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Court to decide kennel’s future

Bathurst Council Chambers.A CONTROVERSIAL development application to open a new kennel and cattery at Dunkeld is having its day in court.
Nanjing Night Net

Commissioner Morris heard the matter in a Land and Environment Court hearing in Bathurst yesterday.

It is expected his ruling in the long-running battle between Bathurst Regional Council and Brendan McHugh over the proposed development at 108 Marys Lane could be made as early as this morning.

Proceedings started yesterday morning with a site inspection before returning to the Bathurst Court House for legal argument.

Mr McHugh had previously warned council that if they did not approve the kennel and cattery he would have no alternative but to take them to court and that he had every reason to believe he would be victorious.

Those sentiments were echoed by council’s former chief town planner David Shaw at its December meeting last year.

Mr Shaw had recommended the development be passed after Mr McHugh amended his plans to address noise concerns raised by neighbours.

He tabled an extensive 26-page report, including 28 conditions the applicant must meet if the development was to get the green light.

Council had previously gone against Mr Shaw’s original recommendation to pass the development in September and refused to allow the development to proceed, based mainly on noise concerns.

The refusal followed a groundswell of opposition from nearby residents in the vicinity of Marys Lane. As well as the noise issue, residents were also concerned about traffic movements in that area.

If Mr McHugh wins the court battle against council, he will be able to proceed with his proposal to build the kennel and cattery that would allow a maximum of 24 dogs at any one time, as well as 20 cats and 20 other small animals.

According to Mr Shaw’s reports, the proposed development is admissible within the zone and consistent with the objectives of the zone.

“The development is in accordance with the Development Control Plan (DCP) provisions as adopted by council,” his report stated.

“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

This story Administrator ready to work first appeared on Nanjing Night Net.

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