Bathurst Regional Council decided on Wednesday night not to appeal a Land and Environment Court decision in favour of Brendan McHugh, who plans to open the kennel and cattery on Marys Lane.

Councillors had previously knocked back Mr McHugh’s development application on two occasions, despite council’s senior planning staff recommending it be approved.

Mr McHugh took council to court on the matter and had a clear victory in a case that has cost ratepayers $110,000 in legal fees so far.

Councillors were briefed on the findings of the court during a confidential meeting on Wednes- day night where they had to decide if they would appeal the decision.

But they decided to finally close the book on a matter that has been dragging on for almost two years.

Mr McHugh yesterday welcomed that decision, saying common sense had prevailed.

“I believe it was almost a unanimous vote,” he said.

“This was needless politics on behalf of some councillors. If they had listened to their own experts, both council ratepayers and ourselves as a business would have avoided unnecessary expense and delays.

“[Former planner] David Shaw was 100 per cent right and proven right to recommend approval.”

Mr McHugh said he was now looking forward to starting work on the facility that would cater for a maximum of 20 cats and 24 dogs, and also accommodate other small pets including mice, guinea pigs and rabbits.

He said he had held off spending more money on plans for the facility until the legal case was finalised, but now it would be full steam ahead.

“I have a couple of local people quoting on final construction drawings and I should have those in the next five or six weeks, and I think I have a local builder lined up so hopefully we will be open by Easter,” he said.

“We plan to progress from here without grudges to build the best accommodation for dogs and cats in Bathurst.”

Mr McHugh wanted to stress that the kennel had been approved by the Land and Environment Court with fewer conditions imposed than would have been the case had council given him the green light.

“This is an important point,” he said.