Noise nuisance from greyhound kennelling and training

An abatement order was agreed between the parties and approved by the Kirklees Magistrates’ Court between the parties which limits the type and number of dogs allowed to be kept at a former greyhound kennelling facility in a residential street and prohibits registered racing greyhounds from being kept.

Our client lives in a quiet residential lane within the green belt near Wakefield. Across the lane, a greyhound kennelling and training facility was established, keeping dozens of dogs, at times over 30.

In 2023, the council issued an abatement notice under the Environmental Protection Act 1990 (“the EPA”). The notice required the operators of the kennels to abate the nuisance caused by the barking, howling and whining of dogs. After investigating further complaints in 2024, the council did not enforce the notice by bringing a prosecution for a breach because they considered that the notice had not been breached.

Our client and his family were still disturbed by noise on a daily basis. We commenced a private statutory nuisance claim under s.82 of the EPA in November 2024 which alleged that the nuisance from barking and whelping from the dogs was causing a statutory noise nuisance.

Alongside the noise nuisance issue was a complex planning and regulatory history. The kennels had been established without planning permission, and after investigation the Council found that the use was unauthorised development.  In early 2024, a retrospective planning application to change the use of the land to allow dog training was refused. In March 2024, the Council issued an enforcement notice for the unauthorised change of use of land within the green belt from agricultural land to kennelling and training dogs.  The notice required that the kennelling and training use cease. The operators appealed the enforcement notice, and in January 2025 the planning inspector upheld the enforcement notice in relation to the change of use, meaning that the operators were required to stop the training of kennelling of dogs by October 2025. A second retrospective planning application, very similar to the first, had also been refused near the end of 2024.

Also during this period, our client made complaints to the Greyhound Board of Great Britain (“GBGB”) in relation to the operators dumping waste into residential sewers, their lack of planning permission, and most importantly in relation to animal cruelty which could be heard from our client’s home.  After reviewing the evidence provided, the GBGB initially revoked the operators’ training licence on an interim basis, and then after providing the operator with an opportunity to be heard on 8 May 2025, revoked their licence for two years.

Meanwhile, a trial for our client’s statutory nuisance claim was set for 19 May 2025.  After we filed evidence on behalf of our client, and following the inspector’s decision requiring that the kennelling and training use cease, and following the GBGB’s decision, we negotiated an agreed Abatement Order which limits the number of dogs on site to three retired greyhounds and one non-greyhound breed.  The Order also requires payment of a contribution towards the client’s legal costs in bringing the claim.