Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Question 267: To ask the Minister for the Environment, Heritage and Local Government if there are planning regulations for the establishment of dog kennels, particularly regarding noise levels; if he will advise this Deputy accordingly; and if he will make a statement on the matter. [10869/08]

John Gormley (Dublin South East, Green Party)
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Under the Planning Acts 2000-2006, all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Section 34 of the Planning and Development Act 2000 enables a planning authority to grant a planning permission subject to or without conditions as appropriate. In making a determination on any planning application, planning authorities must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, and relevant Ministerial or Government policies. I have no plans at present to introduce specific planning regulations for the establishment of dog kennels.

Section 25 of the Control of Dogs Act 1986 provides a mechanism for making a complaint in relation to excessive dog barking. Where a complaint under this section is upheld, the District Court can make an order requiring:

the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog;

the number of dogs kept by the occupier to be limited for such period as may be specified in the order; or

the dog to be delivered to a dog warden.