BATHURST Regional Council will lose its case in the Land and Environment Court after it rejected plans for a new kennel in Dunkeld, according to councillor Michael Coote.
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Councillors twice rejected Dunkeld Pet Hotel’s development application (DA), despite a recommendation from environment planning and building services director David Shaw to approve it, subject to 28 conditions.
Applicant Brendan McHugh asked for a review of the original decision.
At that review in December Cr Michael Coote, Cr Warren Aubin and mayor Gary Rush were the only councillors to vote in support of the DA.
Following the second rejection, Mr McHugh told the Western Advocate this week that he will now take the matter to court.
An angry councillor Michael Coote has slammed his colleagues for rejecting the DA and said it could now be approved without any of the 28 conditions initially imposed.
Cr Coote agreed with Mr McHugh that councillors had made a political decision to reject the DA, rather than vote on the application’s merits.
“Unfortunately, when people vote with their hearts and not their heads this is what happens,” he said.
Cr Coote said residents near the proposed new kennel had been “blindsided” by their objections, and council had never received a complaint about an existing pet kennel in Dunkeld, Bathurst Boarding Kennels and Cattery.
“They [neighbours] didn’t listen when the general manager spoke to them [about the proposed new kennel], they were blindsided,” he said.
Councillor Warren Aubin agreed the applicant would win his case “hands down”.
“There’s not one flaw in the DA, he will win ... it’ll cost council a lot of money,” he said.
Cr Aubin said councillors were “not experts” on environmental matters and should take into account the expert advice given by council staff.
“We have five environmental scientists on our council staff and yet people [councillors] still voted against it,” he said.
“Council didn’t listen to staff or noise experts that all said it was fine.”
A clearly angry Cr Aubin said at the December meeting one councillor admitted they didn’t understand aspects of the environment science in the DA so, because of this, would vote against it.
“If you don’t understand you go and ask someone,” he vented.
Mayor Gary Rush would not be drawn on the court case’s potential outcome, but did say the applicant was within his rights to take the matter to court.
“It’s now up to the court to decide what they think of the applicant’s application,” he said.
