Dog breeder Ashley Fenn lodged a development application with MRC earlier this year for a facility on Thyra Rd, Moama, that could house a maximum of 200 dogs and 120 pups.
The plans were met with criticism from animal advocates and led to a petition that attracted 38,000 signatures in February.
During council's monthly meeting on Tuesday, April 27, councillors heard three deputations put forward from Oscar's Law founder Deb Tranter, NSW Animal Justice Party MP Emma Hurst and a consultant on behalf of the applicant.
“Oscar’s Law has a long and proud history of fighting against these applications, often successfully,” Ms Tranter said.
“We object to this permit for a number of reasons.
“Council has already approved an Ashley Fenn/Benj Geerling animal business at 602 Old Deniliquin Rd. It would be a mistake to approve any additional businesses.”
Ms Hurst was unable to attend the meeting, but her deputation was read out by Mayor Chris Bilkey.
“The community does not want to see dogs intensively farmed in commercial facilities, where they are treated like breeding machines, forced to pump out litter after litter for the duration of their lives — particularly when there are already so many dogs in need of good homes in pounds and shelters,” her statement read.
“I appreciate that council is in a difficult position. With puppy farming now banned in Victoria, intensive dog breeding facilities are moving across the border to set up shop in NSW, where our weak animal protection laws allow these facilities to exist.”
The consultants said in a statement the planning application complied with council's requirements.
“A noise report was prepared by Marshall Day Acoustics, which confirmed that the proposed use will not create an adverse impact in terms of noise and will operate in accordance with the EPA’s Noise Policy for Industry,” the statement said.
“The proposal largely complies with the requirements of council’s Draft Companion Animal Policy.
“In summary, the development largely complies with all the relevant town planning matters for consideration and should be approved in this instance.”
The matter was put to council for a confidential vote where the application was approved five to four. All councillors were contacted, with Crs Tom Weyrich, Tony Aquino, Geoff Wise and Nikki Cohen confirming they voted against, while Crs Gen Campbell and Neil Gorey voted for the application.
“The approval was based on the proposal complying with the planning considerations in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979,” council chief executive Terry Dodds said.
“Nevertheless, council also amended the motion to write to the relevant minister to ensure issues associated with dog breeding, animal welfare and the scale of these types of developments are considered in the new NSW Animal Welfare Code of Practice — Breeding Dogs and Cats.
"Council does understand that our community may have mixed feelings regarding the decision to approve the proposal.
"However, council can only make decisions in accordance with the NSW Government planning instruments under the act.
"MRC does acknowledge the current NSW Animal Welfare Code of Practice — Breeding Dogs and Cats is outdated, and any reiteration of the code should consider the cross-border implications that are particularly relevant to the councils along the NSW/Victorian border.”
Mr Fenn said he was keen to begin the project after the application was approved.
“I am pleased the development permit was approved by council and look forward to commencing the project,” he said.
“We look forward to supporting the economic development within the shire and becoming a part of the business community.”
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