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The recent judgment of the Land and Environment Court in relation to on and off leash dog arrangements on Station Beach made invalid Council’s resolutions in August 2019 and December 2019.
The Court found that Council had not complied with Part 5 of the Environmental Planning and Assessment Act 1979 in relation to its resolutions.
The effect of the Court’s judgment is that the situation reverts to that which existed prior to the 2019 Council resolutions, being that dogs are prohibited at Station Beach at all times.
The judgment can be accessed here.
Council staff are continuing to prepare a report for the consideration of the elected Council on the feasibility of establishing unleashed dog areas in north Palm Beach and the southern end of Mona Vale Beach.
You may also like to read Council’s media release, Council responds to Court decision on off-leash dog trial.
Project history
At the Council meeting held 15 December 2020 (Item 18.7 Station Beach Off Leash Dog Trial 391/20) Council resolved that:
1. Council notes the judgment of the Land and Environment Court in Palm Beach Protection Group Incorporated v Northern Beaches Council [2020] NSWLEC 156 and that:
A. Council’s resolutions for an off-leash dog trial and on-leash dog area at Station Beach have been declared invalid and have no effect;
B. As the Court found that development consent is not required for an off-leash dog trial at Station Beach, a development application for a trial is not required at law; and
C. As a result, no further action is being undertaken in respect of Council Resolutions 267/19, 443/19 and 164/20.
2. The Chief Executive Officer continues to prepare a report for the Council on the feasibility of the establishment of unleashed dog areas in a set area of north Palm Beach and southern most end of Mona Vale Beach as required by Council Resolution 187/20.
3. Council authorises the Chief Executive Officer to do all things necessary to give effect to the above.
Read the Council Minutes.
At the meeting held on Tuesday 17 December 2019, Council resolved to:
- Allow dogs on-leash at Station Beach, Palm Beach as outlined in the report (including as to specified location, days and times).
- Note that this resolution and Council Resolution 267/19 have the effect of amending the former Pittwater Council Dog Control Policy (No 30).
- Authorise the Chief Executive Officer to do all things necessary to give effect to this resolution including to erect and remove signage.
View the report and minutes of the Council meeting.
From Wednesday 1 January, 2020 dogs will be permitted on-leash on the following days and times.
- 5:30pm to 10:30am, Monday to Friday during Australian Eastern Daylight Time (summer).
- 4:00pm to 10:30am, seven days a week during Australian Eastern Standard Time.
Dogs are not permitted on Station Beach outside of these days and times.
To view a map of the approved on-leash area at Station Beach click here.
Please note Council submitted a licence application to conduct a dog off-leash area trial at Station Beach to the NSW Department of Planning, Industry and Environment - Crown Lands in September 2019. As at 20 December 2019 a licence is yet to be granted to Council.
Council submitted a licence application to conduct a dog off-leash area trial at Station Beach to the NSW Department of Planning, Industry and Environment - Crown Lands (Department) in September 2019. The intent was that the trial commence by December 2019. A licence is yet to be granted to Council.
Given the Council and community support for an off-leash area trial at Station Beach, a report is going to Council on Tuesday 17 December requesting endorsement of a partial removal of the prohibition of dogs on Station Beach to allow dogs on-leash as an option pending a decision by the Department to grant a licence for the trial.
The proposed on-leash area boundaries and days and times align with the Station Beach off-leash area trial conditions approved by Council on 27 August 2019.
The Council Meeting will be held at 6pm at the Dee Why Civic Centre. View the Council Report (Item 13.5) for more detail.
If you would like to address Council, please complete the request to speak - public address form.
At the Council meeting held on 27 August 2019, Council resolved to:
A. Conduct a dog off-leash area trial at Station Beach, Palm Beach for 12 months as outlined in the agenda report.
B. Delegate authority to the Chief Executive Officer to enter into a licence agreement with the Department of Industry, Lands and Water for the trial.
C. Declare Station Beach an off-leash area, for the purpose of a trial, under section 13(6) of the Companion Animals Act 1998 subject to the granting of a licence with the Department of Industry, Lands and Water.
D. Investigate other beach locations prior to appointing a permanent dog off-leash area at Station Beach.
View the minutes of the 27 August 2019 Council meeting, see item 13.2.
A range of tasks need to be completed prior to commencement of the trial including obtaining a licence for the off-leash area from the Department of Industry, Lands and Water.
The trial is planned to start by December 2019.
We have completed a report regarding the Station Beach Dog Off-Leash Area Proposed Trial. The report will be presented to the Council on 27 August for their consideration.
View
Council commissioned Cardno (NSW/ACT) to prepare a Review of Environmental Factors (REF) for the proposed dog off-leash area trial at Station Beach. The REF has been completed and assesses the potential environmental impacts associated with the proposed trial.
View the Review of Environmental Factors 2019
How to provide feedback:
- Complete the submission form
- In writing - marked 'Station Beach Dog Off Leash Area - Proposed Trial' to Northern Beaches Council PO Box 82 Manly, NSW 1655
Submissions close 3pm on Friday 12 July 2019.
If you would like more information please contact the Parks & Recreation Team on 1300 434 434.
The Review of Environmental Factors will be available shortly for viewing and community comment.
The submission period for this project has now closed. We thank you for your feedback and will update this page as the project progresses.
ou are welcome to come join the discussion at Council's second drop-in session to discuss the trial.
- Saturday 1 December 2018, 2.30 - 4:30 pm
- Palm Beach Golf Club, 2 Beach Road, Palm Beach
In response to a community request the Review of Environmental Factors Station Beach (2008) report has been added to the document library to provide further information on Station Beach.
In addition, the FAQs have been updated clarifying comments from the NSW Department of Industry and their letters of correspondence have been replaced with a summary.
There are several ways that you can have your say on whether or not Council should conduct a trial:
- Online
- In writing - marked "Station Beach Trial Dog Off Leash Area” to Northern Beaches Council PO Box 82 Manly, NSW 1655
- In person - come along and talk to the Parks & Recreation team at one of the following sessions.
Session 1
- Palm Beach Golf Club, 2 Beach Road, Palm Beach
Thursday 29 November 2018, 6 - 8 pm
- Palm Beach Golf Club, 2 Beach Road, Palm Beach
Saturday 1 December 2018, 2.30 - 4:30 pm
If you would like more information please contact the Parks & Recreation Team on 1300 434 434.
We are seeking your feedback about whether or not to trial a dog off leash area at Station Beach.
Local residents and community groups have over many years advocated for our community to be able to access and enjoy foreshore areas with their dogs.
Over the years, several preferred areas have been identified, including Station Beach. With a growing population, and an increasing number of families with dogs, the need to make provision for off-leash recreation has increased over the years since Careel Bay was closed
Council resolved at its meeting held 26 June 2018 to undertake consultation for a potential trial dog off leash area at Station Beach, Palm Beach.
The proposed trial would be for 12 months and located in a specified section of the beach.
View the map of the proposed trial area
Council proposes a trial arrangement that would allow families with dogs to share a section of Station Beach at specified times of day. The usage remains unchanged through the popular part of the day, but mornings and late afternoons would see the space also opened-up to families with dogs.
Proposed times of operation:
- 4:00pm – 10:30am, 7 days a week during Australian Eastern Standard Time
- 5:30pm – 10:30am, Monday to Friday during Australian Eastern Daylight Time (summer)
Environmental monitoring would be undertaken and community feedback collected during the trial (should it proceed).
Engagement timeline (history only)
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Timeline item 1 - complete
Engagement on the proposed trial (Nov 18 - Feb 19)
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Timeline item 2 - complete
Updated Review of Environmental Factors and ornithological reports due (May 19)
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Timeline item 3 - complete
Submissions report - Engagement stage one (Jun 19)
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Timeline item 4 - complete
Engagement on the Review of Environmental Factors (2019) (Jul - Aug 19)
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Timeline item 5 - complete
Proposal scheduled for consideration at Council Meeting (Aug 19)
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Timeline item 6 - complete
On-leash option for consideration at Council meeting (Dec 19)
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Timeline item 7 - complete
On-leash access to Station Beach (Wednesday 1 January 2020)
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Timeline item 8 - complete
Commence 12 month off leash trial (pending licence approval)
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Timeline item 9 - complete
NSW Land and Environment Court Judgement (Nov 20)
Dogs are now prohibited from Station Beaches at all times