A DOG rescue centre was not operating a store despite the presence of a sign saying “shop”, an appeal heard.

AA Dog Rescue, in Burnham Road, Latchingdon, has appealed two enforcement notices stating the site was being used for a caravan site, a shop and a dog rescue centre without planning permission.

At a hearing in Royal Burnham Yacht Club last week, Matthew Lee of Maldon District Council said: “The sign on the building says ‘shop’. The door on the building has a sign on it which says ‘open’.

“I think the two signs together suggest this is more than just a store for donations.”

Charley Nathan, joint owner of the centre, said the building was a store room for donations from volunteers.

She told the hearing items in the store room are sold at car boot sales off site and the money raised is used to care for the dogs.

Ms Nathan said: “Once the council came and told me that we could not do that it hasn’t happened since and it was removed.

“There was never any intention to run a retail shop like that.”

The enforcement notice appeal hearing heard the sign had been made by a volunteer and has since been removed.

The hearing was also told that the land had permission for horses.

Ms Nathan’s solicitor argued using the site for dogs did not constitute a change of use.

However, Chris Cornish, an environmental health officer with the council, suggested that noise levels and disruption to neighbours meant it should be considered a change of use. He said: “I would like to fundamentally disagree with the statement that there is a similarity between the keeping of dogs and the keeping of horses.

“If we are called out because of dogs I would be concerned about noise, if it is equestrian use then I am more concerned about disposal of waste. Officers from the council have measured noise on the site that was deemed to be excessive.”

The hearing is expected to continue in June.