Niche Environment and Heritage was commissioned by Council to prepare a Review of Environmental Factors (REF) to assess environmental impacts for two proposed dog off-leash area trials - at Palm Beach (north) and Mona Vale Beach (south).

The draft REF describes the proposed trial, assesses the likely impacts on the environment and includes mitigation and management measures to mitigate any potential impacts.

The draft REF considers the proposal to establish two dog off-leash trial areas at Palm Beach (north) and Mona Vale Beach (south) for a period of 12 months, during the following restricted times of use:

• 5.30am - 10am and 5pm - 9pm, Monday to Sunday during Australian Eastern Daylight Time
• 6am - 10am and 4pm - 7pm, Monday to Sunday, Australian Eastern Standard Time

The draft REF has considered a range of matters in relation to the use of the land for the proposed trial.

If the trial is to proceed, Council will need to amend the Pittwater Council Dog Control Policy to alter the blanket prohibition of dogs on all beaches within the Local Government Area, and to make orders to authorise dogs off-leash in the specified areas of Palm Beach (north) and Mona Vale Beach (south), subject to the trial parameters and mitigation and management measures outlined in the draft REF.

Council may also need to make or amend the plans of management in respect of the trial areas before a trial can commence.

Before commencing the trial, Council will assess the trial’s environmental impacts in accordance with Council’s obligations as a determining authority under Part 5, Division 5.1 of the Environmental, Planning and Assessment Act 1979.

The draft REF considers the potential for impacts of the trial, including in respect of biodiversity, traffic, waste management, noise, Aboriginal archaeology, historic heritage, human health and water quality, and socio-economic matters.

The potential for impacts to soil and groundwater contamination, greenhouse gas emissions and air quality are also considered.

The REF concludes that the trial activity is considered to have relatively minor impacts and is unlikely to have a significant impact on the environment.

To minimise any potential impacts from the trial, a number of mitigation and management safeguards are incorporated into the draft REF.

These mitigation and management safeguards are summarised in Table 23 of the REF (See Section 7.2) and include:

• installation of clear and well-placed signage that displays off-leash times and boundaries and details the requirements for dog owners to dispose of dog faeces and the penalties for failing to comply
• dogs to be on-leash until on the beach and within the off-leash area, to prevent dogs running into the environmental conservation areas
• monitoring of existing bin and faeces bag usage / adequacy and install additional bins or replenish faeces bag supplies more frequently, if needed.
• increased patrols by Council officers during peak times to monitor parking demand during trial
• monitoring of compliance with these mitigation and management safeguards and undertake appropriate regulatory and enforcement action, as needed
• investigate and manage any complaints received through Council’s online complaints management system.

We have completed the Community Engagement Report (CER) from the engagement period 11 August 2022 to 11 September 2022, having reviewed and analysed 879 submissions.

The CER provides a comprehensive review of the submissions about the draft Review of Environmental Factors (REF) for the proposed trial and the community feedback has helped inform the revised draft REF.

The Council resolution (resolution 172/22) also required us to investigate and report back to Council any further requirements that must be addressed before the proposed trial could be implemented by Council.

These requirements have proven to be complex and have taken considerable time to work through. The impact of these requirements is that Council will need to prepare Plans of Management under relevant legislation before it could make a decision to proceed with a trial at either the Palm Beach (North) or Mona Vale Beach (south) sites.

The Community Engagement Report and the revised draft Review of Environmental Factors will now be presented to Council at its August meeting, along with a summary of the issues regarding the next steps.

Prior to the meeting you can view the Council report, Outcome of the Public Exhibition of the Draft Review of Environmental Factors for the Proposed Trial Dog Off Leash Areas at Palm Beach (North) and Mona Vale Beach (South) by clicking here.

You can register to speak at the Council Meeting by registering here.

Since Council resolved (resolution 172/22) in June 2022 to publicly exhibit and consult on the draft Review of Environmental Factors (REF) for the proposal, we have been working to progress the Community Engagement Report (CER) from the engagement period 11 August 2022 to 11 September 2022 and to update the draft REF, which considers community feedback.

We received a large number of submissions during the engagement period – 879 in total.

The CER provides a comprehensive review and analysis of the submissions made by members of the community about the draft REF for the proposed trial. Community feedback has informed the revised draft REF.

The Council resolution (resolution 172/22) also required us to investigate and report back to Council any further requirements that must be addressed before the proposed trial may be implemented by Council. This includes addressing requirements under the relevant provisions of the Local Government Act 1993, Crown Land Management Act 2016 including with respect to plans of management, Companion Animals Act 1998 and Environmental Planning and Assessment Act 1979. The report to Council in June 2022 outlines an initial summary of these requirements.

These requirements have proven to be complex and have taken considerable time to work through. They have had implications for the REF.

The Community Engagement Report and the updated draft Review of Environmental Factors will be presented to Council at its August meeting.

On 28 June 2022, Council considered a report on the draft Review of Environmental Factors (REF) for the proposed dog off-leash areas at Palm Beach (north) and Mona Vale Beach (south) and the Community engagement report on the proposals.

Council authorised the exhibition of the draft REF and consultation with the community and relevant government agencies.

Council also resolved to investigate any further requirements that must be addressed before a trial may proceed, including under the Local Government Act 1993 and Crown Land Management Act 2016, the Companion Animals Act 1998 and Environmental Planning and Assessment Act 1979.

The outcomes of the exhibition and consultation process and the investigation will be reported to Council for its consideration.

The draft REF was prepared as the next stage in the process to explore the potential for trial dog off-leash areas in these locations. Its purpose is to identify, analyse and evaluate the impacts of the proposed activity in accordance with the relevant legislation.

The Council Minutes are available here.

The environmental assessments for the proposed dog off-leash areas at Palm Beach (North) and Mona Vale Beach (south) are well progressed.

In light of the investigations undertaken to date, some amendments have been proposed. These are:

• Reducing the eastern boundary to align with the boundaries of the Pittwater Local Environmental Plan 2014 map and Northern Beaches Local Government Area. This will reduce the complexity of the proposal by removing any boundary issues.
• Modifying the proposed hours of use to avoid intensifying the recreational use of the area. It is proposed to change the hours from the original proposal of 4pm to 10am (seven days a week) to:
  • Australian Eastern Daylight Time: 5.30am to 10.00am and 5.00pm to 9.00pm, Monday to Sunday (seven days a week) and;
  • Australian Eastern Standard Time: 6.00am to 10.00am and 4.00pm to 7.00pm, Monday to Sunday (seven days a week).

A report was presented to Council on Tuesday 22 February 2022 recommending confirmation of the proposed amended trial parameters. The confirmation of these trial parameters will assist with the completion of the environmental assessments, following which the matter will be reported back to Council.

View the Council minutes here.

Council has consolidated all the consultation feedback received from our community into the possibility of establishing dog off-leash areas at Palm Beach (north) and Mona Vale Beach (south). All relevant issues raised during the consultation will be considered during the next stages, noting that the feedback in general was overwhelmingly supportive.

In line with the Council resolution, environmental assessments are being undertaken in accordance with the Environmental Planning and Assessment Act 1979 and other relevant legislation. To assist with this, Council has engaged specialist environmental consultants and will also be working with relevant NSW Government agencies where required.

A draft Review of Environmental Factors (REF) is expected to be completed in February 2022. Further updates will be provided as this work progresses, prior to both the environmental assessments and outcomes of the consultation being reported back to Council.

At the Council meeting held on 28 July 2020, Council considered a Notice of Motion for the Activation of Beach Space for Dog Exercise.

Council resolved that a report be prepared on the feasibility of the establishment of dog off-leash areas – in a set area of north Palm Beach and southern most end of Mona Vale Beach.

An initial review of site constraints, approvals and likely environmental issues was undertaken and feedback was sought from relevant NSW State Government agencies and internal Council teams, including Environment and Climate Change.

Following these initial investigations, staff presented a report to Council at the meeting on 27 April 2021 identifying the areas at both Palm Beach (north) and Mona Vale Beach (south) as possibly suitable for dog off-leash areas.

Council resolved to seek community feedback on the proposals outlined in the report and undertake the necessary environmental assessments in accordance with the Environmental Planning and Assessment Act 1979 (and other relevant legislation) as part of this project.