The development application (DA) for his proposed pet boarding facility was twice rejected by councillors last year against the advice of senior planning staff.

On the second occasion, in December, environmental, plann-ing and building services director David Shaw recommended councillors approve the application subject to 28 conditions.

Mr McHugh had threatened to take council to the Land and Environment Court and, in February, he made good on that threat.

Mr McHugh said council’s decision had been a political one, rather than based on the merits of the development application.

Yesterday he presented a petition with 210 signatures in support of his proposed kennel.

“We’re happy – very, very happy,” Mr McHugh said of the public’s response to the petition.

He did, however, accuse a member of the community of taking a total of four sheets of petition signatures (with an estimated 97 signatures) from two Bath-urst businesses.

Despite the looming court action, Mr McHugh said the petition had not been undertaken too late, and said it would help his case.

“I wanted to prove to councillors Hanger, North, Bourke and Morse [those who opposed the kennel] that the public believe this is in the public interest,” he said.

“I believe it’s strong public support and if that issue [lack of public support] comes up as a point of contention at court [the petition can be used].

“Even though some councillors say it’s not in the public interest, it’s absolutely in the public interest.”

While Bathurst mayor Gary Rush agreed with Mr McHugh’s right to submit a petition, he said it had come too late and that a court’s ruling would be based on legislation or precedents.

“Gathering support for any cause through the use of petitions has been part of our long-established democratic cause,” he said.

“The applicant has a right to legal recourse and to indeed try and enlist community support regardless of the issue and the position of council.”