The order of the Tribunal is that the decision of the Responsible Authority is set aside. A permit is granted for the use of the land for Greyhound Keeping and Training at 122 Kronks Lane, Woodend generally in accordance with the endorsed plans and subject to the following conditions:-

1. Before the permitted use starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show no buildings or works associated with the use other than buildings or works completed by the 1st August 2001.

3. The use of the site shall be carried out in accordance with the endorsed plans. This permitted use or the endorsed plans shall not be altered or modified without the prior written consent of the Responsible Authority.

4. Except with the written consent of the Responsible Authority, not more than 17 adult greyhounds and 18 pups can be kept or trained on the site at any one time. For the purpose of this condition a pup is a dog not older than six (6) months.

5. No polluted drainage shall be discharged beyond the boundaries of the land to the satisfaction of Council's Environmental Health Officer.

6. The operator of the premises must take all necessary steps to ensure that no noise or other disturbance emanates from the premises which may cause a nuisance to adjoining occupiers or detriment to the amenity of the neighbourhood, to the satisfaction of the Responsible Authority.

The Responsible Authority is directed to issue a permit in accordance with this order under the provisions of Section 85(1)(b) of the Planning and Environment Act 1987.

Ms Fiona Slechten, Town Planner, appeared on behalf of the Responsible Authority.

The following Respondent/Objectors appeared on their own behalf and on behalf of their families:

Mr Geoff Underwood, Town Planner, appeared on behalf of the Applicant for Review and Permit Applicant.

1. This is an application to review the decision of the Responsible Authority to refuse permission for the keeping and training of 35 greyhounds at 122 Kronks Lane, Woodend. The Responsible Authority issued a notice of refusal to grant a permit for the following reasons:

"1. The proposal is contrary to objectives of Clause 15.05 of the State Planning Policy Framework and Municipal Strategic Statement relating to Clause 21.02.

2. The proposal is contrary to the objectives of the Woodend Township Local Policy (Clause 22.02-3) in relation to future expansion of the urban area.

3. The proposal will not produce an acceptable outcome in terms of the decision guidelines contained within Clause 65 of the Macedon Ranges Planning Scheme.

4. The proposal would prejudice the proper future planning of the area.

5. The proposal would be detrimental to the outlook and amenity of the area.

6. The proposal is not in keeping with the use and development of surrounding land."

2. The following extract from Ms Slechten's submission describes the site, the surrounding properties and the proposal. The excerpt also describes how the land has been used for the proposed purpose, albeit without the proposed kennels, for some six years without planning permission.

"The appeal site is Crown Allotment F, Section 68, Parish of Woodend, No. 122 Kronks Lane Woodend.

The land is relatively flat and contains few mature gum trees towards the north and west of the allotment. A small drainage line runs diagonally through the site in the south west corner. There is no dwelling on the site.

The land comprises an area of 2.73 hectares (6.8 acres), and contains an existing training run, starting box education unit, brood bitch pens and young dog runs. The site has frontage to Kronks Lane however the road is unmade at this point.

At the time the application was determined by Council (Feb 2001) the applicant advised that there were already 30 greyhounds on the property, approximately 4 of these dogs were brood bitches, 5 were twelve months old, 9 around 6 months old and approximately 15-16 were puppies. (It can be presumed that all of these dogs are now six months older).

The applicant has advised that the property has been used for greyhound training for approximately 6 years and that he had verbal approval that he could have greyhounds on the site prior to commencing the use.

Council records indicate that no Planning Approval has been given for the greyhounds currently on the site. A search of previous Planning Schemes has however indicated that Planning Permit would have been required for the keeping of greyhounds at the time the use commenced.

The applicant lives on the opposite side of Kronks Lane on the corner of Dryden Court. A number of greyhounds are also kept at this site and utilize the training runs on the subject land. When the training runs are used power is provided via an extension cord across Kronks Lane to the property.

Attached at Appendix 1 is a list of greyhounds registered with Greyhound Racing Victoria at the property of 122 Kronks Lane Woodend.

The adjoining and surrounding properties have areas of approximately 2.73 hectares (6.8 acres).

Land immediately adjoining the site to the west contains a medium sized shed and the remains of a greenhouse, there is no dwelling on this site.

Further to the west is a dwelling that is used for residential purposes and bed and breakfast accommodation.

Land to the south west contains a large two storey dwelling which is also used as bed and breakfast accommodation and holds a Planning Permit for up to 10 persons.

Land to the south contains a small cottage which is used for residential purposes.

Land to the east contains a dwelling and vineyard and land to the south east contains a dwelling which is used for residential purposes.

Land immediately to the north is vacant and also zoned Rural 2. Land to the north east contains the applicant's dwelling and the Woodend Industrial Estate all of which is zoned Industrial 1. The Industrial Estate is screened from the road by large cypress pine trees.

Attached as Appendix No. 2 are plans indicating the location of the land.

The application proposes the breeding and training of greyhounds at 122 Kronks Lane Woodend.

The application was received in July 1999 and originally proposed a total of 50 greyhounds on the site. Following receipt of objections to the proposal, an applicant/objector meeting was held. Subsequent to the issues raised at this meeting the applicant reduced the total number of greyhounds to 35.

As such the proposal before the Tribunal is for a total of 35 greyhounds on the property, 17 of these will be mature dogs and the balance (18) will be puppies.

The proposal includes the development of a kennel building which will house the 17 mature dogs. This building is to be lined with colorbond sheeting and will be insulated with 80 millimetre polystyrene to reduce noise emissions.

The applicant proposes to landscape the site to provide visual screening form neighbouring properties and to provide planting along the drainage line.

The site is not connected to reticulated sewerage and therefore all dog waste will be treated by a septic tank system.

The site is to be under the control of a manager between the hours of 7.00am to 7.00pm. Outside of these hours the greyhounds will be secured in kennels and locked runs.

The applicant lives on the north side of Kronks Lane to the north east of the subject site. The applicant has advised that this is an adequate arrangement with regard to controlling any potential noise or unusual problems with the dogs at night.

A limited number of dogs are to be walked around the roads surrounding the site on a daily basis.

A copy of the application, including the supporting plan is attached as appendix No. 3.

Since the decision by Council to refuse the application, the applicant has constructed new runs on the site and undertaken a substantial amount of landscaping. New shelters have been erected near the southern boundary of the site."

3. The parties at the hearing made both written and verbal submissions and a number of photographs, plans and other documents were tendered to the Tribunal. The Tribunal inspected the subject land and its locality on Saturday 27 October 2001.

4. The Tribunal having considered the submissions inspected the site has formed the following conclusions:

s Greyhound keeping and training is generally an appropriate use of land within a rural zone. Greyhound keeping, like intensive animal industries are perhaps not earth based like more traditional agricultural activities, but do require quite large site areas for their own purposes, and reasonable buffer distances from other sensitive uses such as dwellings. While for uses such as poultry farms and piggeries buffer distances are primarily required because of the emission of odour, in the case of greyhound keeping it is the emission of noise which leads to the need for a buffer. It is because of these characteristics that rural zones usually have the most suitable sites.

s While the subject land is within a rural zone this entire area on the northern periphery of the Woodend township is divided into a large number of small lots similar in size to the subject land. Dwellings are common throughout the area with recent development being quite evident. An example of a more recent development is the prominent Latimer dwelling on land which adjoins the subject land to the south-west. Therefore, notwithstanding the zoning of the land new development is Rural Residential in character and this type of land use has in a sense encroached upon the subject land.

s The land and surrounding land is relatively flat, therefore the visual connection between the adjoining lots is very strong except where significant landscape buffers have been established, such buffers do not exist on the subject land or on adjoining sites.

s The existing development on the land associated with its use for greyhound keeping is quite unsightly. The application proposes screened planting but this will take some time to establish. Visual screening is of importance generally because of the effect of the development associated use on the visual amenity of the area. Visual screening is also important because visual screening avoids activity on adjoining land and the adjoining road, disturbing the dogs and causing them to bark and thereby creating the noise emission which is upsetting to neighbours.

s Even if one assumes that this developing rural residential character does not extend north of Kronks Lane there are potentially five dwellings within 150 metres of the subject land, and potentially a significantly larger number of dwellings within 500 metres of the land. The EPA guidelines for dog kennels observe that problems associated with barking dogs have been known to exist at distances up to 500 metres.

5. Having regard to these conclusions I have on balance formed the view that the proposed site is not sufficiently large for the relatively intensive use proposed. In a rural residential environment such as this the site would need to be large enough to include a significant landscape screen on the land, and to be effective the screen would need to be established before the use commenced. A solidly fenced enclosure might allow for the establishment of a use on a smaller site while at the same time allowing for the management of the dogs so that they do not cause any undue nuisance. However, I do not think that solid fencing is appropriate in a landscaped setting such as this.

6. Therefore, it is my conclusion that the applicant's proposal should basically fail. However, the use has been in existence on the land for some time, and for this reason I believe that the applicant should be given a reasonable time within which to re-order his affairs. For this reason I intend to grant a permit for greyhound keeping which will expire in 6(six) months. The provision will not include the new development which forms part of the permit application, in particular the new kennels building.