Cattery at 15 Aghnacarra Road, Lisbellaw

What was proposed

The application sought to retain a cattery at the site.

“The application site is located immediately east of 15 Aghnacarra Road, within the settlement limits of Carrybridge. The site is accessed from the public Aghnacarra Road. Currently onsite there is an existing one storey dwelling, associated outbuildings and cattery to the northern gable.”

Officer report

Planning history and enforcement

Earlier permissions covered a replacement dwelling and loft accommodation, while a live enforcement investigation awaited this application’s outcome.

“Enforcement There is a live enforcement investigation at this site. Action has been held pending the outcome of this application…”

“Planning Application Number: L/1996/0392 Decision: Permission Granted Decision Date: June 1996 Proposal: Erection of Replacement Dwelling Application Number: L/2007/0611/LDP Decision: Permission Granted Decision Date: October 2007 Proposal: Provision of accommodation to existing loft space, upper level windows to side gables and 2 no roof lights to rear, including all associated internal alterations…”

Officer report

Why officers recommended refusal

Officers considered the cattery inappropriate in the small settlement and found that noise and general disturbance would harm nearby residential amenity.

“Policy DE01 - General Amenity Requirements Under Policy DE01 development proposals will not be supported where they would unacceptably affect: 1) the amenities of the area or the residential amenity of nearby properties or sensitive receptors; and 2) the existing use of land and buildings, public safety (including road safety) and visual amenity ought to be protected in the public interest These include: a) overlooking and/or loss of privacy, b) dominance or overshadowing,…”

“This proposed development is for the retention of a cattery within the curtilage of 15 Aghnacarra Road which is bordered immediately south by residential properties. Council have received objections from neighbouring properties raising concerns in relation to noise. It is considered that the close proximity of the development to residential properties and the noise created from the boarding cats would adversely impact upon the amenity of the nearby residential properties.”

Officer report

Consultation and representations

Two letters supported the proposal and two objected, with concerns including noise, disturbance, traffic, mapping and animal-related impacts.

“REPRESENTATIONS A total of 4no. representations have been received in relation to this application, 2no. of support and 2no. objecting. The issues raised from local neighbours objecting to the proposal are listed below: - ongoing noise disturbance, dogs barking and significantly impacts private amenity space…”

“- map attached to the application is incorrect and does not depict the property which lies immediately adjacent the boundary at 15 Aghnacarra Road - ongoing noise disturbance, loud caterwaul - A cattery has been established at the property but there also appeared to be a dog minding business, continuance of the dog barking - The shed and cat cage are linked to the proposed business - Proposed business increases the volume of traffic along the Aghnacarra Road - Animal cages…”

Officer report

Who spoke at the meeting

A supporter and the applicant argued that noise was low, assessments were favourable, and the cattery should be approved.

What members discussed

Members considered the noise assessment, neighbours’ experiences, amenity, possible physical conditions, management controls and the difference between licensing and planning permission.

“A Member stated that he had difficulty in quantifying the loss of amenity to the neighbours given that the report stated that the noise level was very low. He stated that there was a difference in how dogs were kept as compared to cats, which were still referred to as wild animals as opposed to domestic animals, and that the loss of the cattery service could result in cats roaming freely and causing a bigger nuisance.”

“In response to this and queries from another Member, the Principal Planning Officer stated that the noise report showed that there would be no real nuisance from the cats, however, the neighbours had submitted statements in relation to the noise and nuisance levels, and these must be balanced against each other, and this was a decision for Members.”

Minutes

The vote

The proposal to approve planning permission received eight votes in favour and two against.

“Given the divergence of opinion, the Chair stated that he would put the proposal to approve planning permission to a vote and voting took place as follows:”

Minutes

The committee’s decision

The committee approved the cattery and delegated authority to planning officers to attach conditions.

“RESOLVED: On the proposal of Councillor Maguire, seconded by Councillor Devine Gallagher, and by the majority of votes cast, that the above application be approved planning permission and that powers to attach conditions be delegated back to Planning Officers. (”

Minutes