Dog Breeding and Boarding (Including Catteries) Establishments

CONTENTS1. PURPOSE .....................................................................................................12. AIMS..............................................................................................................13. WHERE DOES THIS POLICY APPLY..........................................................14. DEFINITION ..................................................................................................15. APPLICATION FOR DEVELOPMENT CONSENT.......................................26. CONTROLS...................................................................................................26.1. Minimum Allotment Size..............................................................................................36.2. Maximum number of dogs and cats (boarding) ........................................................36.3. Maximum number of dogs and cats (breeding) ........................................................46.4. Separation distances and screening..........................................................................46.5. Design material and animal welfare ...........................................................................56.6. Noise control ................................................................................................................56.7. Hygiene and waste management................................................................................66.8. Access, Crossovers and Parking Areas ....................................................................66.9. Advertising signs .........................................................................................................76.10. Additional requirements for the Calymea Street/Albatross Road area ...............87. IMPLEMENTATION ......................................................................................98. REVIEW.......................................................................................................109. APPLICATION OF ESD PRINCIPLES .......................................................10Page i

1. PURPOSEThe purpose of the policy is to provide guidance for persons establishing and operatingpremises for dog breeding and boarding establishments (including catteries) within the City,to protect resident amenity and ensure good animal keeping practices.The policy supercedes Council’s policy on “Keeping of Dogs in the Calymea Street/ AlbatrossRoad Area (Nowra) and Interim Guidelines for the Assessment of Development Applicationsthroughout the City of Shoalhaven”.2. AIMSTo ensure that dog breeding and boarding establishments (including catteries) are sited anddesigned to:prevent the amenity of the surrounding areas from being adversely affected by theemission of noise and odour from the operations of the establishment;prevent the discharge and waste beyond the buildings or areas in which the animalsare kept;ensure the animals are kept in conditions that meet animal welfare standards; andprovide guidance for good management practices for dog breeding and dog and catboarding establishments that are consistent with Animal Welfare Codes administeredby the Department of Industry and Investment and adopted by Dogs NSW and theGreyhound Racing Board.3. WHERE DOES THIS POLICY APPLYThe policy applies to land where animal boarding or training establishments are permittedwith consent under the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) asapplicable.The policy applies to premises where: there are 4 or more dogs kept, and there is provisions for boarding of dogs and/or cats; or more than one litter (dog or cat) at a time is kept.4. DEFINITION(This is the draft SLEP 2009 definition; if SLEP 2014 applies the definition is slightly different)Animal boarding or training establishment means a building or place used for thebreeding, boarding, training, keeping or caring of animals for commercial purposes (otherthan for the agistment of horses) and includes any associated riding school or ancillaryveterinary hospital.Page 1

SLEP 2014 definition is:Animal boarding establishment means a building or place where cats or dogs are bred,trained, accommodated or nurtured for gain or reward.Hobby Breeder means a person who keeps and/or trains two (2) and not more than four (4)dogs and is eligible to register with the Dogs NSW and complies with the Animal WelfareCode of Conduct.Professional Breeder means a person who keeps, breeds and/or trains 5 or more dogs andis eligible to register with Dogs NSW and complies with the relevant Animal Welfare Code ofConduct and/or is registered by the NSW Greyhound Board and complies with the relevantAnimal Welfare Code of Conduct.5. APPLICATION FOR DEVELOPMENT CONSENTApplications for development consent require the submission of details about the proposeddevelopment and completion of an application form and payment of fees. The DevelopmentApplication Form and related information is available from Council’s website:www.shoalhaven.nsw.nsw.gov.au and specificallyhttp://shoalhaven.nsw.gov.au/PlanningampBuilding/Developmentforms.aspxApplicants should also:(a) Submit a detailed management plan for the operations of the breeding and/or boardingestablishment;(b) Demonstrate by written statements how the operation of the premises will comply withthe relevant standards, including; Animal Welfare Code of Practice No 5 -AnimalBoarding Establishments and Animal Welfare Code of Practice –Breeding Dogs andCats (http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes);(c) Where the dogs being kept are greyhounds, demonstrate that the person andpremises are eligible to be registered by the Greyhound Racing NSW and will meetthe animal welfare standards;(d) Submit an acoustic report prepared by a person suitably qualified and experiencedthat includes an assessment of the design, construction details and materials todemonstrate that noise level output will be no more than 5dB(A) above establishedbackground noise levels; and(e) Submit details of the intended operators’ experience and competence in managementof a similar operation, including qualifications and references.6. CONTROLSThe controls include tables and acceptable solutions that contain the measures that ifsatisfied will generally lead to favourable assessment with conditions. Where the applicationdoes not satisfy one or more of the acceptable solutions, an applicant should address theperformance criteria and objectives if seeking consideration of variations on merit and submitappropriate information.Page 2

6.3. Maximum number of dogs and cats (breeding)ObjectivesO1. To ensure good animal-keeping practices are exercised.Performance CriteriaP1 The number of dogs and/or cats keptin breeding facilities are appropriate forthe size of the allotment.Acceptable SolutionsA1 The maximum number of dogsand/or cats being kept does not exceed:-(i)Hobby Breeders – up to four (4)dogs on premises and one litter onthe premises at any time.(ii)Professional Breeders- five (5) ormore dogs on premises and candemonstrate compliance with therelevant animal welfare codes andthe amenity of the neighbourhood isnot adversely affected.A2 The maximum numbers of cats willbe considered on merit and applicantsmust demonstrate compliance with theanimal welfare codes applicable to catbreeding.6.4. Separation distances and screeningObjectivesO1. To allow privacy to existing residential property on-site and to adjoining properties.O2. To ensure there is no unreasonable loss of amenity to existing residential property onsite and to adjoining properties.Performance CriteriaP1 Separation distances and screeningof establishment allows privacy toexisting residential property on site andto adjoining rural properties.P2 Separation distances and screeningof establishment mitigates visual, noise,odour and wind-blown impacts.Acceptable SolutionsA1 The kennels and exercise or trainingyards are a minimum separation distanceas follows:(i) Dwellings associated with the facility– 30m.(ii) Dwellings on the subject oradjoining lot not associated with thefacility – 250m.(iii) Other adjoining rural lots – 20m.A2 The facility is adequately screened tominimise disturbance to and from theanimals, particularly to minimise noiseoutput. Screening may includecombination of fencing, mounding anddense planting.Page 4

6.5. Design material and animal welfareObjectivesO1. To ensure the establishment is designed and constructed to be compatible andsympathetic to existing development in the area it is in.O2. To ensure the establishment is designed and constructed to ensure good animalkeepingpractices.Performance CriteriaP1 The establishment is designed andconstructed in a way that complementssurrounding development.P2 Good animal-keeping practice isexercised and maintained for theestablishment.Acceptable SolutionsA1 The established design includingorientation of buildings and facilities,materials and landscaping complementsthe surrounding development.A2 The kennels and exercise or trainingyards are designed and constructed tosatisfy the requirements of relevantanimal welfare codes.6.6. Noise controlA3 The applicant demonstrates bywritten statement, plans and details thatcompliance can be achieved.Note 1: The animal welfare coderequirements apply to both HobbyBreeders and Professional Breedersfacilities and operations.Note 2: Applications must address thecurrent published Codes from theDepartment of Primary Industry’swebsite at:http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes.ObjectivesO1. To mitigate and reduce noise impacts to existing residential property on site and toadjoining rural properties.Performance CriteriaP1 The establishment is cognisant ofand puts in measures to mitigate andreduce noise impacts to existingresidential property on site and toadjoining rural properties.Acceptable SolutionsA1 The animal boarding and trainingestablishments are designed andconstructed to ensure noise emitted doesnot exceeding 5dB(A) above establishedbackground noise levels.A2 A program of noise emissionsmonitoring will be carried out when theboarding and/or breeding operationscommence.Page 5

Note: Noise levels are to be measured atthe curtilage of the dwelling of thenearest affected residence.6.7. Hygiene and waste managementObjectivesO1. To ensure that satisfactory hygiene levels of establishment are maintained.O2. To ensure satisfactory treatment of waste and on-going waste management.Performance CriteriaP1 The applicant demonstratessatisfactory hygiene practices.P2 The applicant demonstratessatisfactory waste management.Acceptable SolutionsA1 A plan of management thatdemonstrates appropriate hygiene levelscan be maintained.A2 A waste management plan thatdemonstrates appropriate waste disposalcan be provided.A3 Solid wastes are kept in coveredcontainers prior to disposal.A4 Liquid waste is collected, conveyedand treated by a method approved byCouncil.6.8. Access, Crossovers and Parking AreasObjectivesO1. To ensure that adequate provision is made for access to the site and car parking forstaff and clients.Performance CriteriaP1 The design of carparking areas isconsistent with Council’s CarparkingCode.P2 The design and location of accessand carparking areas has regard to thesafety of pedestrians, cyclists andvehicles.P3 Vehicles are able to enter and exitthe site in a forward direction and stackparking arrangements are avoided.P4 There is sufficient car parking for staffand clients relative to the scale of theactivity.Acceptable SolutionsA1 A minimum of two (2) carparkingspaces are required. In the case ofboarding kennels, this should beincreased to three (3) car spaces. Thespaces shall be constructed to at least anall-weather gravel standard.A2 A bitumen/gravel access is required,minimum 3 metres wide at the propertyboundary splayed to 4 metres wide at thepavement edgeline. If the natural flow ofstormwater is impeded a 375mmdiameter concrete pipe will need to beplaced under the access in line with thetable drain complete with headwalls anderosion protection.Page 6

A3 When the distance from the roadtable drain to the property boundary isless than 10 metres an indented andfenced rural access is required.A4 Boarding kennels, public trainingtracks and other significantdevelopments shall provide off-streetparking areas and vehicle access waysconstructed to an all-weather gravelstandard, with a minimum compactedpavement thickness of 200mm, togetherwith associated stormwater drainage.Access ways shall be a minimum 4metres wide and carparking isdemonstrated to be sufficient for theproposal.6.9. Advertising signsObjectivesO1. To ensure that advertising structures and signs do not proliferate and that signagedoes not adversely affect and is in keeping with the character of the area.To ensure that there is adequate directional signage for kennels.Performance CriteriaP1 Advertising structures and signs arein keeping with the character of the area.Acceptable SolutionsA1 One advertising sign per property,located within the property.Note: Conceptual details of advertisingsigns and their locations should besupplied with the developmentapplication.Page 7

6.10. Additional requirements for the Calymea Street/Albatross Road areaThe area described in the map has been the subject of a policy on the keeping of dogsadopted in 1999 and reviewed from time to time. Due to the lot pattern and the existence ofanimal boarding and breeding establishments that have been required to comply with theearlier policy, there are additional criteria that will apply.Page 8

ObjectivesO1. To ensure good animal-keeping practices for the Calymea Street / Albatross Roadarea are exercised.Performance CriteriaP1 The number of dogs and/or cats keptin breeding and/or boarding facilities areappropriate for the size of the allotment.Acceptable SolutionsA1 The maximum number of dogs to bekept in a boarding facility is at a rate of10 dogs per 0.4 hectares , up to amaximum of 30 dogs, subject tosatisfying environmental and amenitycontrols outlined within the policy.A2 The maximum number of dogs thatmay be kept on an allotment within thearea to which this cause applies, withoutdevelopment consent is:(i) Less than 5000m2 – 2 dogs perallotment plus 1 litter at any onetime(ii) More than 5000m2 – 4 dogs plus 1litter per allotment at any one time(iii) All litters must be removed from theproperty within three months ofwhelping.A3 The number of cats kept per allotmentare justified by the submission of detailsfor a merit assessment.Note: A development application isrequired:(i) where the numbers proposed to bekept by hobby or professionalbreeders exceeds the abovenumbers.(ii) where boarding and/or trainingfacilities are proposed irrespectiveof the number of animals to be kept.7. IMPLEMENTATIONThe Development Services Group has responsibility for the implementation of this policythrough the assessment and determination of development applications.Page 9