REFUSING plans for dog breeding kennels in Ebbw Vale because of animal welfare reasons could leave the council open to an appeal, planning officers have warned.

Blaenau Gwent councillors resolved to refuse a proposal to convert a former stable into 30 kennels at Star Fields, Mountain Road, earlier this month.

Concerns the application went against the spirit of Lucy’s Law, which requires animals to be reared in a safe environment with their mother and is supported by the council, and over the suitability of the building for keeping up to 25 dogs on site were voiced.

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Planning officers are now drawing up reasons for refusing the application ahead of a meeting next week.

While councillors have resolved to refuse the application – against a recommendation to approve – a decision notice is only issued after reasons for refusal have been decided.

A council report says the decision to refuse was made because councillors “agreed with the vast majority of third party objectors that this was not a suitable building for animal welfare reasons.”

“I can appreciate why members have sympathy for that position,” Steve Smith, Blaenau Gwent council’s service manager for development writes in a report.

“Animal welfare is an emotive subject.

“However, there is a separate regulatory regime in place to enforce such matters.

“In our case, the service is provided by Powys County Council.

“It is a fundamental principle of the planning system that it should not seek to exercise control over matters dealt with by separate legislation.

“That appears to be the case here. Whether the building is capable of complying with animal welfare legislation (including Lucy’s Law) is for colleagues in environmental health to enforce.”

A petition against the plans was signed by around 7,800 people, while 102 emails objecting have been sent to the council, as well as concerns from the MP and AM.

One email was lodged in support of the application, from a veterinary nurse, saying the applicant fulfils the medical needs of puppies in his care.

But a planning decision “cannot be based simply on the volume of letters received”, Mr Smith adds.

“In my view, if planning permission is refused for animal welfare reasons, the council will be unable to robustly defend its decision at an appeal,” the report adds.

The report advises councillors to decide the application on its “planning merit.”

Any concerns over animal welfare can subsequently be referred to the environmental health department, it adds.

Proposed reasons for refusal, to be discussed by the committee next Thursday, state: “The building is unsuitable for housing large numbers of dogs in pens without prejudicing the health and well-being of the animals.

“Further, breeding of dogs at this location would not comply with the spirit of Lucy’s Law.”