Dogs in Open Space Action Plan

The revised draft Plan will provide Council with a 10-year planning framework to guide and balance decision-making about how and where provision will be made for dog owners and their dogs, and includes:

• A discussion of issues and opportunities relating to dogs in public open space, in particular:
  • Additional OLAs recommended to address gaps in the OLA network and OLAs that are recommended for decommissioning, relocation or refinement
  • Community education and information requirements
  • Compliance, management and operational requirements

The revised draft Plan has been simplified and refined to address feedback received during the first public exhibition period as well as further technical studies and community workshops undertaken on the key issues of concern, which includes, but are not necessarily limited to, seasonal and timed beach access and the potential changes to OLAs at Davistown, Terrigal and Hamlyn Terrace.

This revised draft Plan has been developed in recognition of the high rates of dog ownership across the Central Coast and will provide Council with a 10-year planning framework that will allow for considered implementation of identified actions. The revised draft Plan has been prepared in consideration of the broad diversity of demands that are placed on our open space network while balancing a range of often competing interests (general and site-specific safety, environmental, social and operational factors). 

A final Plan (if endorsed) will allow Council to ensure budget allocations can be made to identified actions and will support future grant funding applications, while giving confidence to the community about Council actions. 

Prior to the first version of the draft Plan, Council had consulted with the community on a range of topics over time including the Special Rate Variation, Our Coast, Our Waterways, Responsible Dog Ownership Policy, and more. During these conversations with the community, dogs as well as relevant infrastructure and environmental considerations were explored. Council used the information collected throughout these consultation activities, as well as industry best practice and learnings from other local councils, to inform the development of the first draft Plan.

When exhibiting the first draft Plan, Council received extensive feedback from the community which resulted in Council’s Administrator requesting that a simplified and revised draft Plan be developed (Council resolution, Council Ordinary Meeting 13 December 2022). In developing the revised draft Plan, Council then hosted further workshops with selected participants to further refine and discuss solutions to some of the key issues of concern. The revised draft Plan responds to this feedback and the abovementioned Council resolution.   
 

The following changes have been made from the first draft Plan to this revision as a result of community consultation and further investigations of specific sites/concerns:

At the 22 August 2023 Council Meeting, Council resolved to: 

• add Memorial Oval, Davistown as an additional OLA to increase the total number of off leash areas in Davistown (and therefore offset the proposed reduction in OLA size at Illoura Reserve, Davistown), and
• progress an option for potentially developing an FOLA at Terrigal Haven (and therefore reduce safety and conflict of use issues), and publicly exhibit this option alongside the revised draft Plan for not less than 28 days. The option must include information on funding, aesthetics and other impacts. The community’s feedback on this option should be included in the further report. 
   

No. Following community feedback, and review of that feedback, Council is no longer proposing a change in seasonal and/or timed beach restrictions. 

Yes. The revised draft Plan proposes an increase of 13 new OLAs, taking the total number of OLAs servicing the Central Coast from 61 to 68 (net increase based on the number of proposed new OLAs v the proposed decommissioned OLAs while also taking into account the Council resolution of 22 August 2023 regarding Memorial Park). 

The proposed new OLAs are:

• Hilltop Park, Woongarrah
  • To address gap in provision
  • Considers further growth of Warnervale area
• Kurrawa Ave Reserve, Point Clare
  • To accommodate the relocation of the OLA from Fagan Reserve
• Lara Cl Reserve, Ourimbah
  • To address a gap in provision
• Linga Longa Reserve, Yarramalong 
  • To address a gap in provision
• Memorial Oval, Davistown
  • To accommodate additional provision within Davistown
• Portside Cl, Bensville 
  • To address a gap in provision
• Robertson Rd Reserve, Killarney Vale
  • To address a gap in provision
• Tunkawallin/Kanangra Dr Reserve, Gwandalan
  • To address a gap in provision (site will need significant development prior to use)
• Watanobbi Knoll, Watanobbi 
  • To address a gap in provision
• Wattle St Reserve, Canton Beach 
  • To address a gap in provision
• Warwick Ave Reserve, Point Clare
  • To address a gap in provision
• Wiles Ave, Wamberal 
  • To accommodate the relocation of the OLA from Terrigal Haven
• Wyong Rd, Killarney Vale
  • To address a gap in provision

Yes. The revised draft Plan proposes modifications to the boundary of nine OLAs. These changes are recommended to:

• Clearly define OLAs using site landmarks
• Define playspaces where dogs are prohibited from entering in line with the Companion Animals Act 1998 and Council Orders
• Reinforce the regulatory requirements to keep dogs on a leash on footpaths

OLAs will continue to be reviewed to ensure boundaries minimise any conflict with off-leash activities.

The sites identified, together with the rationale for boundary changes are outlined below: 

• Captain Cook Reserve, Green Point
  • To exclude playspace from OLA.
• Craigie Reserve, Kanwal
  • To exclude playspace from OLA.
• Greenvale Rd Reserve, Green Point
  • Extension from 1400sqm Ha to 3000sqm to include more open space. 
• Illoura Reserve, Davistown
  • To mitigate environmental sensitivities. 
• James Watt Drive, Chittaway Bay
  • To exclude shared footpaths and sportsground from OLA.
• Lake Munmorah Fenced OLA
  • Define boundary to exclude off leash dogs from sportsground and bushland. 
• Mataram Ridge Park, Woongarrah 
  • Relocation of OLA within reserve to resolve environmental conflicts in existing OLA.
  • Evidence of significant use by dogs off-leash in proposed area.
• North Avoca Beach
  • Extension south to ‘shark tower’ to easily identify boundary. 
• Peppercorn Ave Reserve, Woongarrah
  • To exclude playspace and shared pathways from OLA.
     

Yes. The Central Coast is constrained in finding provision opportunities because of limitations associated with sensitive environments (including National Parks), the availability of appropriate sites within residential catchments, and the geography and topography of various localities. 

Historically, local government areas have attempted to accommodate requests by residents for off-leash access to parks without a full understanding of the implications particularly relating to:

• conflict with other recreation activities 
• risk management considerations relating to proximity of OLAs to trails/pathways, roads/ carparks and cliff tops
• proximity to sensitive flora and fauna habitats
• sites that are too small
• assumptions that owners would be able to control their dogs in line with regulations and in consideration of other parks users.  

As a result, often unsuitable sites were set aside for off-leash activities. In addition, there has been a significant shift in community attitudes and expectations in relation to the control of dogs and the impact they can have on sensitive environments and community enjoyment of public open space.

The revised draft Plan has identified five sites that are proposed to be decommissioned as OLAs and, where possible alternative sites identified within the catchment provided. 

Rather than prohibit dogs from Terrigal Haven the revised draft identifies this reserve for on leash activity only.  Additionally, a fenced option is also open for community feedback.

The sites identified, together with the rationale for decommissioning, leashing or relocating are outlined below: 

• Fagan Reserve, Point Clare
  • Decommissioning and relocation of the OLA to Kurrawa Reserve (Point Clare)
  • Conflict with sporting activity and close proximity to Brisbane Water Drive
• Kariong Recreation Reserve, Kariong
  • Decommissioning
  • Skatepark sits within this reserve, with a playspace proposed in coming years and remaining open space is limited
• Lees Reserve, Chittaway Bay
  • Decommissioning
  • This is a densely vegetated site being regenerated for catchment protection
  • There is no evidence that the site is used for dog walking/off-leash activities
• Terrigal Haven, Terrigal 
  • Proposed as on leash only with a new OLA proposed at Wiles Avenue, Wamberal
  • High levels of constant vehicle activity within immediate proximity
  • High pedestrian traffic areas along its boundary and associated pathways
  • The natural amenity of the site has been severely impacted by dog activity because of its gradient
  • Proximity of cliff edges
  • Alleged non-compliances regarding leashing for those access the OLA
  • Conflict between dogs and other users of the site
  • Note: a potential FOLA at Terrigal Haven will also be explored during the consultation period to seek community input on potentially retaining the ability to have dogs off-leash while addressing safety and conflict of use issues (by fencing an area for dogs off leash at Terrigal Haven). A preliminary Terrigal FOLA option plan has been developed and is available here, <link to option>
• McEvoy Drainage Easement, Umina Beach
  • Decommissioning
  • Conflicts with shared use thoroughfare
  • Not currently listed as an OL A on Council’s website/promotional material
  • Site adjacent to McEvoy Oval. The Plan does NOT propose any changes to Umina Off Leash Beach.
     

Illoura Reserve, Davistown and its adjacent area, are known through both anecdotal and ecological studies, to provide potential and/or actual habitat for a variety of threatened species including the critically endangered Eastern Curlew (EC), the endangered Bush Stone-curlew (BSC) and the endangered Pied Oystercatcher, amongst other vulnerable species. As such, Council originally proposed to decommission this OLA and convert it to an on-leash area, with new OLAs proposed at Memorial Park and Pine Avenue. 

Following the public exhibition of the first draft Plan and the targeted community workshops held in August 2023, Council is seeking to balance community views with environmental considerations and is now proposing an increase in the protected area resulting in a reduction in the OLA, while maintaining off-leash activities. This reduction is now proposed to be offset with the inclusion of an OLA at Memorial Park, which will be partially fenced to address and safety risks (i.e., the park/road interface for example).

It is also important to address commentary regarding the recent ecological study that was undertaken in respect of Illoura Reserve. 

• Council staff followed relevant procurement policies to engage an independent ecologist to undertake the threatened species assessment at Illoura Reserve. 
• The historical employment of the ecologist by a pre amalgamated Council over 18 years ago is not considered an actual conflict of interest in relation to the works commissioned to be undertaken in relation to the revised draft Plan. It is up to the reviewer of such reports to review the accuracy of the report, and their findings, and assess those findings in relation to sound scientific methods and established norms in the respective field, which Council staff have done on receipt and finalisation of the report. Furthermore, commentary that Council staff somehow unduly influenced the report by requesting amendments are untrue and unfounded. Council staff, in reviewing the report, sought clarification on editorial/typographical amendments only, which is common practice. Council staff did not seek amendment in relation to the substance of the report or the findings of the report. 
• The affiliation of an ecologist with environmental groups is not considered an actual conflict of interest in regard to providing advice to Council as it is reasonable to assume that an ecologist involved in biodiversity conservation has an interest in the preservation of vulnerable and/or endangered species. 
• Commentary about the lack of the BSC in the OLA or the protected area are misleading. This species has not been previously recorded nesting or roosting on the site however, there are many records of it foraging including during the 2023 surveys. The BSC recovery plan states that a threat to the BSC are dogs off leash so it is entirely possible that any BSC population in this locality are affected by the ongoing presence of off-leash dogs. Furthermore, other threatened/vulnerable and endangered species identified near to the OLA show that there are other species of concern that Council is required to consider. 
• Council, when making decisions, is required under section 8A of the Local Government Act 1993 to consider a number of principles which includes, but is not limited to, the diverse local community needs and interests (section 8A(2)(a)), the long term and cumulative effects of actions on future generations (section 8A(2)(c)) and the principles of ecologically sustainable development (section 8A(2)(d)). The latter includes consideration of the precautionary principle, preservation of biological diversity, and the integration of the protection of ecological processes and natural systems with economic development and social development. The proposed amendments to the OLA at Illoura Reserve are Council’s attempt to balance all these considerations. 

Terrigal Haven OLA is recognised as a popular site for Off Leash activity. However the site: 

• has high levels of constant vehicle activity within the immediate proximity 
• has high pedestrian traffic area along its boundary and associated pathways 
• has had its natural amenity impacted by dog activity due to its gradient 
• is in close proximity to cliff edges
• has high levels of non-compliance regarding leashing requirements surrounding the OLA
• is subject to conflict between dogs and other users of the site

The revised draft Plan recommends that the Terrigal Haven OLA be converted to on-leash area and proposes a new OLA at Wiles Ave, Wamberal to fill the gap in grassed OLA provision for the area. 

At the 22 August Council Meeting, Council resolved to investigate an option for developing a FOLA at Terrigal Haven, and publicly exhibit this option alongside the revised draft Plan for not less than 28 days. The option must include information on funding, aesthetics and other impacts. The community’s feedback on this option should be included in the further report.

A preliminary Terrigal Haven Fencing Option plan has been developed and is available here. Early estimates show the approximate cost to be between $200,000 and $250,000 for a FOLA at Terrigal Haven. A range of fencing options for OLAs are available with the below images representing both ends of the cost scales.   

FOLAs often amplify the issues we see in OLAs as the dogs are more centralised and concentrated within the reserve.

Due to this concentrated use the below issues are amplified:

• Risks to young children and prams 
• Unattended or uncontrolled dogs
• Dog owners not being vigilant
• Increased likelihood of dog bites, attacks and rushing 
• Ground erosion from concentrated use
• Excludes shared use

FOLAs are not intended for uncontrolled, aggressive or unsocialised dogs. These dogs should always be on a leash when in a public place.

For these reasons, the fencing of an OLA will only be considered if in close proximity to a sensitive environment or for safety reasons (e.g., close proximity to a busy road, playspace or sportsground). In these cases, preference should be given to partial fencing or natural landscape barriers (e.g., Planting)

All of Council’s 6 current FOLAs (Buff Point, Ettalong, Gorokan, Lake Munmorah, Narara and Tuggerah) will remain fenced. 
 

The Companion Animals Act 1998 (CAA) requires dog owners to keep their dog under ‘effective control’ but does not provide any criteria that defines the meaning of ‘effective control’, other than mandating that dogs be on lead in public places not declared off-leash.

The revised draft Plan states:

There is significant community frustration with common non-compliances such as dogs being off leash, dog litter and effective control.

Dogs control and compliance issues affect all public reserves, therefore Ranger resources need to be applied to on leash areas and dogs prohibited areas in addition to OLAs.

It is a requirement of the CAA that a dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person.

In additional to the above, It is recommended that Council adopt the following requirements to define ‘effective control’ of dogs and the expectation of their owners:

In on-leash areas dogs are: 

• to be on leash at all times and within CAA age and capability requirements 
• to be on a leash (max length 2.4m) 
• not be tethered to a fixed place or object whilst unattended by their owner 

In OLAs dogs are to: 

• be able to be recalled at owner’s commands 
• remain within clear sight of their owner 

Dogs are not permitted to enter dogs prohibited areas. 

Yes. An estimated approximation of 65,000 dogs were residing within the Central Coast LGA in 2022, with an estimated projection of 80,000 dogs by 2032.

The Office of Local Government indicates an approximate150,000 microchipped dogs on the Central Coast with an approximate 110,000 registered dogs in 2023, however deceased and relocated pets are not identifiable from database records. As a result, dogs registered since 1988 remain on the NSW Government database.

Only dogs listed on the registration database as of 2008 were included in dog population counts for the revised draft Plan. These 55,257 dogs are likely to be an overestimation on the basis that dogs have an average lifespan of 11/12 years. According to Animal Medicines Australia (AMA), the ‘owned’ dog population in Australia is likely to be significantly higher than is reflected on registration data bases around the country. 

Council staff will continue to explore funding opportunities to deliver the actions identified in the strategy in accordance with their listed priority. This may be through funding available in Council’s recurrent annual budget (Operational Plan) or via other external funding opportunities (e.g., Grants) as they become available. 

Any final Plan (if endorsed) will be reviewed every 2 years to ensure that new and emerging needs are identified and addressed.
 

Ideally, all plans and strategies of Council would have full funding secured before development and adoption, but this is unrealistic. Often, councils are only eligible for grants if there are adopted actions identified in a Council endorsed strategy. In order for Council to allocate funding in the annual budgets or attract funding from external sources such as grant funding, it is a significant advantage for an adopted strategy or plan to be in place. 

The exhibition of the revised draft Plan provides the community with an opportunity to let Council know if we’ve got it right. Once a final Plan is in place (if adopted), Council will explore funding opportunities to deliver the actions identified in the Plan in accordance with their listed priority.

Council invited the community to have their say on the revised draft Plan between 1 September and 1 October 2023 via:

• the online submission form (now closed) 
• email: dogsinopenspaces@centralcoast.nsw.gov.au
• post: PO Box 20, Wyong NSW 2259

Council understands that this topic is a passionate one for the community. Council also understands that the best outcomes are generated when we work together in a respectful manner to find solutions, where possible, and we look forward to receiving your feedback.