1.     SITE DESCRIPTION / PROPOSAL 

1.1   The site is a bungalow located virtually opposite the junction with Dukes Close, and is close to the turning into Caroline Close.  The rear garden of the bungalow is parallel with Princess Close, and is bounded by a brick wall. 

1.2   The authorised use the bungalow is as a single dwellinghouse. This application is for the continued use of the dwelling for residential purposes and for the keeping of dogs.  

1.3   The applicant (and occupier of the bungalow) keeps 12 husky dogs at the property, for the purpose of dog sled racing abroad. The team name is Winterpaws. The dogs are kept in kennels within the back garden. Planning permission is required because, although the keeping of the dogs is not for a commercial purposes, the number of dogs is over and above that which would reasonably be considered to be ancillary to the domestic use of a dwelling of this size, and in a relatively close-knit residential area such as this. It is understood that dogs have been kept at the property for this purposes since the applicant became interested in dog racing in 2004.     

1.4   The dogs are kept at the property during the spring, summer and autumn, before travelling abroad to take part in racing in January and winter months. The applicant has stated that there have been noise problems when pups were present and no-one was at the property, but that has now been resolved. Noise now tends to occur only when the dogs are being loaded up in the van for training during autumn and early winter. Dog waste is collected on a weekly basis and the kennels are regularly cleaned, while the dogs are also regularly vaccinated, echinococcus and tick treated.     

1.5   A letter of support from the vet who tends to the dogs has been submitted. He states that the standard of welfare is exceptional, a high standard of hygiene is practiced, the space available for the dogs is good and that the dogs are happy and content in their environment. 

2.     RELEVANT POLICIES 

LDLP: -  ST3 - Design, form and setting of development. 

3.     PLANNING HISTORY 

No relevant planning history 
 

4.     REPRESENTATIONS FROM STANDARD CONSULTEES 
 

Main Town Or Parish Council - Object strongly as not appropriate in a residential area due to the anti-social nature of noise from 12 dogs.  Also hygiene concerns, especially in relation to flies. 
 

Environmental Health - The EHO has "visited the property on several occasions, as have other officers from this department, but from my point of view I am able to advise you that I have not personally witnessed any statutory nuisance from either flies, noise or odour. I have to say that, considering the number of dogs kept in a relatively small area, the yard had always been (at the time of my visits) in a very good state of cleanliness.

If permission is granted, a condition could be attached requiring the installation of drainage channels at the edge of the concrete runs, which could be connected to the nearby foul drain. This would help the cleaning process and ensure that waste water did not run onto the grass and would reduce the potential for odour nuisance." 

5.     REPRESENTATIONS FROM LOCAL RESIDENTS 

5.1   Three letters objecting on grounds of the "horrendous" noise and "awful" smells, especially when it is hot; that the use is inappropriate in this tight residential area, and the dogs should be kept in a rural location; in animal welfare terms the dogs should be kept in more suitable conditions.     

5.2   One letter received commenting that the applicant took great care about the cleanliness of the dogs and kennels, so there are no complaints about smells. However, there have been occasions when the noise has been horrendous, causing distress to the immediate neighbours. It would be fair to say that the owners have taken great efforts to minimise noise in recent months, largely thanks to the EHO who set up a noise monitoring device near the property. If permission is granted, a condition should limit the number of dogs which can be kept at the property. 
 

6.     PLANNING CONSIDERATIONS 

6.1   The site is a modest bungalow in the Valley Dip residential area. The main issues are considered to be whether the keeping of the 12 dogs at the bungalow is acceptable in terms of the character of the area and the impact on the living conditions of residents in the locality of the bungalow.     

6.2   The dogs are kept in kennels, which are within enclosures, within the back garden. The garden is relatively small and the enclosures take up most of its space. The garden is well screened by the boundary wall, existing garage and vegetation, and is at a lower level than the neighbouring garden to 53 Princess Drive. It is considered that the visual impact of the kennels/enclosures is acceptable.  

6.3   It is clear from the representations received from nearby residents, and at the applicant's own admission, that noise from the dogs has been a problem. Furthermore, it is understood that noise arises when the dogs are loaded into the van to be taken for training. The presence of 12 dogs at the property in this residential area could justify refusal on grounds of noise and disturbance to local residents. However, it appears that frequency of undue noise being generated has reduced since pups at the property have grown older, and since the applicant has been based at home rather than working elsewhere during daytime.  Undue noise has not been witnessed by officers visiting the site.  

6.4   It is considered that smell from the dogs could potentially be a problem. However, it is understood that good standards of hygiene and cleanliness are maintained at the site. Again, undue odours have not been witnessed by officers when the site has been visited.  

6.5   Overall, it is considered that the keeping of dogs could continue at the site, provided that conditions are imposed to control the use. Firstly, any permission should be personal to the applicant as the owner of the dogs. Secondly, any permission should be limited to one year, so that the position can be monitored in planning terms. Thirdly, the number of dogs kept in the rear garden enclosures should be limited to 12.  Lastly, the applicant should be required to provide improvements in drainage from the enclosures, as recommended by the EHO. 

6.6   Subject to the conditions outlined above, the proposal is considered to be acceptable.    

7.     RECOMMENDATION 

That planning permission be granted. 

The application is subject to the following conditions: 

1. The use for the keeping of dogs at 55 Princess Drive shall be carried out only by the applicant, Mr S Wightwick, and shall be for a limited period, being a period of one year from the date of this decision. When the property ceases to be occupied by the applicant, Mr S Wightwick, the use for the keeping of dogs shall cease.  

Reason: Permission is given to meet the needs of the applicant for a temporary 'trial period', in order that the Local Planning Authority can monitor the use, having regard to Policy ST3 of the Lewes District Local Plan. 

2. The number of dogs kept within the rear garden area shall not exceed 12. 

Reason: To limit the intensity of use in the interests of residential amenity, having regard to Policy ST3 of the Lewes District Local Plan. 

3. Drainage channels shall be provided at the edge of the concrete runs, in accordance with details which shall first have been submitted to and approved by the Local Planning Authority. The drainage channels shall be implemented within 4 moths of this permission, or within an alternative timescale which shall have been agreed within the Local Planning Authority.  

Reason: To reduce the potential of odours from undisposed waste water, having regard to Policy ST3 of the Lewes District Local Plan. 

This decision is based on the following submitted plans/documents: 

PLAN TYPE   DATE RECEIVED REFERENCE 

 
 
 

Summary of reasons for decision and any relevant development plan policies/proposal: 

It is considered that the proposal meets the aims and objectives of Local Plan Policy and respects the character of the location, complying with Policy ST3  of the Lewes District Local Plan.