I, Trevor Croll BE Electrical U of Q, JP Qual proprietor Waterford Boarding Kennel and Cattery (see www.thebogpoodle.com) battle to ensure your pets are well cared for, are happy and healthy for you, my customers.
The property 17-23 Buccan Road Buccan carries a lawful
fettered right that no Council, and that means the Logan City Council, can
revoke to have up to 75 dogs (not including puppies under 3 months) and
unlimited cats. This fact is supported by the legal decision in Neil
Fooi-Fong Robertson and Geraldine Fooi-Fong Robertson v the Beaudesert Shired Council Local Government Act 1936 the Hon. Mr Justice Shepherdson No.10711 of 1998
In paragraph 43 By-law 17 does not in my view proscribe or cut across the use to which under the Town Planning Scheme the land is lawfully entitled to be put. Although it imposes an extra condition on that use, namely, registration of the premises as a kennel by-law 17 is ancillary to the existing lawful fettered use. This being so, I am unable to see that the by-law cuts across the provisions of the town planning scheme although I recognise that registration impinges on the use.. Furthermore, it cannot be regarded as an amendment to the town plan and nor can it be regarded as an attempt by the Council to by-pass or ignore the existing lawful fettered use attached to the land. That use remains unaffected.
So regardless of what the animal fanatics at Logan City Council might say your dogs and cats are safe with us.