By ANEEKA SIMONIS
CONCERNED residents can breathe a little easier following council’s decision to reject a permit for more than a dozen large dogs to be housed on a property in Menzies Creek.
Or at least they can for now – with indications the applicant, a champion dog breeder, will appeal the decision at the Victorian Civil and Administrative Tribunal (VCAT).
At a recent Cardinia Shire Council town planning meeting, councillors unanimously voted against a land development permit to keep 15 Rottweilers at a Wellington Road property.
The planning application, which had been addressed by council on a previous occasion, was rejected due to “unacceptable” noise and amenity impacts likely to be caused by the animals.
In making their decision, council referred to Environmental Protection Authority (EPA) noise control guidelines which suggest kennels should be located at least 500 metres from surrounding residential areas.
However, the applicants – Steve and Carrie-Anne Kiely – had applied for a reduced setback, planning to build the kennels within 90 metres of at least one neighbouring home.
“I would feel a lot of sympathy for neighbours in that region with that many dogs of that size in that area without any acoustic panelling to assist the noise,” said Councillor Graeme Moore, who first moved to reject the planning permit.
“As a council, we have a responsibility to residents in nearby properties.”
Six objections were lodged in response to the permit, largely centred around concerns with property devaluation, safety and noise.
The Gazette was unable to make contact with the applicants following the council ruling, however, previous interviews with Mr Kiely indicated intentions to appeal the decision through VCAT.
Under current council laws, the Menzies Creek residents, who live on a 0.89 hectare (2.2 acre) property, are entitled to keep two dogs on their property without permit.
It is believed Mr Kiely has five rottweilers registered at the property – none of which had attracted noise or safety complaints from surrounding neighbours, he said.
“We’ve not had one single complaint in six years living here,” he said.
