Mr McHugh told councillors he had taken on board the concerns of his neighbours before resubmitting the DA.

“Improvements to the roof structure show we have been listening to the discussion that took place over many months,” Mr McHugh said.

“We have made additional compromises to an already compliant design, so there is absolutely no risk of anybody hearing anything at night.

“We also have reports that prove that daytime noise will also comply.”

Mr McHugh is seeking to open a new purpose-built kennel for up to 24 dogs and convert an existing building into a cattery [up to 20 cats].

The proposal also includes accommodation for other small pets such as guinea pigs, rabbits and mice; and external run for the dogs; fencing for yards and runs; an effluent disposal system; associated earthworks; and advertising signage.

The matter is expected to come back before full council at the December meeting.