Agenda item

8.1

The Director of Development Services submitted a report informing Members of a breach of planning control in relation to the unauthorised use of a residential property as a base for a dog boarding/dog crèche business at 5 Cliffe Farm Drive.

8.2

The report stated that Planning Enforcement had received complaints from a number of sources in April 2012 with regard to the use of 5 Cliffe Farm Drive as the base for a dog boarding business. These complaints also mentioned that the owner of the property was operating a dog crèche and dog walking business from the property.

8.3

It was clear on receipt of these concerns that the animal warden service needed to be involved and as such regular joint site visits had been made throughout this investigation.

8.4

The premises were visited by a planning officer and enforcement officer to see what activity was actually taking place at the premises. The owner was advised at this initial meeting that the use of residential premises for this kind of business would be unacceptable and that any planning application, should it be made, would not be supported.

8.5

It was shortly after this initial meeting that the owner of the business advised officers that he was looking for alternative premises and that he would try and move the business away from his home.

8.6

In October 2012 the owner applied to change the use of a disused industrial building on Little London Road in the south area of Sheffield. This application was to convert the building into a dog day care centre where people can have their dogs looked after during the working day. Alongside this there was also a boarding element which would allow dogs to be kennelled for overnight stays.

8.7

After lengthy discussions and a number of amendments the application was granted permission conditionally on the 7^th December 2012. Work commenced on site quickly after this, however the owner has encountered some difficulties in obtaining the appropriate license for the premises.

8.8

Further complaints were received about the number of dogs at the premises in Cliffe Farm Drive and a Temporary Stop Notice was served in January 2013 in an attempt to limit the number of dogs at the premises to 3. This was the number that officers considered not to be unduly excessive for a normal family household to own, and at a level that could be undertaken without the need for planning permission.

8.9

The Temporary Stop Notice was served on 4^th January 2013 and lasted for 28 days. When the premises were visited during this time, excessive numbers of dogs were not witnessed and no reports were received. It was therefore considered at this stage that the notice was being complied with. In addition to Planning Enforcement action, the number of dogs the owner was permitted to house through his licence issued by the Licensing Service was reduced to 3 dogs, from the 6 that had previously been the case.

8.10

More recently however, reports had been received that more than 3 dogs were being looked after at the premises and when a joint visit with the Animal Warden took place it was found that there were at least 6 dogs in the property. There was no response from the owner to officer’s attempts to gain access to the property, in order to verify this for certain.

8.11

Complaints were received from local residents on Cliffe Farm Drive, and on Greystones Road concerned with a business being run from residential premises and its impact on neighbours, particularly with regard to noise and disturbance, from up to 18 dogs being housed or cared for at any one time, through both day and night. They also raised safety concerns as on a number of occasions dogs had escaped from the property and entered neighbouring gardens.

8.12

Further comments within the complaints referred to the distress and tension this caused for residents, and the reduction in property values and/or increase in the number of neighbouring properties for sale that had occurred as a result.

8.13

RESOLVED: That:-

(a)

the Director of Development Services or Head of Planning be authorised to take any appropriate action including, if necessary enforcement action and the institution of legal proceedings to secure the cessation of the use of 5 Cliffe Farm Drive as a base for a Dog Boarding/Dog crèche business for more than 3 dogs at any one time; and

(b)

delegated authority be given to the Head of Planning, in consultation with the Chair of the Planning and Highways Committee, to vary the action authorised to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of planning control.