Sarah Davison Planning / Planning for Animals

13/01/2024

16/10/2023

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

11/10/2023

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/

28/09/2023

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/

26/09/2023

14/09/2023

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

Save Mt Alexander Shire's Kangaroos

27/08/2023

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

08/08/2023

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

22/05/2023

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.

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...

20/02/2023

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

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....

06/02/2023

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.

27/09/2022

‼️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!

31/08/2022

A CONCERNING DEVELOPMENT

Whilst of course we support new hospitals, we urge you to support this petition from locals which outlines the various reasons why Ryans Rd in Diamond Creek is not an appropriate location for this development. We are really concerned about the fate of a beloved local kangaroo mob that have called this site home for generations. The locals lovingly watch over these kangaroos but if the development goes ahead their habitat will be fragmented and no doubt the disturbances will push them out on to the road. The other wildlife on the property, including wombats, echidnas and gang gangs, will also lose their precious habitat. The Victorian Labor government have other potential locations available that are more suitable for a hospital and won’t upset the lives of the resident people and wildlife.

👇Please sign here👇
https://chng.it/g2vxH9Dh7B

30/08/2022

EDIT: Permit granted 21 January, 2022 for broiler farm with capacity of 800,000 birds.
Website glitch has it still listed as advertised.

Current planning permit application in Gannawarra Shire for a broiler farm of 800,000 chickens.
This 'Kerang East Farm' is proposed on the Murray Valley Highway in Tragowel.
The Applicant is describing the proposed use as 'free-range' broilers, despite acknowledging the use will be intensive animal husbandry under the planning scheme, and:
- there will be 16 sheds with 50,000 birds in each; and
- there will be 16.62 birds per square metre.
If anyone in the local area is interested in objecting to the application, please let me know if I can be of assistance.
Advertised application linked below.

Information about planning permits

02/07/2022

A Noosa Springs development application faces 400 objections as it alters plans to take into account community concerns, promising to provide added habitat for koalas. 🐨 Read more 👉 https://bit.ly/3a6MJnq

27/06/2022

A recent Red Dot Decision 'Dahlenburg v Hindmarsh Shire Council', is notable for permit expiry issues, but interestingly highlights how the animal agriculture industry operates.
This one involves the infamous 'Luv-A-Duck' business in Nhill (ducks are farmed without access to water, amongst other welfare issues).
A permit amendment had been granted for an increase in the number of ducks from 12,000 to 24,000, AS WELL AS for the development of additional sheds to house them in.
Luv-A-Duck was found to have doubled the number of ducks, but it never built the sheds. Instead, apparently the capacity of the duck farm has been "increased within the existing sheds" (i.e. more got crammed in).
So we find that even when the correct planning process takes place, animal exploiters will always find a way to further harm animals for profit.
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT//2022/669.html

12/05/2022

More land clearing, care of the Victorian government . . . this time near Western Port.
https://www.theage.com.au/environment/climate-change/minister-backs-western-port-woodland-clearance-to-expand-sand-mine-20220511-p5ak9l.html

The Andrews government has given the green light to clearing native bushland to make way for the controversial extension of a sand mine near Western Port.

05/05/2022

Absolute craziness . . . that plantations serving as koala habitat can be felled without any requirement for animal relocation.

The Victorian government is a disgrace. Zero transparency.

This clearing is happening tomorrow in Moorabool Shire.

https://www.theguardian.com/environment/2022/may/05/wildlife-activists-make-11th-hour-plea-to-save-koalas-before-victorian-blue-gums-logged

State government rejected proposal to relocate endangered animals in Gordon plantation despite concerns for their safety