
Found this Mattie, from 2yrs ago.
Dawn.
147/02 SWANTON MORLEY: CONTINUED USE FOR DOG BREEDING AND ERECTION OF NEW KENNELS – DERWENT WOODGATE LANE – REFERENCE: 3PL/2002/0821/F – MISS C CADE (AGENDA ITEM 12)
In presenting the report, the Area Planning Officer (North) explained that the application related to continued use of land and buildings for dog breeding following the expiry of previous temporary permissions. The proposal included a new sound-insulated building. Members were reminded of the history of the site, detailed in the report, and that planning permission had been refused in May 2002 on the grounds that the use of the existing kennels would cause unacceptable disturbance.
A number of letters of objection had been received from local residents who were concerned that the measures proposed in the revised application would not adequately deal with the noise problems if permission were granted. The Area Planning Officer was of the view that the new noise insulated kennel in the proposal would effectively contain the noise of barking dogs within. The Environmental Health Officer supported this view. He also suggested that the applicant’s proposal to house whelping bitches in the existing timber kennels was a reasonable one, given that the main disturbances arose from barking adult dogs. He reassured members that the whole site would be subject to environmental controls to restrict noise levels. Members noted that the new building would be of substantial construction and had been designed and detailed in line with the recommendations of an acoustic engineer.
The Parish Council’s views were reported to the meeting and included the following:
temporary permission to 31 December 2002 subject to strict soundproofing controls;
all dogs to be housed in sound proofed environments;
smaller entrance doors for the new building as there were concerns that noise would escape from the large number of doors in the revised proposal;
concerns that the applicant would not comply with the conditions of the permission if granted.
The application led to an extensive debate during which members became acutely aware of the strength of feeling on both sides. The Ward Representative urged members to consider the matter before them carefully; he said local people had tolerated unreasonable levels of disturbance for a very long time but their tolerance had reached an end. He added that he now shared the view of the Parish Council and he recommended that all dogs be housed in a sound-insulated building, including whelping bitches.
A number of members and objectors drew attention to the Committee’s previous decision (13 May 2002 - Minute No. 101/02) and questioned why negotiations with the applicant had departed from this. After discussion of this point, there remained a difference of opinion as to whether whelping bitches and their puppies would generate noise through barking. The view was also expressed that any noise generated would be subject to measurement and monitoring before any enforcement action could be implemented. It was suggested that, in the event of a problem arising, it would be unreasonable to impose such a delay on local residents given the history of the site to date. In view of this members did not accept the recommendation in the report and having been duly proposed and seconded it was
RESOLVED that
the application be deferred to enable negotiations to take place in relation to all dogs on the site (excluding those mentioned at 2) below) being housed in one new sound-insulated building as described in the report, including whelping bitches and their puppies, subject to the satisfaction of a veterinary and Environmental Health Officer and a further condition requiring all doors/windows in the new kennels to be kept shut and prohibiting outdoor exercising of dogs between 8.00 p.m. and 8.00 a.m.;
the site owner’s four pets be the only dogs permitted to occupy the site owner’s house;
all old/existing buildings be dismantled within a period of four weeks of this decision; and
the application be reported to the next Development Control Committee scheduled for 12 August 2002 for determination.
Area Planning Officer (North)
Environmental Health Officer