2. The Responsible Authority is directed to issue a permit for the use and development of the land being Lot 2, LP212570Q, Parish of Millewa and known as 139 Echuca West School Road, Echuca generally in accordance with the Notice of Decision to Grant a Permit issued by the Responsible Authority and dated 14 May 2003 but varied by the deletion of condition 5 and the consequent renumbering of conditions.

1 This is an application for review, pursuant to Section 82 Planning and Environment Act 1987, against the Notice of Decision to Grant a Permit issued by the Responsible Authority for the use and development of the land at 139 Echuca West School Road, Echuca for animal boarding.

1. The proposal will create land use conflicts with neighbouring land proposed to be developed for residences.

2. There is an inadequate buffer distance or separation distance between the proposed site for the animal boarding and neighbouring lands which are proposed to be developed for residences.

3. The EPA recommended buffer distance cannot be met for the Colturi land to the east.

4. The proposal is contrary to proper and orderly planning.

6. The proposal is discouraged by State and Local Policy.

3 The subject land is a total area of 20 hectares. It contains a dwelling, 84m² shed, horse shelters and fenced paddocks.

4 It is proposed to use and develop the land for animal boarding. The proposal is for the construction of 22 kennels and 8 cat shelters, with three fully enclosed canine play/exercise yards and private runs at the end of each cat shelter. Two sheds are proposed to be constructed for the kennels east of the existing dwelling with the play/exercise yards to be constructed to the south (rear) of the sheds. The cats are to be contained within the existing shed to the south of the dwelling, with the cat runs to the south of this shed.

5 It is proposed to house all dogs in acoustically baffled kennels between the hours of 4.00pm and 9.00am. Delivery and collection times are to be restricted to 9.00am to 5.00pm and feeding is to occur in individual kennels or shelters between the hours of 7.00am and 5.00pm. Access to the play/exercise yards is to be limited to the hours of 9.00am and 4.00pm.

6 The land is located within the Rural Zone (Clause 35.01) under the Campaspe Planning Scheme and is not affected by any Overlays. Under Clause 35.01-1 animal boarding is a section 2, permit required use and under Clause 35.01-3 a permit is also required to construct or carry out buildings or works associated with a section 2 use in Clause 35.01-1.

7 Having considered the oral and written submissions of the parties and the documents presented at the hearing, as well as inspecting the site and surrounds, it is the Tribunal's conclusion that the decision of the Responsible Authority be affirmed and that a permit be granted for the proposed use. The Tribunal has reached this conclusion on the basis of the reasons set out below.

8 The proposal is consistent with the purpose of the Rural Zone in which the land is located 'to provide for the sustainable use of land for extensive animal husbandry...', animal boarding being a sub group of animal keeping, which is nested within the broader definition of animal husbandry. The use is considered to also promote economic development compatible with rural activities and develop a new sustainable rural enterprise which is encouraged within the zone.

9 The Tribunal is satisfied that the kennels will be constructed at least 500 metres from nearby and proposed dwellings in accordance with the recommendations found in the EPA Noise Control Guidelines TG 302/92 and along with the acoustic treatment of the kennels will result in minimal if any noise impact to the surrounding area.

10 The Tribunal in reaching this conclusion recognises that Mr Colturi has a permit for the construction of a dwelling on land further to the east which would fall just within the recommended 500m buffer distance, this is not a mandatory distance rather a recommendation. The kennels are to be acoustically treated and there will be 24 hour supervision which should ensure that any noise can be adequately controlled so as not to cause an unreasonable impact.

11 Dogs are not uncommon in rural areas and can often be heard barking. It is also not uncommon for other dogs to bark when they hear other dogs barking. It is a matter for the owners of individual dogs to ensure that their barking does not result in a nuisance to persons in the surrounding area, similarly the operators of this kennel will be required to ensure that the dogs that are their responsibility do not create an undue nuisance. This is not an uncommon noise and with the ability of the operators to individually separate the dogs it is unlikely that any nuisance will occur.

12 It is not considered that traffic likely to be generated by this use will result in any unreasonable impact on the surrounding roads. The Responsible Authority's Design Engineer has recommended that the applicants enter into an agreement with the Responsible Authority to provide a dust suppressant seal to Echuca West School Road. This request appears to stem from the possibility of the use creating at least 30 vehicles per day. In this case it is unlikely that the number of vehicles generated by this use will be any more than 10 vpd and as such it is not considered that it would be necessary to impose such a requirement.

13 The enclosures are to have appropriate security gating and it is considered this will ensure there is no likelihood of dogs escaping. There is no indication that there will be any safety issues arising from the use.

14 The Responsible Authority has required in proposed conditions that there be appropriate landscaping which should ensure that there will be adequate screening of the kennels and cat shelter from the adjoining properties.

15 As stated above it is considered that the proposed use is appropriate within this area and the decision of the Responsible Authority is affirmed a permit is granted for the use of the land for animal boarding.