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New Puppy Mill Proposal


Nekhbet
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:thumbsup: JRZipper - by all means put moral pressure on the Council BUT someone really needs to look at the application, see if it is complying development or something out of the ordinary which can in fact be contested.

I am in SA so don't know the Development Act in Victoria like JR obviously does but I imagine a lot of it is the same. Council can not refuse the application if it is in fact complying. The Development Plan for the shire will indicate if this property is zoned for this type of development or not.

Our development for a small boarding kennel (no we don't breed anything here :laugh: ) was non-complying - the kennel component was complying but the dwelling we proposed was not. If the objecting neighbours had objected to the house instead of the kennels they may have been able to have our development stopped - they didn't, all their objections were against the kennels which the Council could not take into account because they were the complying component of the development.

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:thumbsup: JRZipper - by all means put moral pressure on the Council BUT someone really needs to look at the application, see if it is complying development or something out of the ordinary which can in fact be contested.

I am in SA so don't know the Development Act in Victoria like JR obviously does but I imagine a lot of it is the same. Council can not refuse the application if it is in fact complying. The Development Plan for the shire will indicate if this property is zoned for this type of development or not.

You make a good point here Blue Fox. Objecting on the grounds of personal moral outrage does not usually get you far when it comes to planning applications. Councils could not refuse an application just on the grounds that some residents find the proposed use morally or ethically offensive if that use meets all the zoning requirements. Evidence that there is broad community opposition to the proposal could have some legs if the objection was based on the grounds that the development would impact on the social fabric of the community.

The application should be carefully examined to see what possible grounds for objections under the planning scheme there could be as per this advice from a planning advisory service:

"Anyone who thinks that a proposal will have an adverse effect on them, or is against the public interest, can object to the local council against an application for a planning permit. The objector must give written grounds for their objection and lodge them with the local council. The grounds for objection could include such things as the loss of agricultural land, loss of amenity (such as increased noise from traffic or loss of views), unsuitable design, worsening of the quality of air or water, loss of important native vegetation, or the impact on the social life of the township. The grounds should be based on the objectives of the planning scheme and the policies within the planning scheme."

JR

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With enough pressure the Council could change their development plan and make puppy farms non-complying within the district/shire, this would take a plan amendment report, but this would not stop this application if it is complying.

There are very good reasons that there are plans and legislation when it comes to development applications so that individuals can not influence approvals to suit themselves :eek: unfortunately this also means that ethical/moral grounds are not justification to reject an application.

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