Planning body backs Tipperary kennel owner in dispute with neighbours
A disagreement between neighbours and a dog kennel operator in Tipperary has ended with An Coimisiún Pleanála upholding permission for fencing at the site, despite objections centred on the scale and impact of the kennel operation.
Viara Guentcheva was granted permission by Tipperary County Council to retain fences that had been erected at their property at Grallagh, Ballinure, in Thurles.
However, several of Ms Guentcheva’s neighbours were unhappy with the granting of planning permission, and lodged an appeal with An Coimisiún Pleanála.
The appeal, lodged by Denis Looby, Nicola Kidd and Padraig Kiely, centred on their issues with the dog kennel operation, which say that they are “seriously and adversely impacted by the kennel operation.”
Retention permission for the overall kennel development was granted in 2020, with the council stipulating that a maximum of nine dogs were permitted at the kennels, but the neighbours say that there is frequently more dogs on site than permitted.
"The current kennel operation is far larger than the operation permitted,” the appellants said. "It seems likely that this has always been the case and that the 2019 planning application was made under false pretences,” they added.
“The applicant’s website states … that ‘we have space for 20 dogs in our main building’. There are often more than 30 dogs on site. The most counted by neighbours at any one time was 39,” the appeal letter states.
Dogs barking at all hours of the day and night are also a major issue for the appellants, who said that the kennels “have been constructed with an apparent total disregard to the residential amenity of neighbours.”
"The chief impact is the round-the-clock noise of dogs barking. There is also light spill into adjacent houses and gardens from security lights,” they added.
"Despite the original application stating that the property would not be used for commercial purposes, current operations appear to involve commercial activity,” the neighbours said.
A promotional video online states that the site takes in retired racing greyhounds, giving them a place to call home until they are adopted as a pet, with no charge for people who want to adopt a dog.
In response, the applicant raised concerns that the grounds of the appeal were different to the matter that was currently seeking retention permission, and that the keeping of greyhounds on the site is a hobby, not a commercial entity.
Despite the residents’ concerns, an An Coimisiún Pleanála inspector agreed with the applicant, saying that the appeal does not specifically refer to the fences that the applicant is seeking planning permission for.
"The contents of the overall appeal do not specifically refer to the fences which are the subject of this application,” the inspector said.
"I note that the substantive issues for concern arising from the grounds of appeal predominantly relate to the overall operation of the permitted kennels on site … I would consider that where concerns are raised in relation to the operations of the permitted use, this should be explored through planning enforcement.
"The concerns raised in this regard are outside the scope of this appeal,” the inspector added.
Retention permission for the fences was granted by the commission, subject to two conditions.