The dog breeder from Eersel, who recently received both the NVWA and the animal welfare organization House of Animals, has to stop his activities. The judge in the preliminary proceedings of the Oost-Brabant court ruled this on Wednesday morning. The company’s owners now have six weeks to relocate the 400 dogs they keep.
The farm is in violation of the regulatory plan, the judge ruled. The municipality of Eersel had previously imposed an injunction subject to periodic penalty payments on the farmer. The rancher objected to this and went to court.
According to the municipality, the master plan does not provide for the possibility of keeping a dog kennel in the place in question. The dog breeder disagreed. But the judge agrees with the municipality. This means that the dog breeder must stop his activities immediately.
The Eersel breeder now has about four hundred dogs. The court deems it important that there is sufficient time to find new homes for all these animals. According to the Dutch Food and Consumer Product Safety Authority (NVWA), there would be enough places available where the dogs could go in the short term. The judge then gives the dog breeder six weeks to do so.
Topic owners
Owners have previously argued that dog breeding does not violate the zoning plan. According to them, dog breeding falls within the scope of the ‘connected agricultural activity and agricultural technical auxiliary activity’, as described in the master plan. Furthermore, there would be a prospect of legalization by applying for an environmental permit for the company.
On the other hand, the municipality has stated that only a cattle trading company, a pig weighing plant or an abattoir is permitted in the location. Breeding dogs are not included. According to the municipality, there is no prospect of legalization. Now the permit has also been rejected, the municipality said.
The preliminary relief judge agrees with the municipality’s argument that dog breeding in the locality of Eersel is contrary to the master plan. Furthermore, according to the judge, there is no prospect of legalizing the situation. The municipality was then allowed to take enforcement action, according to the opinion.
“Illegal Puppy Factory”
The company has recently come under scrutiny because, according to the NVWA, too many dogs live in dirty pens, are stressed and not used to going outside. Animal welfare organization House of Animals spoke out in early November after visiting the breeder of an “illegal puppy mill”.
The latter organization said immediately after the judge’s ruling that they were “pleasantly surprised” by the speedy ruling. “However, I’m only really happy when the animals are gone,” says Karen Soeters on behalf of House of Animals. “It’s a shame if the animals have to stay there even longer.”
She hopes the NVWA will ensure the dogs are treated elsewhere soon. He also suggests the possibility of leaving the dogs in Eersel, but then under the supervision of someone other than the breeder.
NVWA response
The NVWA says it has the rancher “in sight and keeping a pulse on the pulse.” A spokesperson also indicates that they will defend animals and not leave dogs to their fate. He can’t yet answer the question of whether the NVWA will play a role in finding a new home for the animals on Wednesday morning.
A court spokesman points out that the judge in this case looked exclusively at the master plan and not at the way in which the breeder keeps his dogs. The court therefore did not rule on the matter. According to him, it is right that the farmer can resume work in another place. However, he must have the necessary permission for this.
House of Animals did a report on Eersel’s breeder:
