BATHURST Regional Council is being warned it may face a legal battle it can’t win if it does not approve a development application for a cattery and dog boarding kennel at Dunkeld.
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Chief town planner David Shaw’s extensive 26-page report on the controversial proposal, to be tabled at tomorrow night’s ordinary monthly meeting of council, includes 28 conditions the applicant must meet if the development gets the green light.
Council had previously gone against Mr Shaw’s recommendation and refused to allow the development to proceed, based mainly on noise concerns.
It followed a groundswell of opposition from neighbouring residents in the vicinity of 108 Marys Lane at Dunkeld.
As well as noise concerns, residents were concerned about increased traffic movements on Marys Lane.
Applicant Brendan McHugh was not happy with the original decision to refuse the development to proceed.
In a damning letter to council, he has warned that litigation in the Land and Environment Court is his next option – and he believes that he would win the case and be given approval.
His tough stance followed amendments to his original development application which included beefing up the roof design of the kennel to further alleviate noise concerns.
Previously, Mr McHugh had noted his family had moved to Bathurst from Sydney and was “trying to make a go of it by running a small business – a permissible small business”.
“We will be the smallest kennel in the Bathurst region with only 24 dogs all housed internally at night in their own fantastic rooms with no stimulation to make them bark,” he said.
“This is our home and we are just trying to make a go of it – a family business. We are not developers that don’t care – we care.”
The proposal would allow a maximum of 24 dogs at any one time at the kennel, as well as 20 cats and 20 other small animals.
Dogs would not be allowed in the external runs between 5pm and 8am between June and August and 6pm to 7am at all other times.
According to Mr Shaw’s report, council should change its original decision and give the kennel the go ahead.
“The proposed development is permissible within the zone and consistent with the objectives of the zone,” the report states.
“The development is in accordance with the Development Control Plan (DCP) provisions as adopted by council.
“The issues surrounding noise have been independently reviewed by noise consultants who have made a number of recommendations which can be included as conditions of consent.”
