The Scottish Government has backed Livingston residents who complained about plans for a dog exercise park near their homes.
A planning Reporter rejected an appeal against West Lothian Council’s refusal to allow the park to continue to operate.
Supporting homeowners in Murieston, the Reporter, Simon Bonsall, said the daily operation of the park could mean “12 hours of barking.”
H&J Russell appealed against the council’s rejection of a planning application last year.
Objectors living in Skivo Wynd said that barking noise had been “funnelled” from the dog run which operated on the southern fringe of the town at Murieston .
They complained about "constant" noise from barking dogs drifting across fields from the park at Murieston Castle Farm to the south-west.
The dog run park was on land belonging to the farm which is outside the settlement boundary of the new town, with the nearest residents living in Skivo Wynd, a little over half a mile (100m) away, and northwards up a slope.
Issuing a rejection of the appeal Mr Bonsall, a Reporter appointed by the Scottish Government’s Division of Planning and Environmental Appeals (DPEA) said: “The operational hours would coincide with times when residents would be likely to use their gardens.
“I consider not all dogs using the facility would bark, bark all the time, or bark at the maximum noise level, resulting in unpredictable noise effects.”
He added: “ I consider the eight to twelve hour daily operation to be a significant duration where noise would be likely to be created. While all sessions may not be filled, this cannot be relied on to provide breaks in the noise and the appellant does not support reduced operational hours.”
The Reporter added that mitigation proposals to limit the number of dogs using the run to three per session were not enough.
He said: “As not all customers are anticipated to arrive by car, I am unconvinced that the five minute staggered booking proposal would robustly ensure the three dog limit is maintained. It could result in times when a larger number of dogs meet each other on exiting and / or entering, which could result in increased barking.”
Mr Bonsall added: “Noise is an important amenity and health matter. In this case the potential noise impacts would not be overcome by other aspects of the proposal that are in line with the development plan.”
At the initial meeting of the Development Management Committee councillors heard often emotional evidence from the nearest neighbours who live in Skivo Wynd, a cul de-sac on the edge of Murieston.
One resident asked: “Why can’t the residents, who bought these homes to live in peace, have that?
And she added, that if permission was granted: “I would like it if someone could explain why dogs got preference over human beings.”
The applicants had applied in retrospect for planning permission for a change of use from agricultural land to a dog exercise field.
Describing Skivo Wynd as a “suburban setting” agents for the applicants said in their submission to the DPEA: “Barking dogs would likely be a common background noise feature in this type of setting.”
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