Councillors have rejected a controversial domestic dog boarding house on Rodger Road in Wandin North after it was shut down one year ago for operating without a permit.
The Happy Paws Boarding Farm’s application was unanimously rejected by Yarra Ranges councillors at the 25 November meeting after councillors weren’t satisfied it appropriately addressed concerns raised by residents.
The business was shut down late last year after neighbours to the Rodger Road property raised complaints surrounding barking dogs and animals escaping the property.
Rodger Road Resident Graeme Nation spoke at the meeting and said even with the added measures in the application, the noise from dogs barking at night couldn’t be ruled out.
“Based on the assumptions and expected noise levels, the assessment actually states that there’s still a potential risk of sleep disturbance associated with the barking events during overnight housing,” Mr Nation said.
“What we’re trying to say is, this application doesn’t suit our area. It’s not saying it’s a bad business, but it doesn’t suit our area.”
The application received 29 objections primarily surrounding noise from barking dogs, traffic safety and incompatible use in the Green Wedge Zone.
Property owner Stanley Li submitted a development application in July after the boarding house was shut down by councillors in late 2024.
Representing the applicant was Peggy Man, who claimed residents had provoked the dogs on the property last year, causing them to bark.
“The previous incident with… the dog barking was due to neighbours approaching the boundary fencing and deliberately provoking the dogs to bark, which we have a video to prove,” Ms Man said.
She said the shed had been fitted with acoustic lining and a 1.8 metre fence was installed to prevent dogs from escaping, and the boarding house would be staffed 24 hours to attend to dogs if they start barking.
“All the dogs will remain contained within the property and under 24 hours staff supervision… We mentioned that there is 24-hour staff that have over 15 years [of experience] in pet caring. They are able to pamper the pets within that situation.”
In the meeting agenda, council officers stated the measures put in place by the applicant adequately addressed the complaints raised by residents.
Council officers recommended the application to be approved, but only if the maximum number of dogs on the property was reduced to 18, if extra soundproofing was installed and if dogs were kept inside between 8pm to 8am.
But councillors decided to vote against the officer’s recommendations after they weren’t satisfied with the additional measures taken by the boarding house.
Cr Jim Child said he appreciated the effort of the applicant to address previous concerns, but he didn’t believe it was enough.
“I just wasn’t convinced with what I was hearing,” Cr Child said.
Councillors can only assess the planning application solely on the information provided within the application itself – past actions or instances of noncompliance cannot be considered as part of the planning decision.
Cr Tim Heenan said he took a “very dim view” on the business for operating without a permit for an unconfirmed period of time in 2024.
Cr Heenan said he didn’t understand the acoustic report provided by the applicant and believed it would be “Rafferty’s rules” if the application was passed.
“It would be band-aid job, after band-aid job, after band-aid job,” Cr Heenan said.
“I’m gravely concerned that the conditions would ever be adhered to if this application was allowed to go through,” he said.
Council mayor Gareth Ward said the application was rejected due to it not showing any proposed agricultural use which made it inappropriate for its Green Wedge zoning.
He said the business would represent a commercial intrusion into rural land and that the noise impact hadn’t been adequately addressed.
The alternate motion was moved and a crowd of residents applauded the outcome.
