The dog breeder from Eersel, who recently received both the NVWA and the animal welfare organization House of Animals, has to stop his activities. That was determined by the preliminary relief judge of the Oost-Brabant court on Wednesday morning. The owners of the company now have six weeks to relocate the 400 dogs they keep.
The breeding is in violation of the zoning plan, the judge ruled. The municipality of Eersel previously imposed an order subject to periodic penalty payments on the breeder. The breeder objected to this and went to court.
According to the municipality, the zoning plan does not provide the possibility to keep a dog breeding farm at the location in question. The dog breeder disagreed. But the judge agrees with the municipality. This means that the dog breeder must stop its activities immediately.
The breeder in Eersel now has about four hundred dogs. The court considers it important that there is sufficient time to find a new home for all these animals. According to the Dutch Food and Consumer Product Safety Authority (NVWA), there would be enough available places where the dogs could go in the short term. The judge therefore gives the dog breeder six weeks to get this done.
Arguments owners
The owners previously argued that the dog breeding does not violate the zoning plan. According to them, the breeding of dogs would fit within the purposes of ‘agricultural related business and agricultural technical auxiliary business’, as described in the zoning plan. Moreover, there would be a prospect of legalization by applying for an environmental permit for the company.
On the other hand, the municipality stated that only a livestock trading company, pig weighing plant or slaughterhouse is allowed at the location. Breeding dogs is not included. According to the municipality, there is no prospect of legalization. The permit has now also been rejected, the municipality said.
The preliminary relief judge agrees with the municipality’s argument that the breeding of dogs at the location in Eersel is contrary to the zoning plan. According to the judge, there is also no prospect of legalization of the situation. The municipality was therefore allowed to take enforcement action, according to the opinion.
House of Animals made a report about the breeder in Eersel:
