Unauthorised outdoor dog kennels approved in secret

The unauthorised outdoor dog kennels and evening house

A dog boarding, training and breeding business, operating without consent at Palm Grove and strongly opposed by neighbours, was approved behind closed doors by Central Coast Local Planning Panel on Wednesday, December 9.

There was no public announcement of the meeting, which ran from 10.05am to 10.14am, nor was it livestreamed online, as Panel meetings usually are.

The supplementary meeting, held one day before the Panel’s regular meeting, was to consider a further report to the development application which the Panel requested when it deferred the matter in October.

The Panel decided on a 15-month trial period with a maximum 30 dogs, and then the owner, Mr K Lewis, must submit a new development application for approval to continue business at 604 Ourimbah Creek Rd.

After the 15-month period, operations must cease until further development consent is given.

The owner must also submit a Building Information Certificate application by the end of 2020 in relation to the unauthorised outdoor dog kennels.

Another requirement of approval is an independent acoustic assessment in January 2021 to compare operational noise levels to predicted noise levels, as well as identifying any further noise mitigation measures.

The Panel said the Council must prepare a policy on complaints handling and dispute resolution and maintain a complaint register and actions taken.

Another approval condition was that the business must appoint a manager who is contactable 24/7, and the manager’s phone number be supplied to adjoining neighbours in order to address an immediate concern regarding use of the property for dog boarding, training and breeding.

In July 2019, Council received complaints about the unlawful use of the 7ha site and about intrusive noise from barking dogs.

Council found the business, including the construction of outdoor dog kennels, was operating without development consent and issued non-compliance notices.

However, for some time, Lewis continued business until a Penalty Infringement Notice was issued, which led to Lewis’s development application 97/2020.

The DA received 45 submissions of objection including the absence of development consent, cleaning methods of the dog runs with the possibility of waste washing into Ourimbah Creek, noise impact from dogs barking, concerns for animal welfare, dog breeding not fitting the character of the area, the noise and smell of a large number of dogs driving away wildlife, and no confidence that a set number of dogs would be abided by the owner.

The Local Planning Panel’s unanimous decision of approval included that subject to the conditions imposed, the business was not expected to have an adverse social or economic impact.

Sue Murray

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