The inspector held the main issue was the impact of retaining the animal rescue centre use on the living conditions of nearby residents with regards to noise and disturbance, odour, pedestrian and highway safety. The enforcement against the change of use related to the keeping of 46 cats, five dogs (although 10 had been present at the site in the past), two rabbits and two tortoises. The council had received a number of complaints about noise disturbance, odours and general comings and goings. The inspector noted that the use required a team of dog walkers and volunteers on a daily basis, the siting of a large trade waste bin and that although the dogs were kept in the house, there was no way of mitigating against the noise of howling or barking dogs. In conclusion, he found that the change of use, although admirable, was not accceptable in such a residential location and caused material harm to the enjoyment of nearby residents' homes and the intensification of the use from purely residential was a material threat to pedestrian and highway safety. He also held that a temporary consent was inappropriate and upheld the enforcement notice for the use to be removed within three months.
Inspector: Richard Jenkins; Written Representations