Good News and Bad News

The good news is that the Eardley Hall Kennels will reopen for business on 9th February 2007 and are now taking bookings for the whole of 2007.

The bad news is that the Newcastle Borough Council are still saying that there is a Statutory Noise Nuisance and want sound-proofing panels installing at a massive cost. We say there is perhaps an annoyance on occasions but that does not amount to a nuisance. There is an important difference in Law. The Council even refuse to give information on how many readings thy have taken, whether they were taken by the complainant or Council Staff, what dates and times and whether they were taken by a sound meter or a video camera. We will keep you posted as to progress.

The injustice of the whole affair is incredible.

This was expressed by Mike Herwin, one of our supporters:

The injustice of the whole affair is incredible.

The EHD (Environmental Health Department) appears to be able to act in a legislative, executive and judicial function, without any checks and balances.

1) It legislates by determining what constitutes a nuisance. It does not publish what the regulations are by giving measurable standards, such as decibel level, sound profile, duration and frequency of sound. This, in itself, is arbitrary and willful.

2) It then makes the assessment of any alleged offence and acts as prosecutor but fails to disclose any evidence of the basis of their assessment to the defendant. This is not just arbitrary but contrary to natural justice

3) It then makes the decision on whether the offence has been committed and hands down the sentence to the defendant

This is "bad law" and contrary to every principle of the British Constitution and the way that Newcastle under Lyme Council are applying it is indefensible

In other areas such as construction of kennels, building and planning regulations, animal welfare in kennels, employment and fire and safety, the law is quite specific and the owner has to comply with known and measurable regulations, but can challenge any over zealousness on the part of the council.

In the current matter, there is no equity. It is a fundamental principle that in any legal dispute, there should be equity and the powers of the EHD are beyond all reasonableness.

A wonderful comment about the situation

This an email just received which in my opinion goes to the heart of the matter.

The writer has given her permission to publish:

I wish to record my support for the prevention of the closure of Eardley Hall Kennels, Eardley, Staffs. 

I am aware of the situation and believe that the public have a right to be heard.  It has come to my attention that the local council have stated that there will be no more letters in The Sentinel because the complainant is frightened.  What of? 

The owner of the kennels has spent a considerable amount of money, time, and consideration in what is an excellent small, local business responsible for the livelihoods of four people and the service of hundreds of people and thousands of dogs in the community. They also house the local waifs and strays for Alsager Animals in Need. What about the Human Rights Bill - the right of people to work?  What has happened to tolerance?

The kennels are in the country - there is noise in the country. Including heavy goods lorries, heavy traffic on lanes, diversification by farmers and building sites.  The country is not quiet!  Cows moo, sheep baa, pheasant and clay pigeon shoots are noisy, go-karts also as well as scramble bikes!

Whilst the law (recently passed) might be on the side of the complainant it is beyond me to understand why someone moves into anarea where a business - of whatever type - is well-established without checking;  after all, I did when I moved north.

I am incensed even now.  My dog is a Pets As Therapy dog who visits the elderly in a care home on a daily basis.  She gives her heart and soul to them making their lives a little easier.  She stays at Eardley Hall for respite where she receives care and attention from professionals.  That is what they are - professionals. They should be
supported by their local council especially since their council tax payers support the kennels.  It is an abomination that the owners of Eardley Hall should be so harassed when they have done everything - and continue to  - to keep any potential disturbance to a minimum.  

Some testimonials

Some comments already received before the Blog started, along with pledges of support. Names except for dogs have been excluded, but all are genuine extracts from emails.

I too am a long standing customer of Eardley Hall. We have over the last 15 years taken 2 dogs there and have in fact collected Bailey this week from a 3 day stay. Again when leaving, not really knowing if he wants to stay or go. I have used several kennels previously when first looking for somewhere for Jasper and have seen some terrible things. I really don't want to put Bailey through all that misery while I try to find somewhere close to what he is used to.

The kennels are far more than a place for our dogs to stay. They are, I feel, where the dogs would choose if they had to. Both of our dogs Jasper and Bailey have always ran in with tails wagging to meet all the people there. It’s the people that make Eardley hall and I truly do not know what will happen to Bailey if the council don't give some assurances that this will be the end.

Please keep me updated and let me know if there is anything I can do.

Dear Sir,
We are willing to offer our support for your planned course of action. We used the kennels for 15yrs. Unfortunately we no longer own any dogs so if it comes to the point where our money is returned to us , we would like Tim and Steve to donate it towards their animal rescue work. We sincerely hope that you are successful.

We are supports of the kennels, both as users and for Alsager Animals in Need.

We have written to Newcastle Borough Council voicing our concerns, but as yet have not had a reply.

We are prepared to donate more than £10 if this is necessary. Good Luck.

Well done for the campaign to keep the kennels open.

I have already written to the council, raising the majority of points mentioned in your article in the Sentinel.
Yes I did get the standard "Dear Sir/Madam" response!
I hereby pledge my support.

I am in full support for keeping Eardley Hall kennels open.
I have been a customer of theirs for 12 years and I would not trust anyone else with my dog (Dot). You requested that customers should chip in £10 each to help if need be to help fight Newcastle council.
I would like to chip in £50 if you go ahead and try to keep the kennels open.
I do not expect the money to be refunded as this is a small price to pay to keep
my dog happy.

Well done for promoting this injustice against Eardley Hall Kennels. We have used these superb facilities for the past 20 years and have nothing but praise for both the kennels and all the staff, including of course Tim and Steve.

I will be happy to subscribe to any fighting fund - if it makes common sense prevail. Details requested below.

HELLO MR WOOD, THANK YOU FOR THE INFO YOU HAVE SENT, I SHALL BE WRITING TO THE COUNCIL AND M.P. ABOUT THE CLOSURE OF THE KENNELS, WHICH WOULD BE VERY BAD ALL ROUND.

Zak our 13-year old Westie has been going to Tim and Steve since he was 6 months

old;-he is a typical terrier very temperamental but they have his full confidence and we cannot imagine what will happen if he had to go to a strange kennels at his time of life

best of luck

My family are in agreement with you to keep your kennels open.
If you were to close I wouldn’t feel confident to send my dog Polly anywhere else.
My dog Polly has been coming to your kennels for about 3 years and before that Jake used to come.
I have no worries when Polly is with you because I know she is in safe hands.
It is also very good that you will be saving kennels for dogs rescued because if you didn’t take them in where would they go?

I have used the facilities at Eardley Hall Kennels for 20 years and am currently boarding my dog there four times a year.

I have no complaints about the service, quite the contrary, the care my dog receives is first class and I am concerned that such an established business should now come under such pressure.

It will be a great loss if the kennels close not only to pet owners but to the well-cared for pets themselves.

I have just been reading the article in the Sentinel about the proposed closure of Eardley Hall and would like to add our name and address to supporters of your campaign. I think your suggestion of people making donations is brilliant – I for one would be more than happy to offer a donation if this would help keep the kennels open. We have been taking our dogs (past and present) to the kennels for over ten years and were devastated to read the first article.

I wish to add our names to the support campaign for Tim, Steve. We will gladly give 10 pounds to save the kennels.

We have contacted Eardley Hall and will donate £20 to any funding to save the kennels. We do not require any refund.

Justice for Eardley Hall

Many people will be aware that Eardley Hall Kennels have announced closure after 25 years of operation because of the complaint of one man and his wife about the noise caused on occasions by the barking of the dogs.

The Newcastle Borough Council have threatened the owner of the kennels with a Noise Abatement Order which can lead to a £20,000 fine and £500 per day if the noise continues.

The complainant lives 450m away from the kennels which were already there when he came to live in his house. Other properties much nearer to the kennels have no problems.

Thousands of people will be affected by this closure and we are all fighting it. Solicitors have been appointed to take up the case. Donations are pouring in to provide funds to pay the legal costs.

Many people have written to the Sentinel newspaper but not all have had their letters published, partly because of lack of space and possibly because the Council have complained to the Sentinel about the coverage of the subject and the readers letters which have been published. I don't think that there have been any letters published since then.

So, this is your chance to have your say. Send in your comments. This is my first blog so I don't know exactly how the system works.

Alan Wood