Sarah Davison Planning / Planning for Animals

Case from TASCAT - illegal operation of a commercial breeding kennel (Tassie Devil Labradoodles) in a residential zone. Owner was allowed to have a kennel but not allowed to breed - she had sold numerous puppies from the residence. It was established that dog breeding cannot be a home occupation use.

Full case here: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/tas/TASCAT/2023/185.html

The woman who owns Tassie Devil Labradoodles has been prohibited from breeding and selling puppies on Facebook from her Perth home. Here's why 👉 https://bit.ly/3QfiKMn

Our client is bitterly disappointed.

This afternoon the Federal Court dismissed the Living Wonders climate cases.

It’s an outcome that says that, without urgent reform, it is somehow not our Environment Minister’s job, under our national environment laws, to protect our environment from the catastrophic climate harm of coal and gas.

ECoCeQ is considering all legal options, including full Federal Court appeals and urgent injunctions.

But whatever happens next, today's decision does not change the science.

You don't need to be a lawyer or a scientist to know that climate change fuelled by coal and gas is the single biggest threat to our home.

The science is clear.

Read our media release: https://livingwonders.org.au/media/living-wonders-verdict-shows-australias-environment-laws-are-failing-us-in-the-climate-crisis/

Very useful summary of Victoria's Housing Statement here:https://cur.org.au/cms/wp-content/uploads/2023/09/vic-housing-statement-explainer.pdf

And other links here: https://cur.org.au/news/understanding-victorias-housing-statement/

cur.org.au

Sign to support Mount Alexander Shire in their fight against commercial kangaroo killing.

Sign the Petition Save Mt Alexander Shire's Kangaroos

FOX HOUND KEEPING

This case involved the Melbourne Hunt Club seeking a declaration from VCAT that the keeping of up to 30 fox hounds was ‘Animal husbandry’ rather than ‘Domestic animal husbandry’ (in order to avoid planning permission for use). The location was Wellington Shire.

VCAT found in its favour. Indeed, the Member decided that fox hounds – dogs – were not domestic animals.

This was despite the need for a kennel master to live onsite and despite the fact that when retired, the hounds are often housed in the homes of hunt club members.

This was essentially a characterisation of use matter, but nevertheless interesting as it involved a ‘sport’ so cruel it has been banned in the UK since 2005.

I unsuccessfully tried to join the proceeding as an interested party, however the Tribunal found that my interests as ‘a member of the Victorian community, as a town planning professional and as a person with an interest in animal welfare and protection’ were either not sufficient to warrant joinder, or irrelevant.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2022/1470.html?context=1;query=Melbourne%20hunt%20club;mask_path=au/cases/vic/VCAT

MORE AND MORE BROILERS

A recent Tribunal decision, Rokewood Livestock Farms Pty Ltd v Golden Plains SC [2023] VCAT 855, approved a 400,000 bird broiler farm in Shelford (near Geelong), in the Golden Plains Shire Council area.

Council failed to decide on the permit application within the prescribed time, but indicated support for the proposal, and there were a number of respondents who opposed the proposal.

The Golden Plains Planning Scheme actually identifies a Food Production Precinct, where ‘intensive animal production’ is encouraged. This site is located outside of the precinct, although still within the Farming Zone.

The Tribunal found that the purpose of the Precinct was to encourage such uses within that area, but that it was not intended to discourage the location of such uses elsewhere.

Interestingly, despite common sense and persuasive arguments from the representative for the respondents, the Tribunal Members found that the broiler farm essentially represented ‘best use’ for the land (or at least an acceptable planning outcome) that would not displace productive agricultural land.

In fact, they equated a broiler farm - which involves the confinement of chickens within a shed with a concrete floor, and with all feed brought onto the site – with grazing cattle. Once again, deliberately ignoring the fact that intensive animal production is frequently an *industrial* use, and does not need to be located within a Farming Zone, as there is no connection to the land whatsoever.

The decision did include some commentary on animal welfare:

“Our task is not to determine whether the Broiler Code leads to appropriate conditions for chickens and their welfare.”

And further, an extract from Council’s submission:

“Any changes to animal welfare standards are a matter for State authorities and the moralities of intensive animal production practices is not a planning consideration.”

All in all, a typical factory farming case, with a skewed and narrow consideration of clause 65 and section 60 of the PE Act, highlighting the prevailing animal-industrial complex bias.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT//2023/855.html

Live sheep export - have your say!

"The phase out will not take place during this current term of the Australian Parliament."

Despite Albanese taking this to the election, the Government seems to need further consultation - supposedly on the how and when.

Promisingly, it is stated that:

"Consultation will not consider the merits or otherwise of the government’s policy to phase out live sheep exports by sea."

Follow the link to submit your views. This commitment cannot be rescinded.

Phase out of live sheep exports by sea - DAFF Overview The Australian Government has committed to phasing out live sheep exports from Australia by sea. The phase out will not take place during this current term of the Australian Parliament. This will provide time for individuals and businesses to prepare for a transition away from live sheep ex...

https://www.mpnews.com.au/2023/02/20/police-rspca-called-over-foal/

Police, RSPCA called over foal - MPNEWS THE RSPCA is investigating reports of a sick foal seen on a Mount Eliza property that has alleged been linked to other reports of suspected animal neglect. The animal welfare organisation confirmed last week that investigators were looking into complaints that a new-born foal was seen by passers-by....

Quick version of a long story . . . downed foal in Mount Eliza today, MP Shire Council, RSPCA and police all failed to assist. Landowner was completely unprepared and had no vet assistance on hand. Foal had been unattended since birth, possibly several hours. I have no doubt this poor foal died soon after he was taken from a far paddock where birthed to closer to the dwelling (all with the assistance of a bystander as police refused to do anything). Disgraceful.

‼️BREAKING: This morning, the Bundaberg Regional Council voted unanimously to refuse the development approval for the Kanche Kennels puppy farm in Wallaville.

The chihuahua breeder has been operating without a permit for some time now, so this decision will require the applicant to either move or close down.

The applicant can still appeal this decision, but the council have indicated that several planning requirements have not been met. We will keep you posted, in any case.

Thanks to the 3,000+ people who objected to this through our website. WE WON!