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Late Items

 

Council  Agenda

 

 

 

26 November 2014

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

Late Items FOR THE Council  MEETING TO BE HELD ON 26 November 2014

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

11..... Planning and Development Services Report. 3

11.2        MANAGEMENT OF DOGS ON BEACHES. 3

 


Council                                                                                      3                                                            26 November 2014

11.             Planning and Development Services Report

11.2           MANAGEMENT OF DOGS ON BEACHES

SUBJECT INDEX:

Animal Management

STRATEGIC OBJECTIVE:

A Council that engages broadly and proactively with the community.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Manager, Environmental Services  - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Proposed Dog Management on Beaches for Consultation  

  

 

This report proposes the revocation of parts of a previous decision of the Council from 22 October, 2014.  In accordance with the Local Government (Administration) Regulation 10, if a decision has been made at a Council meeting, then any motion to revoke or change the decision must be supported by three members of the Council and the decision must be made by absolute majority.

 

PRÉCIS

 

At its 22 October 2014 meeting, the Council resolved to adopt, as drafts for consultation, a range of proposed determinations in relation to the management of dogs in public places, including beaches. The formal consultation has not yet commenced, but there has been very considerable community interest, and in many quarters very significant concern, with the proposals, especially in relation to dogs on beaches. At an informal briefing session on 19 November 2014, Councillors indicated a willingness to revisit that October decision as a late item at this, the 26 November meeting.

 

It is recommended that the Council revoke those elements of the October resolution that related to dogs on beaches. It is further recommended that the Council adopt new proposed determinations that would, if finally adopted after consultation, allow dogs to be taken onto more beach areas, more of the time, than would have been the case had the October resolution been adopted in final form, after consultation.

 

If the Council makes a resolution consistent with the officer recommendation, formal consultation would be expected to commence in February 2015, with the proposals being further considered by the Council after consultation in April or May 2015. Because of the statutory and general good governance requirements for consultation, it is not possible to make any changes to the controls on dogs on beaches before consultation has occurred, and therefore prior to April/May next year.

 

 

BACKGROUND

 

Consideration of this issue by the Council on 22 October 2014 followed an earlier report to the Council’s 24 September meeting. Extensive background information and other important context was presented to the Council in the agenda reports for those two meetings, and is therefore not repeated here. Those reports can be accessed via the City’s website.

 

STATUTORY ENVIRONMENT

 

See report presented to the Council’s 24 September 2014 meeting.

 


 

RELEVANT PLANS AND POLICIES

 

See report presented to the Council’s 24 September 2014 meeting.

 

FINANCIAL IMPLICATIONS

 

See report presented to the Council’s 24 September 2014 meeting.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Objective 6.1 of the City’s Strategic Community Plan 2013, which is; “A Council that engages broadly and pro-actively with the community”.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium, or greater.

 

Risk

Category

Control(s)

Likelihood

Consequence

Risk

Significant public objection to proposed approach

Reputational

Develop a sound approach and communicate that approach clearly and consistently

Possible

Minor

Medium

 

CONSULTATION

 

The presentation of this report reflects very considerable community interest, and in many quarters very significant concerns, with the proposals adopted as drafts for consultation by the Council in October. The proposals presented in this report seek to address those concerns and also reflect officer assessment and review of submissions as part of a consultation process undertaken in late 2012 – at which time nearly 800 submissions were received by the City. More information regarding that process and the outcomes is set out in the report presented to the Council’s 24 September 2014 meeting.

 

Should the Council adopt the officer recommendations it is expected that formal consultation would commence in February 2015. The relevant legislation specifies a minimum consultation period of 28 days. Officers would develop and implement a broad consultation programme to ensure that the community is fully informed of the proposals and has excellent opportunities to provide comment.

 

OFFICER COMMENT

 

It is clear that the proposals for management of dogs on beaches adopted as drafts for consultation by the Council in October have generated very considerable community interest and very significant community concern. The proposals adopted by the Council were significantly more restrictive than what the community has become used to and what a significant proportion of the community considers is appropriate.

 

It is considered important that an appropriate balance is struck between the needs and desires of those who want to exercise their dogs on beaches, and those who wish to use beaches for other pursuits, which may at times be incompatible with the exercising of dogs. Because the City does have such a long coastline, however, there is plenty of scope to allocate beach areas to meet a diverse range of needs and desires.

 

The proposals presented for the Council’s consideration at this time are considered to provide for an appropriate balance, noting that consultation is still required. Having completed and considered the outcomes of the consultation process, the Council will still have the ability to refine and modify the proposals if that is considered appropriate.

 

The proposals presented would, if finally adopted after consultation, allow dogs to be taken onto more beach areas, more of the time, than would have been the case had the October resolution been adopted in final form, after consultation. The proposals do, however, still identify areas where dogs would be prohibited all of the time, as well as larger areas where dogs would be prohibited during the daytime, during the peak summer period, but not at other times.

 

The proposals are similar to, but not the same as, those presented to the Council’s 24 September meeting, and reflect discussion at an informal briefing session on 19 November. The proposals also reflect officer assessment and review of submissions as part of an earlier consultation process undertaken in late 2012. A plan illustrating the proposals is provided as Attachment A, noting that in some instances the numbering of beach segments is non-sequential, which is deliberate and intended to facilitate easy comparison with earlier proposals. Before consultation actually commences, however, a map would be prepared in which beach segments would be sequentially numbered.

 

Note that proposals for management of dogs on beach areas adjacent to Yallingup townsite are illustrated on Attachment A; but as the City does not have the care and control of the beach in that area currently, cannot and does not form part of the officer recommendation. Separate processes are underway to resolve land tenure issues on the beach adjacent to both Yallingup and Smiths Beach, and it is expected those issues will be resolved in coming years, following which dog management issues could also be resolved.

 

CONCLUSION

 

The officer recommendation is considered to provide a balanced and workable approach to the management of dogs on beaches, which it is recommended that the Council support, so that community consultation can occur.

 

OPTIONS

 

The Council could decide to not revoke the October resolution at it relates to dogs on beaches, or could resolve to modify the officer recommendation, whilst still revoking the relevant elements of the October resolution.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the officer recommendation would involve the undertaking of community consultation, which it is expected would commence in February 2015. Following consultation this matter would be referred back to the Council for further consideration, which it is expected would occur in April or May 2015.

 


 

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Revokes parts (g) and (h) of Council decision C1410/267 of 22 October, 2014 as they relate to the Management of Dogs on Beaches.

 

2.    Determines that the following will replace part (g) of the previous resolution of the Council relating to the Management of Dogs on Beaches (for consultation):

 

g.         Beach areas, including the beach only (i.e. from the limit of ephemeral vegetation or the toe of a seawall to the high water mark only, and not including vegetated foreshore areas, beach access paths or car parks) to be categorised as ‘Prohibited’, ‘Exercise’, ‘Seasonal’ or ‘Modified Seasonal’, with those areas being defined as follows –

‘Prohibited’ is as per s31(2B)(a) of the Dog Act 1976 and means that dogs are prohibited at all times (except assistance dogs and other dogs exempted by State and Commonwealth law);

 

‘Exercise’ is as per s31(2) of the Dog Act 1976 and means that dogs are permitted, including off-leash, at all times, except when approved, organised events are taking place, wherein dogs are to be prohibited, unless specifically permitted by the City (except assistance dogs and other dogs exempted by State and Commonwealth law);

 

‘Seasonal’  means that dogs are permitted as per ‘Exercise Areas’, except between 9am and 5pm during the period 1 December to 28 February inclusive, when they are prohibited as per ‘Prohibited Areas’; and

 

‘Modified Seasonal’ means that dogs are permitted as per ‘Exercise Areas’, except during the period 1 August to 30 April inclusive, when they are permitted at all times, but only a leash as per s31(1) of the Dog Act 1976.

 

3.    Determines that the following will replace part (h) of the previous resolution of the Council relating to the Management of Dogs on Beaches (for consultation):

 

h.         Beach areas under the care, control or management of the City (therefore excluding privately owned land, land in National Park and Unallocated Crown Land), extending along the coast from the Shire of Capel boundary to the Shire of Augusta-Margaret River boundary, to be categorised according to the categories described at (g) above and as follows –

 

Segment

Description

Proposed category

1.  

Municipal boundary (with Shire of Capel) to Port Geographe Marina eastern groyne

Exercise

2.  

Port Geographe Marina eastern groyne to Port Geographe Marina western groyne

Seasonal

3.  

Port Geographe Marina western groyne to access path from Groyne Road car park

Exercise

4.  

Beach access path from Groyne Road car park to beach access path from car park east of Russell Street

Seasonal

5.  

Beach access path from car park east of Russell Street to beach access path from car park at Ford Road/Geographe Bay Road intersection

Exercise

6.  

Beach access path from car park at Ford Road/Geographe Bay Road intersection to a point parallel with a seaward extension of Brown Street

Seasonal

7.  

A point parallel with a seaward extension of Brown Street to the westernmost beach access steps between West and Gale Streets

Prohibited

9.  

Westernmost beach access steps between West and Gale Streets to the beach access stairs on the eastern side of the King Street car park

Exercise

10.  

Beach access stairs on the eastern side of the King Street car park to the beach access from the Margaret Street car park

Seasonal

11.  

Beach access from the Margaret Street car park to the east of the groyne between Craig Street and Bower Road (i.e. either side of Vasse Diversion Drain)

Exercise

12.  

Beach access just to the east of the groyne between Craig Street and Bower Road to beach access from car park opposite Mandalay Holiday Park

Seasonal

13.  

Beach access from car park opposite Mandalay Holiday Park to beach access path at end of Alan Street

Exercise

14

Beach access path at end of Alan Street to beach access path at end of Harnett Street

Seasonal

15.  

Beach access path at end of Harnett Street to eastern side of car park associated with Abbey Boat ramp

Exercise

16A.  

Eastern side of car park associated with Abbey Boat ramp to Buayanyup Drain

Seasonal

16B

Buayanyup Drain to Locke Drain (adjacent Locke Estate)

Prohibited

17.  

Locke Drain to Siesta Park Groyne

Exercise

18.  

Siesta Park Groyne to western boundary of Siesta Park Holiday Park

Seasonal

19.

Western boundary of Siesta Park Holiday Park to eastern side of Quindalup Boat Ramp

Exercise

22.  

Eastern side of Quindalup Boat Ramp to 1.1km to western side of ‘Fisherman’s Boat Ramp

Seasonal

23.  

Western side of ‘Fisherman’s Boat Ramp to beach access to the east of Lot 30 (237) Geographe Bay Road

Exercise

24.  

Beach access to the east of Lot 30 (237) Geographe Bay Road to beach access from car park to the west of Dunsborough YHA

Seasonal

25.  

Beach access from car park to the west of Dunsborough YHA to beach access path just to beach access west of Tulloh Street (adjacent Elmore Lagoon)

Prohibited

26.

Beach access path just to beach access west of Tulloh Street to beach access from Centennial Park car park

Exercise

27.  

Beach access from Centennial Park car park to Gifford Road beach access path

Prohibited

28.  

Gifford Road beach access path to beach access path just to the north west of Burt Court

Exercise

29.  

Beach access path just to the north-west of Burt Court to the southern boundary of Meelup Regional Park (just to the north of Hurford Street)

Seasonal

30.  

Southern boundary of Meelup Regional Park to Eagle Bay Baudins Memorial beach access path

Prohibited

31.

Eagle Bay Baudins Memorial beach access path to Jingarmup Brook (and within Meelup Regional Park)

Seasonal

32.  

From Jingarmup Brook 450 metres to the north (and within Meelup Regional Park)

Modified Seasonal (dogs allowed on leash from 1 August to 30 April, allowed to be exercised off leash the rest of the year)

33.  

From 450 metres north of Jingarmup Brook to northern end of Bunker Bay where Leeuwin Naturaliste National Park begins (and other than small areas where private land extends to the high water mark, within Meelup Regional Park)

Prohibited

 

 

 


Council

9

26 November 2014

11.2

Attachment a

Proposed Dog Management on Beaches for Consultation