donnelly park plan of management final may 09...donnelly park includes community land owned by...

Department of Asset and Services Parks and Urban Landscapes Division

DONNELLY PARK PLAN OF MANAGEMENT

FINAL

MAY 2009

Parkland Environmental Planners PO Box 41 FRESHWATER NSW 2096 tel: (02) 9938 1925 mobile: 0411 191866 fax: (02) 9981 7001 email: [email protected]

JMD Design Pty Ltd 131 Catherine Street LEICHHARDT NSW 2040 tel: (02) 9564 1186 fax: (02) 9564 5303 [email protected]


PARKLAND ENVIRONMENTAL PLANNERS JMD DESIGN

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Table of Contents EXECUTIVE SUMMARY ...............................................................................................................I

1 INTRODUCTION............................................................................................................. 1

1.1 WHAT IS A PLAN OF MANAGEMENT? ............................................................................... 1 1.2 BACKGROUND ........................................................................................................... 1 1.3 OBJECTIVES OF THIS PLAN OF MANAGEMENT...................................................... 1 1.4 PROCESS OF PREPARING THE PLAN OF MANAGEMENT ...................................................... 2 1.4.1 INTRODUCTION ............................................................................................................ 2 1.4.2 LOCAL GOVERNMENT ACT ........................................................................................... 2 1.4.3 CROWN LANDS ACT..................................................................................................... 2 1.5 STRUCTURE OF THE PLAN OF MANAGEMENT ................................................................... 4

2 DESCRIPTION OF DONNELLY PARK........................................................................... 7

2.1 SITE HISTORY............................................................................................................. 7 2.2 STUDY AREA .............................................................................................................. 8 2.3 PROPERTY DETAILS................................................................................................ 10 2.4 LEGISLATION AND STANDARDS................................................................................ 11 2.5 VALUES ....................................................................................................................... 12 2.6 VISION ....................................................................................................................... 13 2.7 MANAGEMENT GOALS AND PERFORMANCE TARGETS...................................... 13 2.8 PERMISSIBLE USES................................................................................................. 14 2.9 PERMISSIBLE STRUCTURES........................................................................................... 16

3 LAND CLASSIFICATION AND CATEGORIES............................................................. 17

3.1 LAND CLASSIFICATION .................................................................................................. 17 3.2 LAND CATEGORISATION ................................................................................................ 17

4 WHOLE OF PARK STRATEGIES................................................................................. 21

4.1 INTRODUCTION ............................................................................................................. 21 4.2 LEASES AND LICENCES................................................................................................. 21 4.2.1 INTRODUCTION ...........................................................................................................21 4.2.2 CURRENT USE AGREEMENTS .......................................................................................22 4.2.3 LEASING AND LICENSING PRINCIPLES ...........................................................................22 4.3 INTENSITY OF USE................................................................................................... 25 4.4 GENERAL MANAGEMENT STRATEGIES........................................................................... 26

5 LAND CATEGORY – PARK ......................................................................................... 33

5.1 LAND WITHIN THIS CATEGORY ....................................................................................... 33 5.2 CORE OBJECTIVES........................................................................................................ 33 5.3 STRATEGIES............................................................................................................. 34



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6 LAND CATEGORY – NATURAL AREA BUSHLAND................................................. 39

6.1 LAND WITHIN THIS CATEGORY ....................................................................................... 39 6.2 CORE OBJECTIVES ....................................................................................................... 39 6.3 STRATEGIES ................................................................................................................ 40

7 LAND CATEGORY – NATURAL AREA FORESHORE................................................ 43

7.1 LAND WITHIN THIS CATEGORY ....................................................................................... 43 7.2 CORE OBJECTIVES........................................................................................................ 43 7.3 STRATEGIES................................................................................................................. 44

8 LAND CATEGORY – GENERAL COMMUNITY USE .................................................. 45

8.1 LAND WITHIN THIS CATEGORY ....................................................................................... 45 8.2 CORE OBJECTIVES........................................................................................................ 45 8.3 STRATEGIES............................................................................................................. 46

9 PLANNING AND MANAGEMENT OF CROWN LAND ................................................ 47

9.1 LAND COVERED BY THIS SECTION .................................................................................. 47 9.2 MANAGEMENT GUIDELINES FOR CROWN LAND ............................................................... 47 9.2.1 INTRODUCTION ...........................................................................................................47 9.2.2 USE AND MANAGEMENT OF CROWN LAND.....................................................................48 9.2.3 PRINCIPLES OF CROWN LAND MANAGEMENT ................................................................49 9.2.4 PUBLIC PURPOSE .......................................................................................................49 9.2.5 CASE LAW ..................................................................................................................50 9.2.6 POLICIES....................................................................................................................50 9.2.7 LEASES AND LICENCES................................................................................................50 9.2.8 DEVELOPMENT APPLICATION REQUIREMENTS ...............................................................51 9.3 RESERVED CROWN LAND.......................................................................................... 51 9.4 STRATEGIES ................................................................................................................ 52

10 FUNDING AND SCHEDULE OF WORKS..................................................................... 55

10.1 SOURCES OF FUNDING.................................................................................................. 55 10.2 RANKING ..................................................................................................................... 56 10.3 SCHEDULE OF STRATEGIES AND ACTIONS ...................................................................... 57 REFERENCES........................................................................................................................ 59



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Appendices A Planning and development B Land assessment C Results of consultations D Comments from building users and residents E Submissions from public exhibition F Public hearing report G Amendments to the Donnelly Park Plan of Management Figures Landscape concept plan ………………………………………………………………………………….ii FIGURE 1.1 PROCESS OF PREPARING THIS PLAN OF MANAGEMENT............................. 3 FIGURE 2.1 LOCATION OF DONNELLY PARK ........................................................................ 9 FIGURE 2.2 AERIAL VIEW OF DONNELLY PARK ................................................................... 9 FIGURE 2.3 LAND OWNERSHIP ............................................................................................. 10 FIGURE 3.1 CATEGORIES OF COMMUNITY LAND .............................................................. 18 Tables TABLE 1.1 STRUCTURE OF THIS PLAN OF MANAGEMENT ................................................ 5 TABLE 1.2 CONTENTS OF A PLAN OF MANAGEMENT FOR COMMUNITY LAND.............. 5 TABLE 2.1 HISTORY OF DONNELLY PARK ............................................................................ 7 TABLE 2.2 LAND STATUS IN DONNELLY PARK................................................................... 11 TABLE 2.3 IMPORTANT FEATURES AND VALUES OF DONNELLY PARK ........................ 12 TABLE 2.4 MANAGEMENT GOALS AND PERFORMANCE TARGETS ................................ 14 TABLE 2.5 EXAMPLES OF PERMISSIBLE USES IN DONNELLY PARK.............................. 15 TABLE 2.6 EXAMPLES OF PERMISSIBLE DEVELOPMENTS.............................................. 16 TABLE 3.1 LAND CATEGORY ASSESSMENT....................................................................... 19 TABLE 4.1 PRINCIPLES FOR LEASING AND LICENSING OF COMMUNITY LAND AND

BUILDINGS ............................................................................................................ 23 TABLE 4.2 WHOLE OF PARKLAND PLANNING, MANAGEMENT AND DEVELOPMENT

STRATEGIES......................................................................................................... 26 TABLE 5.1 STRATEGIES FOR THE LAND CATEGORY PARK............................................. 34 TABLE 6.1 STRATEGIES FOR LAND CATEGORY NATURAL AREA - BUSHLAND............ 40 TABLE 7.1 STRATEGIES FOR LAND CATEGORY NATURAL AREA – FORESHORE........ 44 TABLE 9.1 PRINCIPLES OF CROWN LAND MANAGEMENT ............................................... 49 TABLE 9.2 PLANNING, MANAGEMENT AND DEVELOPMENT STRATEGIES FOR CROWN

LAND ...................................................................................................................... 52 TABLE 10.1 POSSIBLE SOURCES OF EXTERNAL FUNDING............................................. 55 TABLE 10.2 PRIORITY ORDER KEY ...................................................................................... 57 TABLE 10.3 SCHEDULE OF STRATEGIES AND ACTIONS.................................................. 57



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Acknowledgements Kogarah City Council Gary Eastman Manager, Parks and Urban Landscapes Emma Davis Recreation Planner Damien Duggan Parks Technical Officer Isabelle Ghetti Manager Catchment and Waterways Karen Harper Bushcare Officer Judith Howes Administration Officer, Assets and Services Directorate Peter Karadimas Manager, Property Maintenance Glen Moody Asset and GIS Co-ordinator Rod Neville Manager, Property and Commercial Activities Kent Walton Manager Property Department of Lands Ian Ferguson Senior Environmental Officer – Land Management Community and user groups Kerrie Bible Secretary, Connells Point Progress Association George Jacobs Step into Life Daryl Kennedy Leader, 1st Kyle Bay Sea Scouts John McCathie President, Connells Point Sailing Club Sue Morris Region Office Manager, Southern Districts Scout Association George Saab Connells Point Rovers Football (Soccer) Club



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EXECUTIVE SUMMARY This Plan of Management for Donnelly Park 2009 is the first Plan of Management prepared for Donnelly Park at Connells Point. This plan was prepared to provide future direction and policy for the planning, management and development of Donnelly Park. The community had an opportunity to comment on the Draft Plan of Management during the public exhibition period of up to 42 days in December 2008-January 2009, and to comment on the proposed categorisation of community land at a public hearing held after the public exhibition period. The principal recommendations of this Plan of Management are to continue existing activities, and implement the following actions. Spatial actions are shown in the concept plan on the next page. Priority Action

1 Relocate the light from near the basketball court to the northern end of the sailing clubhouse.

Upgrade lighting at the Kyle Parade parking area to discourage anti-social behaviour at night.

Prepare a Landscape Master Plan for the park, including landscape design guidelines. Replace the playground equipment and softfall. Construct a children’s bike track around the playground. Install new barbecue equipment and picnic settings, and remove the existing settings. Install paved accessible pathways linking the picnic and play area, carpark, Kyle Parade,

toilets, the jetty and the waterfront. Pave the apron between the boat ramps and the community buildings. Establish a shared pedestrian-vehicle zone at the vehicle entry to the park. Prepare an Asset Management and Maintenance Plan for the park. 2 Construct a walking / exercise track around the perimeter of the park. Install seating along the foreshore and perimeter path. Install solar lighting along the foreshore. Plant shade and landmark trees along the foreshore. Plant locally indigenous shade trees in the picnic, barbecue and playground area. Establish a small picnic area between the foreshore and the toilets. Replace the sea wall with an environmentally friendly rock batter and saltmarsh planting. Construct new stairs to access the water. Lay new turf adjacent to the waterfront. Continue maintenance and regeneration of the bushland. Prepare a Water Management Plan. Install directional and regulatory signage. 3 Install fitness equipment at small exercise stations around the walking track. Close unused paths in the bushland, amalgamate paths not required. Reconfigure and rationalise carpark areas adjacent to the sailing club. Formalise the edge to the garden bed east of the Sea Scouts building. Replace the log barrier rails to the carpark with a more aesthetic vehicle barrier. Survey the park to establish encroachments.

However, it should be noted that the implementation of the recommended strategies, whether wholly undertaken in one attempt or staged over an extended period of time, will be dependent on the demands placed on Council, its preferred priorities in any one financial year, and the availability of resources each financial year.



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Landscape concept plan



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1 INTRODUCTION 1.1 WHAT IS A PLAN OF MANAGEMENT? A Plan of Management is a document that identifies issues affecting public open space, and outlines how a park or reserve and its facilities will be used, improved, maintained and managed in the future. A Plan of Management is typically accompanied by a landscape plan that shows proposed on-the-ground changes to that open space. 1.2 BACKGROUND This is the first Plan of Management that has been prepared for Donnelly Park at Connells Point. The impetus to prepare this Plan of Management was to resolve issues that had recently arisen regarding uses of the park. This Plan of Management is integrated with a Plan of Management for the two community buildings within Donnelly Park that was prepared in 2007. For specific uses, and management direction, strategies and actions relating to the community buildings refer to the Plan of Management for Donnelly Park Buildings (Parkland Environmental Planners, 2007). Donnelly Park includes community land owned by Kogarah City Council, and Crown land owned by the State of NSW. As such this Plan of Management has been prepared and structured according to the requirements of the Local Government Act 1993 and Crown Lands Act 1989. Most of Donnelly Park is classified as community land under the Local Government Act 1993. Section 36 of the Act requires that all community land must have a Plan of Management prepared for it, and the land must be categorised. Community and Crown land must be used and managed in accordance with a Plan of Management applying to the land. In recognition of the importance of the park to the Connells Point and wider community, it is recommended that Council categorise the land comprising the park as Park, Natural Area – Bushland, and Natural Area – Foreshore. The two community buildings have already been categorised as General Community Use. As well as being a requirement of the Act, the preparation of this Plan of Management is an important step in defining and providing a level of certainty for the future use and development of the park. 1.3 OBJECTIVES OF THIS PLAN OF MANAGEMENT This Plan takes a holistic approach to the planning, management and future of Donnelly Park. This Plan explores the character of the area in terms of past and present influences in order to preserve those that enhance its unique qualities. The key objectives of this Plan of Management are to:

� engage the public in consultation to identify their issues and preferences, and to resolve, where feasible, conflicts of interest between any party relative to the proposed planning, management and development of the parkland.

� protect and enhance the community values for the land.



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� reflect community visions and aspirations for the use of the land. � ensure the environmental conservation of the park’s natural resources, including its

bushland and foreshore areas. � provide for ongoing use of the land for a range of appropriate community uses. � meet legislative requirements for use and management of community and Crown land. � provide the community, park users and Kogarah City Council with a clear direction on

the future use and management of the park . � base the plan’s goals and objectives, recommendations, policies and/or strategies on

the broader community’s agreed values and vision for the parkland. � provide a framework to guide short- and medium-term management of the park that

reflects community needs and expectations, and adds to the quality of life of the local community.

� permit the land, or parts of the land, to be leased or licensed in the best interests of the community.

� provide a strategy for future maintenance, capital works and appropriate infrastructure. � address the management and use of the park within available resources. � ensure the financial viability and feasibility of any proposals by considering Council’s

existing and future obligations. 1.4 PROCESS OF PREPARING THE PLAN OF MANAGEMENT 1.4.1 Introduction The process of preparing this Plan of Management is outlined in Figure 1.1. Preparation of this Plan has taken into account comments made at meetings with user groups and the community, and submissions from local residents regarding the public exhibition and the public hearing into the proposed categorisation of community land. 1.4.2 Local Government Act The Local Government Act 1993 requires that draft Plans of Management are placed on public exhibition for a minimum of 28 days, with a further 14 days allowed for written comments. Submissions received during the public hearing into the proposed categorisation of community land and the public exhibition of the draft Plan of Management were considered when finalising the Plan of Management. After Kogarah City Council adopts this Plan of Management, it is obliged to follow its directions. Council may not undertake or approve any activities, uses or facilities that are not provided for in, or consistent with the intent of, this Plan of Management. 1.4.3 Crown Lands Act The process required by the Department of Lands under Sections 112 to 115 of the Crown Lands Act 1989 and the Crown Lands Regulation 2006 for preparing a Plan of Management applying to Crown land is to:

� prepare a draft Plan of Management (Section 112 of the Act). The Minister may cause or direct a draft Plan of Management to be prepared; or a Reserve Trust may, with the Minister’s consent, prepare a draft Plan of Management for the reserve.



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Figure 1.1 Process of preparing this Plan of Management

CONSULTATIONS TASKS OUTPUTS Inception meeting INCEPTION �� Review Council’s files, background reports, plans

REVIEW BACKGROUND INFORMATION

�� Letters to interested groups Liaison with representatives from: � Connells Point Progress Association � Connells Point Rovers Soccer (Football)

Club � Connells Point Sailing Club � 1st Kyle Bay Sea Scouts � Southern Metropolitan Region Scouts � Step Into Life Comments sheet to members of user groups Letterbox drop to local residents Presentation of resident comments to Connells Point Progress Association March 2008 Liaison with Council staff Liaison with Department of Lands Community meeting May 2008

CONSULTATIONS

Written comments from letterbox drop to residents, and comments sheet to user group representatives

�� Review of drafts by Council staff and Dept. Lands Meeting with Council’s Project Manager

PREPARE DRAFT PLAN OF

MANAGEMENT

Preliminary Draft PoM Exhibition Draft PoM

�� COUNCIL

RESOLUTION / DEPARTMENT OF

LANDS APPROVAL

Report to Council

�� Letters to park user and community groups Notices placed in St George Leader Documents and plans on display at Council and other locations (libraries, on Council’s website) Public hearing regarding categorisation

PUBLIC EXHIBITION

Public hearing report Written submissions to Council

�� Meeting with Council’s Project Manager CONSIDER

SUBMISSIONS

�� PREPARE FINAL PLAN

OF MANAGEMENT

�� Resolution by Kogarah City Council

ADOPTION Plan of Management for Donnelly Park

�� IMPLEMENTATION



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� prepare a draft Plan of Management (Section 112 of the Act). The Minister may cause or direct a draft Plan of Management to be prepared; or a Reserve Trust may, with the Minister’s consent, prepare a draft Plan of Management for the reserve.

� refer the draft Plan of Management to the Department of Lands for comment before the public exhibition (Section 112 of the Act).

� place a public notice in the NSW Government Gazette and in local newspapers advising the public of the public exhibition (Section 113 of the Act, Clause 35 of the Regulation)

� exhibit the draft Plan of Management to the public for not less than 28 days to allow for submissions to be made to Council.

� refer public submissions and any comments submitted by other government agencies regarding the draft Plan of Management to the Minister for Lands and Council as Trust Manager for review.

� make any alterations to the Plan of Management as required by the Minister as a result of public submissions under Section 114 of the Crown Lands Act 1989.

� Council to adopt the Plan of Management. � submit the Plan to the Minister with a recommendation for adoption under Section 114

of the Crown Lands Act 1989. � “carry out and give effect to” the Plan of Management pursuant to Section 114 of the

Crown Lands Act 1989. The Reserve Trust may not allow any operations (activities, uses and developments) that are not in accordance with the Plan of Management.

1.5 STRUCTURE OF THE PLAN OF MANAGEMENT This Plan of Management is structured in a manner that first presents the overall strategies for the parkland relative to the whole of the park, and then presents strategies for the recommended land management categories according to the provisions of the Local Government Act 1993. Then, according to the Crown Lands Act 1989, it addresses current and future land management issues associated with the Crown land in the park. This Plan of Management is divided into the following sections, as outlined in Table 1.1.



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Table 1.1 Structure of this Plan of Management Section What does it include?

1 Introduction What is a Plan of Management?, background, objectives, process, structure

2 Description of Donnelly Park History, location and setting, land tenure, uses, leases, maintenance, insurance

3 Land classification and categories

Classification and categorisation under the Local Government Act

4 Whole of park strategies Legislation, values, vision, management goals and performance targets, permissible uses and structures, management structure, future leases and licences

5 Land Category: Park Background, strategies, actions, performance measures to address issues

6 Land Category: Natural Area - Bushland

Background, strategies, actions, performance measures to address issues

7 Land Category: Natural Area - Foreshore

Background, strategies, actions, performance measures to address issues

8 Land Category: General Community Use

Background

9 Planning and management of Crown land

Management and use guidelines, strategies, actions, performance measures to address issues

10 Funding and schedule of works

Funding sources, schedule of strategies and actions

Appendices A Planning and development – planning controls, proposed uses and developments. B Land assessment – natural and man-made resources in the park. C Results of consultations D Comments from user groups and residents E Public exhibition submissions. F Public hearing report into proposed categorisation of community land. G Amendments to the Donnelly Park Plan of Management arising from the public exhibition. Requirements of the Local Government Act for the contents of a Plan of Management, and where they can be found in this Plan, are listed in Table 1.2. Table 1.2 Contents of a Plan of Management for community land

Requirement of the Local Government Act

How this plan meets

the Act A description of the condition of the land, and of any buildings or other improvements on the land as at the date of adoption of the Plan of Management

Appendix B

A description of the use of the land and any such buildings or improvements as at the date of adoption of the Plan of Management.

Appendix B

Categorisation of community land Section 3 Core objectives for management of the land. Sections 3-8 Purposes for which the land, and any buildings or improvements, will be permitted to be used.

Sections 4-9 Appendix A

Purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise.

Sections 4-9 Appendix A

A description of the scale and intensity of any such permitted use or development. Section 4 Authorisation of leases, licences or other estates over community land. Section 4 Performance targets. Sections 4-9 Means of assessing achievement of objectives and performance targets. Sections 4-9



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The objectives of the Crown Lands Act in Section 10 and the principles of Crown land management in Section 11 of the Act ensure that Crown land is managed for the benefit of the people of NSW. This Plan of Management has been prepared according to the requirements of Part 5 Division 6 – Plans of Management of the Crown Lands Act 1989. A Plan of Management will satisfy the Crown Lands Act 1989 if the points in Table 1.3 are addressed. Table 1.3 Contents of a Plan of Management consistent with the Crown Lands Act

A Plan of Management satisfies the Crown Lands Act if: How this plan satisfies the Act The objects of the Act (Section 10) are included. Section 9 The Plan of Management and its outcomes incorporate and satisfy the principles of Crown land management (Section 11).

Section 9

Any proposed uses, developments and management practices recommended in the Plan of Management must be ancillary to or supportive of the public purpose for the reserved or dedicated land, and with any policies of the Department of Lands applying to Crown reserves (Section 87).

Section 9

The role and functions of the Reserve Trust (Sections 92-95). Section 9 Provisions of the Act for sale, lease, or mortgage of Crown land, or granting an easement or a licence are outlined (Section 102).

Section 9

Uses for which temporary licences may be granted (Section 108) are outlined.

Section 9

Requirements for referral of draft plans (Section 113) are met. Section 1 The Plan of Management is prepared by the Reserve Trust under Section 112 of the Act.

The Plan of Management is prepared by Kogarah City Council as Trust Manager of Crown Land in Donnelly Park under Section 48 of the Crown Lands Act.

The Plan of Management must address any matters required by the Minister responsible for Crown lands (Section 112).

No such requirements have been received by the Minister.

If the Reserve Trust proposes that a reserve is to be used for an additional purpose (Section 112), the draft plan must specify or deal with these matters:

� the condition of the reserve, and any buildings or other improvements on the reserve.

� existing use of the reserve, and of any buildings or other improvements on the reserve.

� the nature and scale of the proposed additional purpose. � the nature, scale and term of any lease, licence or other

arrangement that is intended to be granted or entered into in relation to the additional purpose.

� any submissions made in relation to the draft plan as a result of the consultation process and public exhibition requirements under Section 113.

No additional purposes are proposed.

The requirements of reports by Reserve Trusts are outlined (Section 122, and Clause 32 of the Crown Lands Regulation 2006).

Section 9



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2 DESCRIPTION OF DONNELLY PARK 2.1 SITE HISTORY Key events in the history of Donnelly Park are in Table 2.1. Table 2.1 History of Donnelly Park Year Event Donnelly Park was once a shallow bay with tea-tree and swamp areas and clean sand. Aboriginal occupation of the Donnelly Park foreshore is indicated by remains of shellfish in a midden. 1961 Kogarah Council approved the proposed reclamation of Donnelly Park. No buildings existed

in the park at that time, and trees grew on the current open grassed area. 1962 Council was planning and redesigning the Donnelly Park area. The 1st Kyle Bay Boy Scout

Group sought the availability of land for a Scout hall and headquarters. Various locations requested included Donnelly Park.

1965-1966

The Connells Point Sailing Club and Sea Scouts buildings were constructed. Netted swimming baths existed south of the current jetty. Council purchased approximately 400 cubic yards of dimension stone from the old mortuary at Regents Street for $1,000. This stone would face approximately 500 feet of the sea wall. New toilets were constructed.

1967 A boat ramp south of the sailing club building existed. An additional ramp was proposed at the Sea Scouts building. The Governor of NSW, Sir Roden Cutler, approved reclamation of a portion of Connell’s Bay by Kogarah Council. The sea wall was being constructed.

1968 The Kyle Bay and District Ratepayers Association requested steps be placed on the east side of Donnelly Park near the Connells Point Sailing Club clubhouse.

1969 Lot 7048 DP 1027191 is Crown land Reserve 87279 notified 25 July 1969 for the purpose of public recreation. Council was appointed trustee of the Donnelly Park (R87279) Reserve Trust on 24 October 1969. Reclamation raised the ground level by 4 to 5 feet, which resulted in poor drainage. Water pipes were provided, and the ground was trimmed, shaped and grassed. Council purchased land from the Berman family to add to the park. Lot 19 DP 29352 was purchased by Council from Hooker-Rex Pty Ltd.

1970 Donnelly Park was granted to Connells Point Rovers Soccer Club for a football field. 1972 The mesh of the swimming baths was in poor condition, and the baths were not shark-proof.

Most piles supporting the net were in good to fair condition. 1973 The barbecues were placed in Donnelly Park.

Connells Point Rovers Soccer Club requested use of Donnelly Park for soccer and T-ball. 1976 Estimates were prepared for construction of the jetty wharf and ramp. 1976-79

The Connells Point Rovers Soccer Club played soccer all day on Saturdays and trained midweek afternoons in winter.

1980 The swimming baths were netted. 1981 Junior T-ball was played in the park. 1984 Residents complained about balls from soccer and baseball being kicked and hit into

properties. 1985 A local playgroup asked Council for updated play equipment.

Council allowed organised sporting use of the park one Sunday per month in the winter season.



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Swimming enclosure in Donnelly Park Table 2.1 History of Donnelly Park (cont.) Year Event 1986 A hospital charity fun run started at South Hurstville RSL Club and finished at Donnelly Park.

Council considered a proposal to construct a mini-bike track at Donnelly Park. Residents opposed a skate ramp under construction on land at the rear of 162-166 Terry Street and adjoining Donnelly Park. Council decided not to proceed with the skate ramp.

1988 Council received a request to operate a pleasure craft business from the beach. Council declined the request, citing public liability concerns and conflict with the existing activities of the sailing club and Sea Scouts.

1991 Donnelly Park has a soccer field and is the home ground of the Connells Point Rovers Soccer Club.

1995 The basketball rings were installed. St George PCYC Baseball requested training and competition games. The baseball screen was relocated because of complaints from neighbours.

1996 St George Junior Baseball Club Inc. played on Saturday mornings in summer. T-ball training was held on mid-week afternoons.

1997 A draft Plan of Management, concept landscape plan and playground design was on exhibition on Saturday 17 May in the Connells Point Sailing Club, and for 6 weeks at Council. A resident requested holding a fireworks display in the park.

1998 Foxes were sighted in the park. Fitness equipment was suggested, but was not installed because of resident opposition.

Since 1998, the Connells Point Rovers Soccer Club moved to Poulton Park as its home ground. Donnelly Park is no longer used for soccer games, with soccer use limited to skills training for juniors . 2.2 STUDY AREA The study area is Donnelly Park, which is located on the northern foreshore of Connells Bay at Connell’s Point. Refer to Figures 2.1 and 2.2.



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Figure 2.1 Location of Donnelly Park

Source: UBD Figure 2.2 Aerial view of Donnelly Park

Donnelly Park is an irregular south facing horse-shoe shaped park that wraps around the arc of Connells Bay. The park is bounded to the west and north by residential housing backing on to the reserve, and along the east side by Kyle Parade. The surrounding land use is predominantly residential, comprising mainly large detached dwellings on large blocks. To the south is Connells Bay.



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Houses to the north-west of the park An internal access road provides vehicle and pedestrian access between Kyle Parade and the carpark to the west of the sailing club building. A detailed description of the study area is outlined in Appendix B. 2.3 PROPERTY DETAILS Kogarah City Council and the Department of Lands are the owners of land in Donnelly Park. The land parcels that comprise the park are listed in Table 2.2 and shown in Figure 2.3. Portions of the parkland are Crown land, makes up approximately 20% of the park area, and is the land that was reclaimed from Connells Bay. The surrounding land parcels are community land owned by Kogarah City Council, comprising approximately 80% of the park area. Figure 2.3 Land ownership



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Table 2.2 Land status in Donnelly Park No. Title information Ownership Management Tenure 1 Lot 55 Sec 1 DP 9592 Kogarah Council Kogarah Council 2 Lot 56 Sec 1 DP 9592 Kogarah Council Kogarah Council 3 Lot 7048 DP 1027191 Crown reserve (1)

87279 for Public Recreation

Donnelly Park (R87279) Reserve Trust

- Crown reserve (1)

752056 for Future Public Requirements

Dept. of Lands

4 Lot 12 DP 202765 Kogarah Council Kogarah Council 5 Lot 11 DP 202765 Kogarah Council Kogarah Council Part leased for Sea Scouts

building 6 Lot 3 Sec 5 9592 Kogarah Council Kogarah Council Part leased for Connell’s

Point Sailing Club building and Sea Scouts building

7 Lot 4 Sec 5 9592 Kogarah Council Kogarah Council Part leased for Connell’s Point Sailing Club building

8 Lot 5 Sec 5 DP 9592 Kogarah Council Kogarah Council 9 Lot 6 Sec 5 DP 9592 Kogarah Council Kogarah Council 10 Lot 19 DP 29352 Kogarah Council Kogarah Council 11 Lot 15 DP 519422 Kogarah Council Kogarah Council 12 Lot 13 DP 519421 Kogarah Council Kogarah Council 13 Lot 11 DP 519420 Kogarah Council Kogarah Council 14 Lot 9 DP 519419 Kogarah Council Kogarah Council 15 Lot 7 DP 519418 Kogarah Council Kogarah Council 16 Lot 5 DP 519417 Kogarah Council Kogarah Council 17 Lot 2 DP 653403 Kogarah Council Kogarah Council 18 Lot 21 DP 529895 Kogarah Council Kogarah Council (1) State of NSW as Crown land administered by the Department of Lands under the Crown Lands Act 1989.

Lot 7048 DP 1027191 is Crown Reserve 87279 notified 25 July 1969 for the purpose of Public Recreation. Kogarah Municipal Council was appointed Trust Manager of the Donnelly Park (R87279) Reserve Trust on 24 October 1969. Donnelly Park (R87279) Reserve Trust was named and established on 12 May 1995. Kogarah City Council manages the affairs of the Trust. To the north of Crown Reserve 87279 and between Council properties 13-16 above, is a parcel of Crown land that appears to be reserved for Future Public Requirements. This portion of land may have been left over after the movement of the original High Water Mark to a later High Water Mark, as land was progressively reclaimed from the bay. The Department of Lands are investigating identification of that land parcel, and upon confirmation that it is Crown land will be added to Reserve 87279. 2.4 LEGISLATION AND STANDARDS Management, use and operation of Donnelly Park should meet the requirements of the following legislation and standards:

� Local Government Act 1993. � Crown Lands Act 1989.



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� Environmental Planning and Assessment Act 1979. � State Environmental Planning Policy No. 19 – Urban Bushland. � State Environmental Planning Policy No. 64 – Advertising and Signage. � Kogarah Local Environmental Plan. � Companion Animals Act 1998. � Disability Discrimination Act 1992 (Commonwealth) and Kogarah City Council’s

Disability Discrimination Act 1992 – Action Plan. � Anti-Discrimination Act 1984. � Protection of the Environment Operations Act 1997. � Building Code of Australia. � Applicable Australian Standards.

2.5 VALUES Connells Point and Kyle Bay have a concentration of children aged 5 to 14 years, and adults aged 65 to 74 years compared to other Census Collectors’ Districts in Kogarah local government area (Australian Bureau of Statistics, 2007). The value or importance of a park to the community is important in formulating an appropriate management structure and management objectives for the park. The features of Donnelly Park that are most liked and important to residents and park users are in Table 2.3. Further detail on aspects of the park that local residents and users like is in Appendix D. Table 2.3 Important features and values of Donnelly Park

Significance Value Valued aspects Local District Regional

Open space / uncluttered

The park is a spacious, uncluttered, green, flat open space area for recreation.

��

Children’s play A play area for children, with swings and other equipment, is a valued place for locals to take their children and grandchildren to play.

��

Picnic and barbecue area

A great place for picnics and barbecues, with tables and chairs.

��

Maintenance Users and residents appreciate that the park is kept clean and tidy so it is a beautiful clean park. The grass and trees are particularly well maintained.

��

Boating facilities/activities

The jetty, boat ramps and pontoon are appreciated for sailing and boating activities, and the grassed area for rigging of sailing craft.

��

View and scenery The lovely view of the scenery of the Georges River and its surroundings are enjoyed.

��

Shade Shaded areas and trees are appreciated by users. �� Close to water The park is on the river waterfront, giving easy

access to water. ��

Peace and quiet The area is generally quiet and uncrowded, creating a peaceful environment.

��

Family park There is something in the park for families and for every age group.

��

Amenities Toilets and washroom facilities are praised. �� Community meeting area

The park is a central meeting point / interchange for the Kyle Bay and Connells Point community.

��



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These values reflect the importance of the park to users and the local community, but also that current uses serve a wider population catchment than just the immediate locality of Connells Point. The range of issues encompassed by the values indicates the importance of retaining the park, and ensuring that while current uses are retained and enhanced, appropriate opportunities are provided for broadening use by the community. 2.6 VISION This Plan of Management adopts its key directions from those identified in the Kogarah Management Plan. These directions include the vision for Kogarah, which is:

A viable and sustainable future in partnership with our community. Council’s mission is to:

� build on the diversity of our community � improve our natural environment � respond to changing community needs and expectations.

Among Council’s Strategic Directions and Outcomes to guide Council and the community towards achieving the vision and mission are to:

� maintain and improve community infrastructure for present and future generations. � manage our community’s resources with regard to access and choice.

Donnelly Park is a significant community, recreational and social focal point. The vision for Donnelly Park is:

‘Donnelly Park is a multi-purpose park catering for a range of land- and water-based recreational activities for all age groups and accessible to all in the community. Settings within the park range from built structures to natural bushland and foreshore. The park will continue being a generally green open space with low-key infrastructure to support recreational activities.”

2.7 MANAGEMENT GOALS AND PERFORMANCE TARGETS In managing Donnelly Park there is a range of responsibilities in providing good management to achieve the vision, values, objectives and performance targets of this Plan of Management. Council is responsible for achieving these goals.



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Table 2.4 Management goals and performance targets

Goal Performance targets Range of uses � Ensure that the park provides for a range of appropriate activities.

� Monitor and manage the mix of uses to minimise conflicts and operational difficulties.

� Maximise community enjoyment of the facility. Access � Provide adequate access for people with mobility difficulties. Safety and security

� Ensure public safety in the use of the park. � Ensure the safety and privacy of adjoining residents. � Maintain adequate security and insurance measures to ensure the safety of

park users. � Reduce exposure of park users to hazards. � Undertake and regularly update risk management processes. � Ensure Occupational Health and Safety guidelines are implemented.

Sustainability � Encourage use of renewable resources in the use of water, energy and building materials.

Maintenance � Ensure the park is well maintained and cleaned to acceptable standards at all times.

Communication � Improve communication and reporting between Council and lease and licence holders.

Financial viability

� Ensure sound, ongoing, accountable financial management of the park. � Seek government and private funding to assist in the operation, upgrading and

improvement of the park. 2.8 PERMISSIBLE USES The Local Government Act 1993 and Crown Lands Act 1989 require Councils to consider what activities may require granting of a lease, licence or other estate during the life of a Plan of Management. Development and uses of community land must also be in accordance with the Local Government Act, Environmental Planning and Assessment Act, and the Kogarah Local Environmental Plan. Permissible activities will be consistent with:

� the objectives of this Plan of Management. � the objectives for management of the park. � relevant legislation, particularly the Crown Lands Act 1989 and Local Government Act

1993. � the land categorisation of community land, or the public purpose of Crown land. � the zoning under the Kogarah Local Environmental Plan. � community values of the park. � the future roles of the park.

Primary uses of the park will be for land- and water-based recreational activities. Examples of permitted uses of the park are in Table 2.5.

The scale and intensity of activities at any one time is limited by the number of people that contribute to wear and tear on the grass, or the capacity of the picnic / barbecue and play area. Council is to determine the scale, intensity and frequency of use when issuing lease or licence agreements.



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Table 2.5 Examples of permissible uses in Donnelly Park Examples of purposes for which the land and any such buildings or improvements will be permitted to be used Present uses and activities Bocce Ceremonies Children’s play Commercial activities Community use Community events Concerts (music, theatre) Corporate promotions Cycling Dog exercise (leashed) Emergency aircraft landing Environmental education Fitness classes (personal, group) Functions Habitat creation Informal ball games Launching of watercraft Markets Mobile food and beverage vending Nature appreciation Non-motorised water activities Passive recreation Picnics and barbecues Photography / filming Running Sailing and boating Casual sporting activities – junior, low-key, large-ball sports, no fixed or permanent structures, during daylight only Tai chi Boat trailer parking Vehicle parking Walking Watercraft hire Yoga Prohibited uses of the park include:

� using the basketball courts after sunset. � frequent, organised formal sport. � consumption of alcohol. � fireworks. � noisy activities. � hard ball games. � unleashed dog exercise. � golf practice. � offensive trade. � illegal activities.



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2.9 PERMISSIBLE STRUCTURES Permissible structures, and their scale and intensity, will be governed by:

� the categorisation of community land. � the zoning of the land in the Kogarah Local Environmental Plan. � provisions of applicable Development Control Plans. � the development approval processes in the Environmental Planning and Assessment

Act 1979. � the character of existing and surrounding structures.

Table 2.6 Examples of permissible developments Examples of purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise

Scale and intensity of any such permitted use or development

Access for people with disabilities Amenities Barbecues Bicycle track Boat ramp Boat sheds Carparks Childrens’ play equipment Community facilities Decking Drainage Earthworks Environmental facilities Environmental protection works Exempt development Food and beverage outlet Hardstand for event structures Information, education facilities Jetty Kiosks Landscaping / gardening Park furniture Park maintenance staff amenities Park materials storage Pathways Picnic shelters Planting Pontoon Public utility undertakings Rainwater tanks Recreation areas Recreation facilities (indoors) Recreation facilities (outdoors) Roads Sculpture / public art Signage Temporary advertising Utility installations

Refer to the Landscape Masterplan. Monitor physical impacts on the park.



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3 LAND CLASSIFICATION AND CATEGORIES

3.1 LAND CLASSIFICATION The Local Government Act 1993 requires the classification of Council-owned land as ‘community’ or ‘operational’ land. Under the provisions of the Local Government Act 1993, Council has resolved to classify the land in its ownership as ‘community’ land. Essentially the purpose of this classification is to identify land that should be kept for use by the general public (the community), and that should not be sold. The classification of ‘operational’ land does not apply to Donnelly Park. A Plan of Management must be prepared for community land. The ways in which community land can be used and managed are governed strictly in accordance with an adopted Plan of Management, and any law permitting the use of the land for a specified purpose or otherwise regulating the use of the land. 3.2 LAND CATEGORISATION Donnelly Park is a multi-functional recreational venue serving a wide variety of recreational, community and informal sporting interests. Donnelly Park consists of:

� two buildings used for community uses such as sailing club and Sea Scout activities, community meetings, and leisure and educational activities.

� an open grassed area used for casual sports training and informal recreation. � informal recreation facilities including a children’s playground, picnic and barbecue

area, and half-court basketball. � facilities for water activities and a grassed area for rigging of sailing craft. � a small area of natural bushland and foreshore. � amenities building. � carpark off Kyle Parade.

The Local Government Act requires that all community land is categorised. The purpose of classifying the land ‘community land’ and then proceeding to categorise the land is to assign core objectives to provide clear direction for the management of various types of landscapes and uses in the park. The various landscapes of the park should be managed differently to sustain and complement the purpose, function, quality and different types of land resources to preserve its character and amenity. Because there are a number of land attributes that comprise the park, there is a need, for the purpose of introducing best land management, to delineate these into their appropriate categories. The categories assigned to the land are based on the land’s principal attributes, and its current and preferred future uses. The categories proposed to apply to community land in Donnelly Park are:

� Park. � Natural Area – Bushland. � Natural Area – Foreshore. � General Community Use.



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Figure 3.1 identifies the extent of the various categories of community land within the park. Figure 3.1 Categories of community land

Table 3.1 provides the reasoning for the selected community land category for the various portions of parkland in Council ownership. This table assists in addressing the requirements of the Local Government Act 1993. The Crown land within Donnelly Park is administered by the Crown Lands Act 1989, and therefore classification and categorisation does not apply to those portions of land. Because Crown land is administered by different legislation to that for community land, the management of Crown land is addressed separately in this plan. While giving due consideration to the specific legislation governing the various portions of land in the park, every effort has been made to integrate and consolidate the planning, management and development of the parkland by adopting a holistic approach.



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Table 3.1 Land category assessment

Category Assessment Park The category ‘Park’ applies to that area of parkland in Council’s ownership that is

marked ‘Park’ on Figure 3.1 and generally includes the picnic and barbecue area, children’s playground, grassed areas, basketball courts, and the car parking areas on the road verge off Kyle Parade, and the internal access road and parking area. Relative to the attributes of the land, its current use and infrastructure having principally been set aside for promotion and encouragement of passive recreational, casual sporting, and social and cultural activities no other category is considered valid.

Natural Area-Bushland

The category ‘Natural Area – Bushland’ applies to that area of parkland marked ‘Natural Area – Bushland’ on Figure 3.1 and generally includes the bushland on the eastern boundary of Donnelly Park between the amenities block and the southern boundary of the park.

Natural Area - Foreshore

The category ‘Natural Area – Foreshore’ applies to that area of parkland marked ‘Natural Area – Foreshore’ on Figure 3.1 and generally includes the land-water interface between the bushland and Connells Bay on the south-eastern side of the park.

General Community Use

The category ‘General Community Use’ applies to the area of parkland that is marked ‘General Community Use’ on Figure 3.1. It includes the footprint of the buildings occupied by the Connells Point Sailing Club and 1st Kyle Bay Sea Scouts. Relative to the attributes of the land and the structures on that land, their use or potential use as multi-purpose recreational or community venues and the ancillary services or opportunities they provide, together with the existing infrastructure, no other category is considered valid. Refer to the Donnelly Park Buildings Plan of Management (2007) regarding categorisation of the community buildings in the park as ‘General Community Use’.



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4 WHOLE OF PARK STRATEGIES 4.1 INTRODUCTION The following whole-of-park strategies apply across the entire parkland of Donnelly Park, and includes both community and Crown land. These strategies should not conflict with the core objectives of the respective community land categories, or the principles of the Crown Lands Act 1989 for Crown land.

4.2 LEASES AND LICENCES 4.2.1 Introduction There are restrictions on community land relative to the granting of licences or leases. For example, under the provisions of the Local Government Act 1993 Council may grant a lease or licence for a period of up to 21 years. In addition, the lease or licence must be consistent with the core objectives for each of the nominated land categories to which the lease or licence applies.



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It is Council’s preference to maintain the recreational value and service to the community provided by the parkland and its recreational facilities. To this end, Council has entered into lease or licence agreements with local community organisations and commercial operators who provide a variety of recreational opportunities to the community. 4.2.2 Current use agreements Agreements between Council and user groups for use of the park are:

� lease of the Connells Point Sailing Club building by the Connells Point Sailing Club for 10 years, expiring in 2017.

� lease of the Kyle Bay Sea Scouts building by the NSW Scouts Association for 10 years, expiring in 2017.

� sports Clinic / Fitness Training Permit to Step Into Life for conducting one-hour group fitness classes for groups of up to 10 people 6 days a week from September 2007 to September 2010.

� seasonal Sportsground Permit to Connells Point Soccer (Football) Club for junior teams only 5 afternoons a week from April to August on a yearly basis.

� temporary licenses, which are issued for use of the park by large groups, and if reserving sections of the park are required.

This Plan of Management expressly authorises current leases and other agreements until the end of their current terms, without exercise of an option. A review of usage patterns and conditions of the lease or licence agreement should be undertaken before expiry if an extension of the period is sought. 4.2.3 Leasing and licensing principles It is Council’s preference to ensure the provision of quality recreational opportunities as well as to provide a diversity of ancillary services that complement those opportunities. This can be achieved by Council offering short and long term leases and/or licenses for the use of or the management and operation of facilities and amenities on community land. The park can be used to provide a range of services and opportunities that complement:

� current park visitor services and opportunities. � any future approved structures permitted under the land category, Kogarah City

Council’s local plans and this Plan of Management. This Plan of Management permits Council to offer to third parties short or long term lease and licence agreements for any approved purpose such as the management and operation and/or the general use of any facilities and amenities that are located on community land. This also includes the use and management of any approved future facilities that complement and enhance the sporting, social, cultural and recreational use of community land in the park. Determination of the appropriateness of any proposed future facility will also depend on the criteria outlined in this Plan of Management, permissible uses relative to the relevant community land category, and through due process in assessing Development Applications where development is proposed.



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Table 4.1 cites the principles to be adopted for leasing and licensing within all of the appropriate community land categories. The principles apply to those facilities or amenities being considered for future lease or licence agreements. The principles do not apply where they may contravene any current lease or licence agreements, but in any case would come into effect at the termination of these agreements or when they are to be considered for renewal or a new agreement is entered into with a third party. It is Council’s intention to apply these principles should it be appointed Trustee of the unreserved Crown land in the park or have such land vested in Council. These principles should be implemented in conjunction with Council’s Leasing of Community Land and Buildings Policy. Table 4.1 Principles for leasing and licensing of community land and buildings

Item Principles Lease Agreements

Subject to the termination of any current lease agreement for use of any existing built structures located on community land either by default or voluntary surrender of the existing licence or lease by the licensee or lessee, any future permit, licence or lease agreement for the use of land or existing or new built structures are to adopt the following principles.

Occupied buildings on community land

Council is to enter into lease or licence agreements for any buildings constructed on community land occupied by a third party.

Lease Area As agreed between Council and the potential lessee, but excluding those portions of land in the ‘Natural Area’ category.

Permitted Uses Activities associated with passive or active recreational activities, social, cultural, educational, community and ancillary services as permitted under the Kogarah Local Environmental Plan, Local Government Act 1993, as determined by Council in respect of the objectives of the assigned land category, and this Plan of Management.

Intensity of Use Council permits a diversity of recreational, casual sporting, educational and cultural events to take place in the parkland. However, use of the parkland and its facilities is to be managed in a manner that will avoid detriment to the natural environment, and to public assets excessive to general wear and tear. Use of the parkland should also not result in unreasonable inconvenience to adjoining residents and other park users. Council is to consult with local residents when an application for any major event is proposed that has the potential to result in high traffic volumes and an excessive overflow of vehicles parking in the surrounding residential areas.

Hours of Use Hours of use of buildings or parkland and facilities will be subject to the outcome of negotiations between the Council, lessee or licensee, or as approved under any Development Application, or as restricted by this Plan of Management.

Private Access to the Parkland

This plan, under conditions of access, authorises the issuing of a temporary licence at a fee for private access to cross or transport materials or equipment for private construction, excavation, demolition, building or waste removal or other engineering or maintenance works to be carried out on adjoining private properties to the parkland. Access is restricted to those premises that have no other means of vehicle access off a public road into the property and where it is determined that the use of cranes, other lifting devices or alternative engineering means could not otherwise provide access. Access will not be permitted where it would result in any impact on or removal of any native vegetation within the park. Access may be permitted where Council determines that a hazard on private property poses a direct threat to public health, safety or private property. In accordance with the provisions of the respective legislation access will be permitted to construct, connect, maintain or any other works required to any essential public utility services located or to be created in the parkland or emergency services. Where access is approved to an adjoining private property owner, access will be conditional and subject to appropriate terms and conditions of the permit and the payment of all fees and charges as imposed by Council in accordance with its Management Plan.



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Table 4.1 Principles for leasing and licensing of community land and buildings (cont.)

Item Principles Development Any proposed development is to demonstrate how it achieves the Ecologically

Sustainable Development principles outlined in this Plan of Management. Council should strive to rationalise the number and extent of buildings and structures on community land by limiting future new separate building development or, where appropriate, seek multiple use of existing facilities and amenities by means, if necessary, by permitting alterations and additions to existing structures or replacing existing structures. Key view corridors should be maintained. Permit development in accordance with the Kogarah Local Environmental Plan.

Development conditions

Approved development will be subject to the terms and conditions of development consent and this Plan of Management.

Development Costs

Where appropriate, development costs for new development or embellishment, alterations and additions to an existing built structure which is the subject of a lease or licence is to be at the lessee’s expense or as agreed between participating parties.

Maintenance Lessees shall be responsible for the maintenance and good appearance of the parkland and building(s) within the boundary of their leased or licensed area.

Aesthetics Future built form should relate to the scale and character of the parkland as established by the existing buildings. The design of built structures must consider the proposed building mass, form, roof pitch and shape, materials, detailing and colour and their impact on the parkland, its users, existing park buildings, vistas to the park and the surrounding residential area. Lessees and licensees must notify and obtain consent in writing from Council prior to erecting, placing, fixing or attaching or otherwise any product advertising, promotional material, lights or otherwise to the buildings or surrounding grounds, fixtures and fittings.

Lease Term (i) Agreed negotiated period between Council and the lessee up to 21 years where the land is “community land” and categorised “General Community Use”.

(ii) Where the land is Crown land reserved for public recreation and Council has been appointed trustee, then although a lease may extend beyond 21 years this plan limits the leasing of Crown land reserved for recreation to a period not greater than 21 years in accordance with the provisions of the Crown Lands Act 1989. It is a Department of Lands policy for lease and licence agreements to offer shorter terms to allow for economic consideration and rental redetermination.

(iii) Other than leases entered into under Item (i), at the conclusion or at such time as the current lessee or Council terminate a lease for whatever reason, future leases are to be generally restricted to 5 years.

(iv) Leases exceeding 5 years are only to be offered where the total investment capital to be expended by the lessee for new capital works (excluding maintenance works) within the lease period exceeds $50,000 Sydney CPI adjusted annually from 2008.

(v) Leases extending beyond 5 years are to be conditional on the commencement of the new capital works within 12 months of the lease commencement, and the completion of the proposed works within an agreed timeframe between Council and the lessee. Any development is to be ancillary to the purpose of Donnelly Park as a venue for public recreation and permitted under the Kogarah Local Environmental Plan.

(vi) Licenses generally should not exceed 5 years. (vii) Seasonal licences or permits should be offered where applicable. (viii) Daily, weekly or monthly permits authorised to be offered at Council’s discretion. (ix) It is mandatory for all lessees and licensees of built structures and

organisational users of the parkland provide Council with accurate usage and participation data and any other data requested in writing by Council.



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Table 4.1 Principles for leasing and licensing of community land and buildings (cont.)

Item Principles Rent Commercial Activity

Where a licence or lease permits a commercial activity, preference is to be given to commercial rental rates or a percentage thereof based on an independent valuation. Community Activity All lease or licence agreements with community groups or associations are to comply with Council’s policy entitled “Leasing of Community Land and Buildings” adopted 27 August 2001, and are also to be based on an independent valuation. Periodic Rent Review Part 2(g) of Council’s policy entitled ‘Leasing of Community Land and Buildings’ makes provision for periodic rent reviews. This condition should be extended to lease agreements for facilities and amenities that operate on a commercial basis and are profit orientated. Minimal rent increases should be based on the annual Sydney Consumer Price Index. Subsidised Rents If any agreement results in Council subsidising the activity or service that amount will be compared with similar full commercial rates. The level of annual subsidy as well as the term of the agreement is to be reported to Council.

Reporting To ensure Council’s accountability in the management of a public asset, any new lease or licence agreement is to ensure that Council is provided with an annual report and other reports as required by this Plan of Management and the lease or licence agreement.

Insurance A lessee / licensee is required to have public risk liability insurance to the sum of not less than $10 million, or as specified by Council for the duration of their agreement. Lessees / licensees are to provide Council with a copy of their certificate of currency for public risk liability insurance each and every year of their agreement with Council. Alternatively, where the lessee / licensee’s public risk liability insurance is under the umbrella insurance of their governing association, the lessee / licensee is to provide Council with a letter from the governing association verifying that the lessee / licensee’s insurance is included in the governing association’s current public risk liability insurance plan.

Building safety

Building safety inspections should be carried out by lessees / licensees and reported to Council in an annual report.

Policies The general use of the park and its facilities is to comply with Kogarah City Council’s Open Space Policy and other policies relating to open space.

Council propose to enter into a licence agreement with the Connells Point Sailing Club to allow them to close and signpost the section of the proposed public pathway when the club are using the rigging area. 4.3 INTENSITY OF USE Donnelly Park is generally intended to be used for informal and passive recreation, informal sport, and social and cultural events. Purposes for which any further development of Donnelly Park will be permitted (under lease, licence or otherwise) are outlined in this Plan of Management, consistent with the public purpose of Crown land and categorisation of community land, any approved Development



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Application, and any provision of an applicable development control plan for exempt and complying development. Any use or development that would encroach on the park’s open space should be prevented. The scale and intensity of future uses and development is dependent on:

� the nature of the approved future uses. � The Landscape Masterplan for the park. � the carrying capacity of the parkland and its facilities. � Approved Development Applications.

4.4 GENERAL MANAGEMENT STRATEGIES General management strategies for Donnelly Park include the undertaking of research or specific studies to provide relevant information that would unreasonably enhance management decision-making and assist in implementing best practice park management. Table 4.2 lists those strategies applicable to the whole of the parkland. Table 4.2 Whole of parkland planning, management and development strategies

Strategy Objectives Performance measures Landscape architecture Council to prepare a detailed Landscape Master Plan that is to include a Schedule of Works and Maintenance Plan for the park. As part of the preparation of the Landscape Masterplan: � assess private views from

properties that adjoin the park and that could be affected by any proposed planting scheme as part of the public consultation process to prepare the Masterplan.

� establish reasonable sight lines1.

� carry out a visual impact assessment2.

• Synthesise the landscape development of the parkland.

• Incorporate sustainable design

principles. • Maximise the park’s potential as

a diverse recreational resource. • Ensure public input into the

design process. • Minimise impacts of planting on

views of surrounding residents.

65% community acceptance of the Landscape Master Plan. Landscape design in accordance with the requirements of this plan and ecologically sustainable design principles.

1 The protection of views across side boundaries has been established by the NSW Land and Environment Court to have lesser value than views directly in front. 2 The visual impact assessment criteria, as determined by the Land and Environment Court in Tenacity Consulting vs Warringah [2004] NSW LEC 140, is to be in terms of a qualitative assessment based on ‘minor’, ‘moderate’, ‘severe’ or ‘devastating’ loss of view, together with identified sight lines, directly in front and side boundary views.



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Table 4.2 Whole of parkland planning, management and development strategies (cont.)

Strategy Objectives Performance measures Landscape architecture (cont.)

� determine the extent of the impact of a proposed planting scheme. This should be undertaken from the whole of any property that adjoins the park where that owner considers that their views would be significantly jeopardised by the proposed planting scheme.

� Assess the reasonableness of the proposal that is causing the impact3.

Planning and development Permit development that is ancillary to the purpose, use and enjoyment of the parkland as determined by the land category, public purpose, and as permitted under the Kogarah Local Environmental Plan and Council’s open space policies.

• Maximise the use of public land for a public benefit in terms of providing appropriate recreational opportunities and experiences.

Compliance with the current Kogarah Local Environmental Plan and this Plan of Management.

Prepare a Water Management Plan for the landscaped and grassed areas and buildings within the park.

• Improve efficiency in water use for cultural and recreational activities within the park.

• Reduce water use and costs.

Reduction in the total number of litres of water used at each specific facility. Reduce reliance on reticulated (town) water and increase the use of alternative water resources.

Where feasible, Council to avoid excessive building development in the park.

• Retain and preserve public open space.

• Improve asset management. • Avoid duplication of existing

facilities and amenities. • Maximise use of existing assets.

Retain, or alternatively increase, the existing total area of available open space.

Apply the principles of leasing and licensing outlined in Table 4.1 to community land and buildings.

• Ensure consistency in the management of Council assets.

Principles of leasing and licensing are incorporated in legal agreements for the use of park assets.

3 When determining reasonableness of the proposal that is causing the impact, the principal questions to be addressed are:

(1) Does the proposed planting scheme comply with the intent of the Plan of Management and the objectives of the respective land category?

(2) Would a more skilful design provide an improved planting scheme that achieved the desired functional and amenity values as well as reduce impacts on the views of the neighbours?



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Strategy Objectives Performance measures Design guidelines Council to prepare Landscape Design Guidelines for park furniture, fixtures and fittings based on sustainable design principles.

• Provide a quality standard for park furniture, fixtures, fittings, form, colour, texture and construction materials that aesthetically complements the parkland’s environment and its surrounds.

• Improve and maintain the quality and amenity of the parkland and its resources.

65% community satisfaction with the Landscape Design Guidelines. Compliance with the criteria within the Council-approved Landscape Design Guidelines.

Ensure a consistent style of seating and other park furniture.

• Gradually replace park furniture with furniture in a style that is appropriate for a waterfront informal park.

Seating installed. Positive feedback from users.

Access and signage Council has prepared a Disability Discrimination Act 1992 – Action Plan that identifies and assesses issues for public access to facilities for able bodied people and for people with a disability. Implement the recommendations of the Action Plan relevant to the parkland.

• Ensure ease in environmental negotiability to, in and around facilities for aged people and people with a disability.

• Provide ease of interpretation of signage by using international symbols where appropriate.

• Adhere to the legislative requirements of the Disability Discrimination Act 1992.

Adhere to appropriate Australian Standards for public access and signage for people with or without a physical disability. Compliance with Disability Discrimination Act 1992 and Council’s Disability Discrimination Act 1992 – Action Plan.

Park directional signage to incorporate Council’s logo and that of The Great Kai’mia Way walking track that circumnavigates the entire Georges and Woronora River catchments.

• Provide ease of directional interpretation relative to The Great Kai’mia Way walking and bicycle route that passes through Donnelly Park.

Council’s and The Great Kai’mia Way logos on parkland and directional signage.

Initiate park visitor and resident surveys using and combination of staff, student and voluntary assistance.

• Monitor the use of the park and its impact on the surrounding residential area.

• Monitor changing recreational trends for various age, cultural and gender groups.

Completion of 5-yearly surveys. Response rate > 65%.

Implement the strategies relevant to the State Government’s Southern Sydney Catchment Blueprint.

• Contribute to and assist in achieving an ecologically healthy and productive catchment.

• Contribute to and assist in achieving the objectives of the Southern Sydney Catchment Blueprint.

Compliance with the Southern Sydney Catchment Blueprint. Record of the implementation of those actions outlined in the Blueprint that are applicable to the site and are Council’s responsibility.

Control activities that have the potential to cause adverse impacts on the bank, waters, shore, river bed and foreshore of Connells Bay.

• Protect the foreshore of Connells Bay.

Liaison and consultation with the Department of Lands.



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Strategy Objectives Performance measures Council to prepare Architectural Design Guidelines for built structures within the park based on sustainable design principles.

• Adopt sustainable architectural design principles for buildings based on:

- flexible designs to enhance multiple use and building longevity.

- utilising strategies that protect and restore water resources.

- improving energy efficiency while ensuring thermal comfort.

- reducing environmental impacts related to energy use.

- promoting occupational health and safety in the indoor and outdoor environments.

- conserving water and consider water re-use systems.

- using environmentally preferable building materials such as uncertified rainforest woods, reclaimed woods, and other renewable resources.

- using appropriate plant materials.

- planning for recycling during construction, demolition and occupancy.

• Ensure building fixtures and firings aesthetically complement the parkland environment and its surrounds.

• Ensure quality in building fixtures and fittings relative to their design, form, colour, texture, construction materials.

• Improve and maintain the amenity of the parkland and its resources.

Compliance with the criteria within the Council approved Architectural Design Guidelines and Landscape Design Guidelines. 65% visitor and resident satisfaction with any building proposal.

Prepare a Marketing Plan With the assistance of the community and organisations such as schools prepare a range of promotional and educational material.

• Promote the regional and district significance of the park as a destination for quality recreation.

• Promote the educational value of the park by providing marketing material for the study area.

Completion and community distribution of a range of educational and promotional material. Preparation of a marketing plan.



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Strategy Objectives Performance measures Park assets Council to prepare and maintain a five-year Asset Management and Maintenance Plan for the park. Council to frequently monitor the condition and use of its assets and infrastructure.

• Ensure accountability in the management of Council assets.

• Ensure appropriate service levels relative to reasonable user demands and the historical significance of built structures and natural assets.

• Adhere to health and safety regulations to ensure the protection of park visitors.

• Retain the visual amenity of the parkland and its resources.

Compliance with health and safety regulations. Preparation of Asset Management / Maintenance Plan for the park. Greater than 65% visitor satisfaction with appearance and, where relevant, the function and reliability of assets within the park.

Improve direction and transition by providing appropriate standardised signage throughout the park. Where appropriate, incorporate the use of international symbols that meet Australian standards for signage. Use signage to provide and improve directions, information, environmental and heritage interpretation, advise on regulations, and other matters.

• Improve overall park visitor information.

• Provide educational information on cultural and heritage resources as well as environmental issues including the natural environment, flora, fauna and ecological and hydrological systems operating within the park.

• Assist in enforcing regulations and provide emergency contact information.

• Direct visitors to park services and amenities.

• Place signs in appropriate and highly visible and accessible locations.

• Consolidate and reduce the number of regulatory signs throughout the park.

Ease of interpretation of signage for a variety of ethnic groups. Installation of signage to assist visitors to find services and facilities, become aware of regulations and their responsibilities, understand the cultural and heritage value of the park and its resources. Adhere to the adopted Design Guidelines for the parkland.

Environmental management Council to prepare an Environmental Audit, Hazard and Risk Assessment Plan for the Park and its facilities.

• Ensure best practice environmental management of the parkland and its surrounds.

Compliance with appropriate environmental legislation, regulatory and policy requirements.

Council to undertake an Energy Audit of buildings, outdoor lighting systems, and other energy uses within the parkland.

• Minimise the use of fossil fuels. • Increase the use of sustainable

energy resources. • Achieve savings in energy

consumption costs. • Establish a fair and equitable

user pays pricing system. • Identify Council’s level of

subsidisation of energy used by third parties within the parkland.

Compliance with appropriate environmental legislation, regulatory and policy requirements. Increase in use of alternative and renewable energy. Reduction in energy costs and greenhouse gas emissions.



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Strategy Objectives Performance measures Where appropriate, Council to prepare a detailed structural design engineers Dilapidation and Risk Assessment Report on the condition of the buildings, their structural integrity, fixtures and fittings before issuing any lease agreement. As part of the above report, prepare a five-year maintenance plan for buildings and structures in the park.

• Implement life cycle property asset management and maintenance practices.

• Provide cost-benefit analysis (depreciation rates, remaining life span, major repair and replacement costs, social costs and benefits, etc.) of assets and services for decision-making purposes.

• Comply with occupational health and safety regulations.

•

Implementation of the recommendations of the Dilapidation Report. Compliance with the requirements of AAS27, Workcover, Occupational Health and Safety regulations, Building Codes of Australia, and access requirements in accordance with AS1428.1.

Before undertaking any major excavation within the park, carry out a Geotechnical Investigation of the proposed development site to assess impacts of proposed developments on the water table and the possible presence of acid sulfate soils.

• Assess the health and safety risk of the site with regard to its proposed use.

• Assess if acid sulfate soils are present at the proposed site.

• Assess the stability of the site as well as the chemical composition of the landfill and groundwater, and the presence of any toxic gases or materials.

Compliance with appropriate environmental legislation, regulatory and policy requirements.

Council to monitor and apply for capital assistance grants through the provision of State and Federal government grants or other opportunities.

• Provide capital assistance to undertake works to improve the amenity and environmental quality of the parkland.

• Provide additional sport and recreation and recreational resources in the study area for the community’s benefit.

• Protect, conserve, and manage the park’s natural resources, bushland and heritage areas.

• Protect the foreshore area from erosion.

Acquisition of capital assistance for a range of projects outlined in the plan of management and recommended in appropriate studies outlined in the plan.

Initiate Green Web strategies by creating native vegetation and fauna habitat along the foreshore and hinterland in and around Donnelly Park. Provide Green Web links to nearby parkland and via streetscapes.

• Facilitate the migration of wildlife.

• Create habitat for native fauna. • Increase food sources for fauna. • Provide green link corridors.

Implementation of Green Web strategies. Record, measure and monitor outcomes by: * Species list * Number of tree plantings * Total area of land that has been revegetated.



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Strategy Objectives Performance measures Ordinance Officers and Rangers to monitor the use and activities in the park and to liaise and co-ordinate with local police on matters of vandalism, and other anti-social behaviour detrimental to the public’s enjoyment of the park, public and/or nearby private property.

• Ensure public safety and order. • Assist in protecting public and

private property assets. • Ensure safety of park users. • Ensure compliance with park

regulations. • Minimise damage to park

structures.

Reduction in the number and type of reported incidents in the park per annum. Instigate park patrols. No reports of security breaches.

Park Events Management Policy Develop a policy for the use of public open space, such as large group picnics, events (theatrical, cultural, music), wedding ceremonies and photographs, and filming. The policy should address issues such as occupational health and safety, public health and safety, emergency procedures, financial objectives.

• Improve public safety and reduce potential hazardous risk.

• Avoid litigation. • Ensure the realisation of a duty

of care and responsibility in the proper management of events and gatherings.

• Ensure a reasonable return from open space areas for park maintenance and upkeep.

Avoid conflicts between park users.

Implementation and compliance with the policy. Council support in enforcing the policy.

Prepare a Safety Hazard and Risk Management Plan for the park’s facilities, structures, amenities and services based on Australian Standard AS/NZS 4360:1999.

• Manage or eliminate potential hazards and risk within the parkland.

Elimination of identified hazards. Introduction of risk management regime. Compliance with occupational health and safety standards.

Improve the cover and wear tolerance of grass, especially along the foreshore.

• Provide a safe surface for recreational activities.

• Retain the visual amenity of the park.

Consistent grass cover over 80% of the park.

Trees are regularly inspected and maintained to ensure public safety.

• Manage the public risk liability of trees.

Regular inspections of trees. No injuries to or insurance claims by park users.

Ensure dog owners comply with the Companion Animals Act 1998 in terms of the behaviour of their dog, and removal of waste.

• Minimise conflicts between dogs and other park users.

• Provide infrastructure such as dog waste bag dispensers and bins.

Number of fines issued. No dog-related incidents reported to Council.

Discourage encroachments on the park area, including exotic plantings and a swimming pool.

• Establish the extent of current encroachments through a boundary survey by a registered surveyor.

• Remove encroachments from the park.

Survey of the park boundaries completed. No encroachments on the park.



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5 LAND CATEGORY – PARK 5.1 LAND WITHIN THIS CATEGORY That portion of parkland categorised as ‘Park’ includes the following assets and settings:

� Children’s playground. � Picnic and barbecue area. � Basketball half-courts. � Grassed areas. � Toilet block. � Carpark. � Constructed sea wall along the Connells Bay foreshore.

5.2 CORE OBJECTIVES Land should be categorised as ‘Park’ under Section 36 of the Local Government Act 1993 if the land is, or is proposed to be, improved by landscaping, gardens or the provision of non-sporting equipment and facilities, for use mainly for passive or active recreational, social, educational and cultural pursuits that do not unduly intrude on the peaceful enjoyment of the land by others.



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The core objectives for management of community land categorised as ‘Park’ are to:

(a) encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and

(b) provide for passive recreational activities or pastimes and for the casual playing of games, and

(c) improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.

5.3 STRATEGIES The strategies or actions outlined in Table 5.1 are for that land categorised as Park and are intended to provide a system of management by objectives. The following objectives supplement the core objectives in directing the management, planning and development of the parkland. These are formulated so that it is possible to apply assessment criteria to measure the implementation of the plan. It is this element of measurability that makes the objectives valuable in determining accountability. Table 5.1 Strategies for the land category Park

Strategies Objectives Performance measures Continue to permit community events, social gatherings, functions and similar activities in that area of parkland identified as ‘Park’ as determined by Council.

Provide a venue for community functions and events.

An undercover shelter for functions. Park user and resident acceptance rating greater than 60%.

Permit small picnic and other family or social group gatherings within the Park category.

Permit the use of open space in the Park category by approved community organisations, groups, private individuals or local societies. Ensure the responsible use and management of public open space. Reduce conflict between user groups and individuals.

Open space consistently used in a responsible manner for a community benefit. Compliance with health and safety regulations. Compliance with the terms and conditions of the licence agreement.

Replace the existing playground and softfall, and construct a children’s bicycle track around the playground.

Extend opportunities for children’s play to all age groups. Ensure the safety of children using the playground. Reduce exposure of users to ultraviolet light. Construct a children’s bicycle track.

Install playground equipment suitable for younger children. Compliance with Australian standards. Shade cover with a UV rating within Cancer Council guidelines. Safe area for children to ride bikes.



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Table 5.1 Strategies for the land category Park (cont.)

Strategies Objectives Performance measures Improve the main picnic and barbecue area by additional planting, replacing barbecues, and constructing an undercover shelter. Permit the use of portable and heat bead barbecues in the main barbecue area. Make provision for the cooling and disposal of used heat beads and for the cleaning of private barbecue appliances and units. Police the illegal dumping of burnt barbecue waste in the parkland. Install regulatory signs to govern the use of public and private barbecue facilities in the park.

Improve the ambience, capacity and functionality of the picnic and barbecue area. Reduce conflict between park user groups. Reduce the impacts of noise, odour and smoke on nearby residences. Ensure public safety by disposal of burnt barbecue waste material. Regulate the use of portable barbecues in the park.

Increased use of the picnic and barbecue area. Picnic tables are shaded. Installation of regulatory and information signs. Appropriate and safe disposal of burnt waste material. No public risk liability claims.

Install accessible picnic tables near the foreshore between the jetty and the toilets.

Spread use of picnic facilities from the main picnic and barbecue area to the foreshore. Reduce crowding and conflict between user groups.

Picnic tables installed. Level of user satisfaction greater than 65%.

Remove and relocate the light between the basketball courts and the sailing club building to adjacent to the sailing club building. The light should be fitted with fixed glare shields to prevent lighting of the basketball courts.

Actively discourage use of the basketball courts after sunset.

No use of the basketball courts after sunset. Retain security for the sailing club building. No resident complaints regarding noise from users of the basketball courts.

Increase security of the toilet block.

Reduce entry and damage to the toilet block.

No damage to the toilet block.

Improve the general service maintenance of the toilet facilities.

Improve access and serviceability for persons with a disability. Improve park visitor service.

70% users satisfaction with condition and maintenance of toilet facilities. Compliance with the provisions of the Disability Discrimination Act 1992.

Construct walking paths between the carpark, toilet block, jetty, community buildings, and the Kyle Parade footpath.

Access for people with mobility difficulties between the community buildings, toilet block, jetty, carpark, and the Kyle Parade footpath.

Use by people with disabilities and carers of young children. Paths meet requirements of Disability Discrimination Act.



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Strategies Objectives Performance measures Formalise and embellish the vehicle entry off Kyle Parade into the park. This area to be a shared zone where pedestrians and cyclists have priority, while ensuring separated ingress and egress for boat trailer access. Formalise vehicle parking off Kyle Parade by resurfacing with permeable pavement and additional lighting to the carpark.

Ensure public safety. Improve access for vehicular, pedestrian and cycling traffic. Improve traffic flow. Improve visual amenity by providing a formal gateway into the park. Provide a statement to define the point of entry. Retain the gate entry off the carpark area to the western and eastern portions of the park. Discourage anti-social activities at night.

Public safety rated >75%. Traffic control devices installed and traffic slowed down. Increase in car parking facilities for users of the park. Access improved for vehicular traffic, pedestrians and bicycles. No traffic congestion. Visual amenity improved >70%. Public satisfaction rating for improved amenity greater than 65%.

Provide facilities for walking and informal exercise by constructing a shared circuit path around the park and installing exercise equipment at small stations along the circuit path. As part of the planning phase for the pathway, consult with those residents whose properties adjoin the park to establish a reasonable buffer zone between the rear of their properties and the walking / exercise path to provide a reasonable level of privacy that could be expected when private property adjoins a public park. Install regulatory signs along the track for bicycles to give way to pedestrians at all times, and for pedestrians to be aware of cyclists.

Improve the range of recreation opportunities in the park. Improve and manage pedestrian and bicycle access to and within the park. Facilitate walking and informal exercise. Minimise residents concerns about loss of privacy. Increase public awareness and advise users of their obligations and responsibilities.

Number of pedestrian and bicycle users on the path. Number of users of the exercise stations. No conflict between pedestrians and cyclists.

Install energy efficient park lighting.

Reduce greenhouse gas emissions. Reduce energy costs. Reduce maintenance costs.

Installation of energy efficient lighting. Reduction in greenhouse gas emissions. Reduction in energy and maintenance costs. Improved lighting and amenity.



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Strategies Objectives Performance measures Implement water harvesting measures to reduce the reliance on potable water.

Install water tanks to store water for washing boats, and irrigating part of the park.

Reduction in use of potable water.

Cater for casual junior sport for the enjoyment of local residents.

Minimise conflicts of casual sporting use with sailing activities and local residents. Casual sporting activities to use existing space, with no additional markings or infrastructure (lights, goalposts, storage etc.)

No complaints to Council about use of the park for casual sport. Quality of the playing surface.

Ensure clear access to the open grassed area for emergency aircraft landings in the event of an accident on the water.

Emergency aircraft are able to land on the flat grassed area without obstructions.

Unobstructed aircraft landing.



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6 LAND CATEGORY – NATURAL AREA BUSHLAND 6.1 LAND WITHIN THIS CATEGORY That portion of parkland categorised as ‘Natural Area – Bushland’ is a small, fragmented, degraded area of remnant bushland at the south-eastern end of Donnelly Park.

The bushland in Donnelly Park is representative of Sydney Sandstone Ridge-top vegetation community. The canopy is dominated by Eucalyptus pilularis and Angophora costata with Casuarina glauca dominating near the water’s edge. The mid-storey is dominated by Acacia implexa, Rapania variabilis, Pittosporum revolutum and Clerodendrum tomentosum. This wide range of species is unique within the reserve and demonstrates the diversity and resilience present. 6.2 CORE OBJECTIVES Land should be categorised as ‘Natural Area’ if the land, whether or not in an undisturbed state, possesses a significant geological feature, geomorphological feature, landform, representative system or other natural feature or attribute that would be sufficient to further categorise the land as bushland, wetland, escarpment, watercourse or foreshore under Section 36(5) of the Act. Land that is categorised as a natural area should be further categorised as ‘Bushland’ if the land contains primarily native vegetation and that vegetation:

� is the natural vegetation or a remainder of the natural vegetation of the land, or � although not the natural vegetation of the land, is still representative of the structure or

floristics, or structure and floristics, of the natural vegetation in the locality.

The core objectives for land categorised as ‘Natural Area’ are to:

� conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area.



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� maintain the land, or that feature or habitat, in its natural state and setting. � provide for the restoration and regeneration of the land. � provide for community use of and access to the land in such a manner as will

minimise and mitigate any disturbance caused by human intrusion. � assist in and facilitate the implementation of any provisions restricting the use and

management of the land that are set out in a recovery plan or threat abatement plan prepared under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.

Core objectives for the management of land further categorised as ‘Bushland’ are to:

� ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land.

� protect the aesthetic, heritage, recreational, educational and scientific values of the land.

� promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion.

� restore degraded bushland. � protect existing landforms such drainage lines, watercourses and foreshores. � retain bushland in parcels of a size and configuration that will enable the existing plant

and animal communities to survive in the long term. � protect bushland as a natural stabiliser of the soil surface.

6.3 STRATEGIES The strategies or actions outlined in Table 6.1 are for that land categorised as ‘Natural Area – Bushland’ and are intended to provide a system of management by objectives. The following objectives supplement the core objectives in directing the management, planning and development of the parkland. These are formulated so that it is possible to apply assessment criteria to measure the implementation of the plan. It is this element of measurability that makes the objectives valuable in determining accountability. Table 6.1 Strategies for Land Category Natural Area - Bushland

Strategies Objectives Performance measures

Undertake a vegetation survey of the study area.

Assess the overall composition and condition of the bushland and identify threats.

Conserve natural vegetation.

Monitor and improve biodiversity. Provide background information for bushland management. Develop management strategies to identify and manage threats to bushland.

Completion of a vegetation survey and assessment report.



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Table 6.1 Strategies for Land Category Natural Area - Bushland (cont.)

Strategies Objectives Performance measures

Reduce fragmentation of green space by retaining Green Web corridors where appropriate and feasible.

Retain wildlife corridors.

Improve genetic biodiversity. Reduce fragmentation of bushland. Ensure the long-term viability of the bushland area.

No reduction in the area of bushland. Increase in green / habitat corridors within the park.

Design pedestrian access through the bushland by amalgamating paths not required, and by closing unused walking paths.

Reduce the effects of multiple pedestrian access through the bushland, such as degradation of vegetation, habitat, water quality and soil. Discourage use of secondary walkways through the bushland.

Pedestrian access directed to desired paths. Use of walkways through the bushland.

Continue bush regeneration and improve stormwater drainage management. Plant locally sourced indigenous stock in the top section of natural vegetation.

Improve biodiversity. Ensure the long-term viability of the bushland area. Ensure the dominance of native species. Manage and suppress exotic flora species.

Weeds cleared.

Bushland rehabilitated.

Reduction in extent of exotic flora species.

Increased cover of naturally regenerated locally indigenous species. All plantings are of locally indigenous species.

Manage fire risk by: • assessing present fire risk

and reducing hazards. • ongoing bush regeneration. • planting of fire resistant

locally indigenous species at property boundaries.

• undertaking hazard prevention and ecological burns when and where appropriate.

Improve biodiversity.

Ensure the long-term viability of the bushland area.

Reduce fire hazards and manage risk liability.

Reduction in fire risks.

Minimal damage from fire.

Minimise external impacts on the bushland by: • promoting community

education to reduce dumping of garden clippings, and the benefit of trees in urban areas.

• policing and monitoring the bushland area for illegal activities associated with cutting down of or damaging trees to improve views from private property.

• managing stormwater run-off from roads and residential properties.

Ensure the long-term viability of the bushland area. Protect bushland from external influences. Raise community awareness of environmental issues and impacts relating to urban bushland reserves.

Community education leading to a reduction in:

• dumped grass and garden clippings.

• the number of trees cut down or damaged to improve views.

• stormwater runoff.



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7 LAND CATEGORY – NATURAL AREA FORESHORE 7.1 LAND WITHIN THIS CATEGORY That portion of parkland categorised as ‘Natural Area – Foreshore’ comprises the natural sandy foreshore between Connells Bay and the bushland.

7.2 CORE OBJECTIVES Land should be categorised as ‘Natural Area’ if the land, whether or not in an undisturbed state, possesses a significant geological feature, geomorphological feature, landform, representative system or other natural feature or attribute that would be sufficient to further categorise the land as bushland, wetland, escarpment, watercourse or foreshore under Section 36(5) of the Act. Land that is categorised as a natural area should be further categorised as ‘Foreshore’ if the land is situated on the water’s edge and forms a transition zone between the aquatic and terrestrial environment.



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The core objectives for land categorised as ‘Natural Area’ are to:

� conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area.

� maintain the land, or that feature or habitat, in its natural state and setting. � provide for the restoration and regeneration of the land. � provide for community use of and access to the land in such a manner as will

minimise and mitigate any disturbance caused by human intrusion. � assist in and facilitate the implementation of any provisions restricting the use and

management of the land that are set out in a recovery plan or threat abatement plan prepared under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.

The core objectives for management of land further categorised as ‘Natural Area-Foreshore’ are to:

� maintain the foreshore as a transition area between the aquatic and the terrestrial environment, and to protect and enhance all functions associated with the foreshore’s role as a transition area.

� facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use.

7.3 STRATEGIES The strategies or actions outlined in Table 7.1 are for that land categorised as ‘Natural Area – Foreshore’ and are intended to provide a system of management by objectives. The following objectives supplement the core objectives in directing the management, planning and development of the parkland. These are formulated so that it is possible to apply assessment criteria to measure the implementation of the plan. It is this element of measurability that makes the objectives valuable in determining accountability. Table 7.1 Strategies for Land Category Natural Area – Foreshore

Strategies Objectives Performance measures Regularly clean sand on the foreshore.

Ensure the sand on the foreshore is kept clear of debris and litter.

No complaints from park users. No injuries to park users.

Monitor erosion of the foreshore.

Minimise erosion of the foreshore.

Observations and measurements.

Limit access to the foreshore area to encourage coastal saltmarsh vegetation.

Improve natural foreshore vegetation and overall biodiversity.

Increase in the percentage cover of native foreshore vegetation.



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8 LAND CATEGORY – GENERAL COMMUNITY USE 8.1 LAND WITHIN THIS CATEGORY That portion of parkland categorised as ‘General Community Use’ includes:

� the building leased to and occupied by the Connells Point Sailing Club. � the building leased to Scouts Australia and occupied by 1st Kyle Bay Sea Scouts and

other community groups.

8.2 CORE OBJECTIVES Land should be categorised as General Community Use under Section 36 (4) of the Act if the land:

(a) may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and

(b) is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under clauses 10-13 for categorisation as a natural area, a sportsground, a park or an area of cultural significance.

The core objectives for management of community land categorised as general community use are to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a) in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and



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(b) in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

8.3 STRATEGIES The strategies and actions for managing the community buildings in Donnelly Park are outlined in the Donnelly Park Buildings Plan of Management (2007).



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9 PLANNING AND MANAGEMENT OF CROWN LAND 9.1 LAND COVERED BY THIS SECTION There are two parcels of Crown land in Donnelly Park, reflecting the reclamation of land from Connells Bay in the 1960s. Lot 7048 DP 1027191 is Crown Reserve 87279, which was notified on 25 July 1969 for the purpose of Public Recreation. Kogarah Council was appointed trustee of the Donnelly Park (R87279) Reserve Trust on 24 October 1969, and a trust was established on 12 May 1995. A second parcel of Crown land reserved for Future Public Requirements is located between the Crown reserve and Council-owned properties. Donnelly Park adjoins a Crown waterway below Mean High Water Mark. The waterway is subject to management by the Department of Lands. However, Kogarah City Council manages the wharf and pontoon. The Sutherland Regional Crown Reserve (R1012708) has been designated over the waters of the Georges River west of Captain Cook Bridge at Taren Point. The Reserve is for the public purposes of access and public requirements, tourism purposes, and environmental and heritage conservation. 9.2 MANAGEMENT GUIDELINES FOR CROWN LAND 9.2.1 Introduction As Donnelly Park incorporates two Crown reserves, the Crown Lands Act 1989 applies to their management. The Crown Lands Act 1989 governs the planning, management and use of Crown land, including reservation or dedication for a range of public purposes, and leasing and licensing. The Department of Lands, together with Reserve Trusts appointed by the Minister, are responsible for management of the Crown reserve system throughout New South Wales to ensure that Crown land is managed for the benefit of the people of New South Wales, and having regard for the principles of Crown land management. A Reserve Trust is a corporation established and appointed to manage a Crown reserve. Trusts are nominated by the Minister for Lands (Section 92 of the Crown Lands Act 1989). Under Section 92 of the Act, the Minister appointed the Donnelly Park (R87279) Reserve Trust as trustee of that Crown reserve. That Reserve Trust is responsible for the care, control and management of the reserve. Kogarah City Council manages the affairs of the Reserve Trust under Sections 92-95 of the Crown Lands Act 1989. A Trust Board has functions conferred on it under the Crown Lands Act 1989. The Trust has care, control and management of the reserve in its everyday operation. The Minister cannot direct the Trust as to how it manages the reserve, unless the Trust exceeds its powers. The Minister can suggest or make representations to the Trust regarding management.



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9.2.2 Use and management of Crown land The use and management of Crown land is determined or influenced by:

� the objects of the Crown Lands Act (Section 10), particularly that Crown lands are managed for the benefit of the people of NSW.

� the principles of Crown land management (Section 11 of the Act). � the public purpose(s) of the land (Sections 80 and 87). Crown land is reserved or

dedicated for a public purpose(s), which means the reserve must provide a public benefit. Uses, activities, developments and agreements in a Crown reserve are defined by the public purpose(s) of the reserve. All uses of Crown reserves must be acceptable according to their public purpose(s). An additional purpose may be proposed in a draft Plan of Management under Section 112 of the Act.

� Department of Lands’ policies, such as the Food and Beverage Outlets on Crown Reserves Policy Position 2004.

� native title legislation. � rental from leases or licences. 15% of the rental received from new leases and/or

licences of Crown land (rental over $2,000) is placed in the Public Reserve Management Fund. This fund is a State government initiative that raises funds to assist Reserve Trusts in NSW.

� case law judgements, which influence the policy and practice of the Department of Lands and Trust managers.

� any conditions and provisions within the zoning in the Council’s Local Environmental Plan. However, the applicable Public Purpose of Public Recreation defined by State government legislation overrides the local zoning.

� an adopted Plan of Management, a contractual agreement (lease or licence), or a combination of both to more specifically define the permitted uses.

The Reserve Trust must consider certain issues when deciding whether a particular land use or development on Crown land is appropriate, including the:

� compatibility of the proposal with the notified purpose of the reserve. � impact on the existing use of the reserve. � compatibility with the vision and management objectives established for the reserve. � need for the proposal and whether it will promote and be ancillary to the use and

enjoyment of the reserve, as distinct from satisfying a requirement generated by an adjoining property or by an independent or collateral community need.

� advantage and benefit that the development would bring to the normal reserve user. � management responsibility and public availability of the development to reserve users. � need for a lease and its draft terms, conditions and rental that would apply.

Any proposed use or development of Donnelly Park must be in the first instance ancillary to and supportive of the public purpose. Proposed uses or developments must also accord with the principles of Crown land management, case law (for the public purpose of Public Recreation), policies, and requirements for leasing and licensing outlined below. The Reserve Trust will have the ongoing responsibility to provide care, control and management of Crown Land in this reserve in accordance with the Crown Lands Act 1989. It is important that all parcels of Crown Reserve are managed according to the Crown Lands Act 1989, as well as within the broader context of all land under Council’s control.



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9.2.3 Principles of Crown land management The objectives of the Department of Lands regarding land management directly relate to the principles of Crown land management listed in Section 11 of the Crown Lands Act 1989. These principles, and how this Plan is consistent with those principles, are outlined below. Table 9.1 Principles of Crown land management

Principle of Crown land management How this Plan is consistent with the principles

Observe environmental protection principles in relation to the management and administration of Crown land.

This plan is supportive of protecting significant remnant bushland, natural foreshores, plantings and wildlife corridors in the park.

Conserve the natural resources of Crown land (including water, soil, flora, fauna, and scenic quality) wherever possible.

As above

Encourage public use and enjoyment of appropriate Crown land.

Recommendations in the Plan encourage public use and enjoyment of the park for a wide range of recreational, social and cultural activities, while recognising there may be conflicts between activities.

Encourage multiple use of Crown land, where appropriate.

Recommendations in the Plan would continue multiple uses of the park.

Use and manage Crown land in such a way that both the land and its resources are sustained in perpetuity, where appropriate

The Plan contains proposed actions which would help sustain the land and resources, such as managing the type and extent of activities and developments within the park.

Occupy, use, sell, lease, license, or otherwise deal with Crown land in the best interests of the State, consistent with the above principles.

This Plan contains prescriptions that would ensure that land owners, managers, lessees and licensees deal with the reserve in the best interests of the State.

9.2.4 Public purpose Any proposed use, developments and management practices on Crown land must conform to the public purpose for the reserve or dedicated land. Some of Donnelly Park is Crown land that is reserved for the public purpose of Public Recreation, and another parcel of Crown land is reserved for Future Public Purposes. The uses, activities, developments and agreements for its use are determined by what is “acceptable” under the public purpose. The public purpose overrides the permissible uses under the zoning and other provisions in the Kogarah Local Environmental Plan. The permitted land uses are then more specifically identified by either a statutory mechanism (Plan of Management), contractual agreement (lease or licence), or a combination of both. Planning controls in the Kogarah Local Environmental Plan provide a mechanism to consider the appropriateness of the development. The Department of Lands has stated that the definition of a public purpose is to be determined in a Plan of Management. Public recreation in Donnelly Park is thus defined as ‘informal, passive and active recreational, social and cultural activities’.



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9.2.5 Case law Case law judgements influence the policy and practice of the Department of Lands, and Kogarah City Council as the manager of the Reserve Trust, to assist in defining acceptable uses and activities on Crown reserves. Principles established by case law are:

� use of the reserve must be consistent with the public purpose for which the land is dedicated or reserved. This includes uses ancillary to or supportive of the reserve purpose.

� improvements and developments to land which is reserved or dedicated are confined to those which support, or are ancillary to, the public purpose of the reservation. Such improvements and developments would include a kiosk on a reserve for Public Recreation.

� a reserve cannot be used for a purpose relating to an activity that is occurring off the reserve and that is not consistent with the reserve purpose. For example, car parking on a Crown reserve for Public Recreation that serves an adjoining land use would not be acceptable.

� land reserved or dedicated for public recreation must be open to the public generally as a right. Exclusive use of the reserve should be minimised to avoid sections of the community becoming alienated from using the reserve. The public may only be restricted from access to parts of the reserve and buildings if it is necessary for the public’s enjoyment of the reserve or for health and safety reasons to be excluded, for example from a workshop, equipment storage or operational facilities.

� access as of right does not mean entirely free access. Reasonable entry fees and charges may be imposed, as well as other legal constraints to entry such as those relating to health and safety for example.

� a lease or licence must be consistent with the reason or purpose of the land’s reservation or dedication.

9.2.6 Policies Uses of Crown land must also be consistent with any relevant policies relating to Crown lands, such as the Food and Beverage Policy that is applicable to restaurants, kiosks and the like. 9.2.7 Leases and licences All tenures over part or all of a Crown reserve are made between the Reserve Trust and the lessee / licensee, and are subject to the provisions of the Crown Lands Act 1989. Lease agreements are modelled on the standard Crown lease conditions applying to the leasing of Crown land under Section 34 of the Crown Lands Act 1989. A lease or licence over a Crown public reserve must be consistent with the purpose of the land’s reservation or dedication. As such, any lease or licence granted over Crown land in Donnelly Park must be consistent with the definition of Public Recreation, and guidelines for use of Crown reserves. Otherwise, the Minister cannot approve any leases or licences granted by the reserve trust. Recent amendments to the Crown Lands Act 1989 allows reserve trusts some flexibility in approving leases and licences for uses not acceptable under the declared public purpose.



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Under any lease, the construction of facilities on Crown land will be permitted, provided the lessee obtains the consent of both the Minister and the Reserve Trust for any development applications or proposals for activity to enable construction of the premises. Development by Council requires the development application to be served on the owner pursuant to Clause 49(2) of the Environmental Planning and Assessment Regulation 2000. A temporary licence can be granted only for the purposes prescribed under the Crown Lands Regulation 2006, which includes activities such as grazing, advertising, camping, catering, hiring of equipment, entertainment, equestrian events, exhibition functions, markets, meetings, sales, shows, sporting activities and stabling of horses. A temporary licence does not require the Minister’s consent, but can only be granted for a maximum period of one year. The Reserve Trust has the power to lease or license uses within a reserve. Leases and licenses can be established by the Council for public or private purposes, providing they are consistent with the major objectives of this Plan of Management, and that the residential and environmental amenity of these areas is maintained. Any lease or licence must be in accordance with the reserve purpose and the lessee must not provide any facilities that create any barriers to entry or other facilities within the reserve. The Trust Manager has a responsibility to notify the Department of Lands of any leases. Consent must be obtained from the Minister for Lands before any long term licence on Crown land is granted. Leases greater than 5 years are required to be advertised under Clause 34 of the Crown Lands Act 1989. Licence agreements of less than 1 year (temporary licences) do not require the consent of the Minister and may be approved and issued by the Trust. Other leases and licences may be considered during the life of this Plan and will be assessed against the reserve purpose, other legislation and planning documents, and this Plan. Any proposed use of the Park that requires consent from Council will be subject to a Development Application or Activity Approval with appropriate conditions imposed. Section 102 of the Act states in part that the Minister may not give consent under Part 2 for a lease for a term exceeding 5 years, or a lease for a term that, by the exercise of an option, could exceed 5 years. 9.2.8 Development application requirements Reserve Trusts are “public authorities” as defined in the Environmental Planning and Assessment Act 1979. Under Clause 49 of the Environmental Planning and Assessment Regulation 2000, consent in writing of the owner of the land for a development application is not required when a public authority, before making the application, serves a copy of the application on the owner. 9.3 RESERVED CROWN LAND A parcel of Crown land in Donnelly Park is reserved Crown land for Future Public Requirements, which was probably left over from an earlier High Water Mark to a later High Water Mark as reclamation of the bay progressed. It is necessary that this land is added to reserve 87279. Under Section 90 of the Crown Lands Act 1989, the Minister for Lands may,



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by notification in the Government Gazette, reserve any Crown land for future public require-ments or another public purpose. Section 92 of the Act requires that a land assessment be carried out to determine the appropriate public purpose of the land. However, the Act provides for waiving the requirement for a land assessment if it is proven to be in the public interest, and the waiver would be consistent with the principles of Crown land management. This Plan of Management seeks the Department of Lands’ approval to add Reserve 752056 to R87279 because the reserves are contiguous, and it is desirable that both reserves are for the purpose of Public Recreation. Should the Minister for Lands reserve the land for the purpose of Public Recreation and then appoint Council trustee, then any future leasing or licensing agreements for the use of the Crown reserve would require the approval of the Minister. In addition, Council would be expected to adhere to the provisions of the Crown Lands Act 1989, with particular attention given to Section 102 of the Act, as well as the appropriate regulations associated with the Act. 9.4 STRATEGIES Table 9.2 outlines the preferred strategies and objectives for the Crown land in Donnelly Park. Table 9.2 Planning, management and development strategies for Crown land

Strategies Objectives Performance measures Request the Minister for Lands to add R752056 for Future Public Requirements to R87279 for Public Recreation. Request the Minister for Lands to reserve R752056 for Public Recreation. Subject to R752056 being reserved for Public Recreation, Council to seek the Minister’s concurrence to appoint Council trustee of that reserve.

Manage the Crown land in a consistent manner that meets the requirements of the Crown Lands Act 1989. Ensure all Crown land in Donnelly Park is reserved for Public Recreation. Manage both parcels of Crown land in Donnelly Park by the Donnelly Park (R87279) Reserve Trust.

Both Crown reserves in Donnelly Park are reserved for Public Recreation. Both Crown reserves in Donnelly Park are managed by the Donnelly Park (R87279) Reserve Trust.

Subject to R752056 Crown land being reserved for Public Recreation, apply the ‘Whole of Park’ strategies as outlined in Section 4 to the Crown land.

Provide a consistent and holistic planning, management and development approach to the whole of the park.

-

Furnish a report on the Trust’s activities for the previous financial year, consistent with the contents of such reports in Clause 32(2) of the Crown Lands Regulation 2006.

Meet the reporting requirements of the Crown Lands Act 1989.

Report completed every year.

Seek a formal tenure arrangement from the Department of Lands over the jetty and pontoon which are in the Crown waterway.

Continued maintenance of the jetty and pontoon by Council.

Tenure arrangement in place.



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Table 9.2 Planning, management and development strategies for Crown land (cont.)

Strategies Objectives Performance measures Address the implications of silting of Connells Bay on sailing activities based on Donnelly Park. Prepare an estuary management study and plan to identify and address management objectives and options for Connells Bay, Kyle Bay and Shipwrights Bay. Consider dredging of Connells Bay.

Reduction in silting and blocking of the stormwater outlets. Remove rocks and debris from near the stormwater outlets. Ensure access to the jetty at low tide. Increase the range of watercraft that can use the jetty and pontoon.

Stormwater outlets are functional. No reports of stormwater outlets blocking. Access to jetty at low tide. Estuary management study and plan prepared. Decision regarding dredging of Connells Bay is made.

Implement recommendations for priority foreshore restoration in the Foreshore Management Study and Plan that apply to Donnelly Park. Rebuild some sections of the sea wall as required, pending replacement of the sea wall with a stepped structure similar to that in Claydon Reserve.

Restore the Connells Bay foreshore based on a triple bottom line (social, economic and environmental) approach. Ensure the sea wall is functional and provides a buffer between the reclaimed parkland and Connells Bay. Minimise foreshore erosion. Provide habitat for marine fauna.

Sea wall is inspected regularly and repaired when required. Sea wall is replaced when required. New sea wall incorporates inter-tidal area habitat.

Provide opportunities for increased use of the foreshore through more seating, maintaining salt-tolerant grass cover, intermittent planting of shade tree and shrub species that allow views and can withstand salt air, solar lighting, and reclaimed soil.

Improved attractiveness, amenity and use of the foreshore.

Increase in numbers of people using the foreshore.

Designate an area for boat rigging in the eastern and western portions of the park. Issue a licence to the Connells Point Sailing Club to close and signpost the section of the public pathway when the club are using the rigging area. Pave the area between the community buildings and the boat ramps to facilitate transporting and rigging watercraft.

Maintain access to the boat ramps by the sailing club, Sea Scouts and the public. Provide safe access and footing on the boat ramps. Avoid wear and tear of grass between the buildings and boat ramps. Minimise conflicts between boating activities and other activities in the park.

Observations of wear and tear on grass. No conflicts between users of the boat ramps and rigging area.



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Once Council adopts this Plan of Management and the Department of Lands approves it, it is incumbent on the Reserve Trust to “carry out and give effect to it” (Section 114 of the Crown Lands Act 1989). The Trust must only allow operations or development that is in accordance with the Plan of Management.



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10 FUNDING AND SCHEDULE OF WORKS 10.1 SOURCES OF FUNDING Implementation of those strategies and actions outlined in this Plan of Management, whether wholly undertaken in one attempt or staged over a period of time, will depend on the demands made on Council, its preferred priorities in any one financial year, and the availability of resources each financial year. Table 10.1 outlines possible external sources of funding to assist Council in its undertaking of capital works associated with this Plan of Management. Table 10.1 Possible sources of external funding

Grant Organisation Purpose Commonwealth Natural Heritage Trust Department of

Environment and Heritage Bushcare Program: conserving and restoring habitat for native flora and fauna.

Public Art Program Ministry for the Arts Grants of up to $4,000 are available to assist in the commissioning of concept proposals by artists. Matching grants of up to $20,000 are available for commissioning public art.

Australia Council for the Arts

Australia Council Community cultural development, visual arts / crafts, theatre, dance, music

Community Water Grants

Department of Environment and Heritage

Offers grants to help local community organisations to save, recycle or improve the health of their local water resources. Grants are available for projects related to water saving and efficiency, water recycling, and water treatment to improve surface and groundwater health.

State Public Reserve Management Fund

Department of Lands Assists Crown Reserve Trusts in the management, planning and development of Crown reserves.

Metropolitan Greenspace Program

Department of Planning Planning and improvement of regionally significant open space in Sydney.

Capital Assistance Program

Department of Tourism, Sport and Recreation

Community-oriented sporting and / or recreational facilities.

Environmental Trust: Integrated Environmental Program

Department of Environment and Conservation

Environmental restoration and rehabilitation to prevent or reduce pollution, waste or other environmental degradation.

Estuary Management Program

Department of Environment and Climate Change

Management and restoration of rivers and lakes.

Waterways Asset Development and Management Program

NSW Maritime Provide waterways infrastructure (foreshore improvements, construction of boat ramps and jetties, foreshore access) for the boating community.

Community Develop-ment and Support Expenditure Scheme

NSW Office of Liquor, Gaming and Racing

Encourages larger registered clubs in NSW to contribute to the provision of front-line services and community projects.



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These external grants are available annually, but may vary as to the sum of capital assistance available and the criteria for preferred projects being promoted by the funding body. It should be noted that grants are not available to contribute towards maintenance works. These remain the responsibility of Council. In addition, grants are available only for a limited time, and are not always available every year. The availability of grants can be limited to only 12 months or may be available for a set period, for example grant funding may available over a three year period for a specific staged project that requires, owing to the extent of the project, extensive financial assistance. Financial assistance from grants is generally confined to a dollar-for-dollar contribution. This requires Council to contribute 50% of the costs of the project, and the funding body contributing the other 50%. The total amount and number of grant funds that are available from any one source at any one time is very limited. The availability of grant funding is also competitive. Therefore, Council cannot rely on grants to commence and supplement a project. However, Council should apply to any grant body for assistance where any of its projects comply with the grant criteria. This Plan of Management can assist Council in the preparation of appropriate applications. In addition, the State and Federal Governments periodically introduce new grant programs. These may address a specific social, economic or environmental issue. Council will need to monitor these grants as they are introduced. As previously noted, grants are not available to assist in financing maintenance of parks and reserves. Unless balanced by the introduction of new efficiency measures, reduction in existing maintenance expenditure to supplement new capital works should be avoided. The consequence of a failure to adequately maintain valuable assets is the necessity to bring that asset back online at a later date. This is usually at a higher financial cost to the community. Further consequences result in a loss of public credibility and accountability in asset management as well as a reduction in asset service value. The adage “prevention is better than cure” has significant relevance in the management of valuable community assets. In addition, it should be noted that where monitoring of works is required then this too would incur additional costs. The ongoing maintenance of existing assets such as buildings, equipment and furniture should be the preferred course of action where that asset has high community value and use. However, if the rate of deterioration of assets has exceeded reasonable ongoing maintenance and expenditure, repair or replacement costs then Council will need to consider asset disposal and divert funding to supplement new development or improved maintenance of other assets. 10.2 RANKING The following section outlines the schedule to implement the strategies outlined in this Plan of Management. Implementation of some strategies are dependent on or may be affected by the outcome of another strategy which may identify additional works that need to be undertaken before the recommended works nominated in Table 10.3. The suggested rankings are also subject to other factors requiring a change but there is nothing to prevent all or a limited number of strategies within this Plan of Management being implemented at any one time, or lower-priority items being implemented first. The cited priorities may be subject to other changes to accommodate a program of works that best



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achieves a consistent means of development relative to available funding and resources. However, where changes are proposed prior consideration needs to be given to the impact of any proposed undertaking on other future works to avoid unnecessary expenditure, duplication or inconvenience. The schedule of works listed in the plan has been prioritised in a hierarchy expressed by:

1. First Order Priority. 2. Second Order Priority. 3. Third Order Priority.

These priorities are explained in Table 10.2. Table 10.2 Priority Order Key Priority Description 1 First Order Priority Items allocated “1” are the preferred first items to be addressed in

implementing the plan. 2 Second Order Priority Items allocated “2” are the preferred secondary items to be addressed in

implementing the plan, but can be upgraded or downgraded. 3 Third Order Priority Items allocated “3” are the preferred third order items to be addressed in

implementing the plan and should be implemented after items “1” and “2” have been initiated. Items in this category may be upgraded to second order priorities.

10.3 SCHEDULE OF STRATEGIES AND ACTIONS Table 10.3 presents a schedule for implementing the strategies outlined in this Plan of Management. The table indicates the strategy and the preferred priority for each of the actions. The schedule of actions forms part of the overall strategies for the management of Donnelly Park. The tabled strategies are listed in the order of preferred priority. Table 10.3 Schedule of Strategies and Actions Priority Action Responsibility


R&LP (1)


R&LP

Prepare a Landscape Master Plan for the park, including landscape design guidelines.

R&LP

Replace the playground equipment and softfall. R&LP Construct a children’s bike track around the playground. R&LP Install new barbecue equipment and picnic settings, and remove the

existing settings. R&LP

Install paved accessible pathways linking the picnic and play area, carpark, Kyle Parade, toilets, the jetty and the waterfront.

R&LP

Pave the apron between the boat ramps and the community buildings. R&LP Establish a shared pedestrian-vehicle zone at the vehicle entry to the

park. R&LP

Prepare an Asset Management and Maintenance Plan for the park. R&LP



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Table 10.3 Schedule of Strategies and Actions (cont.) Priority Action Responsibility

2 Construct a walking / exercise track around the perimeter of the park. R&LP Install seating along the foreshore and perimeter path. R&LP Install solar lighting along the foreshore. R&LP Plant shade and landmark trees along the foreshore. R&LP Plant locally indigenous shade trees in the picnic, barbecue and

playground area. R&LP

Establish a small picnic area between the foreshore and the toilets. R&LP Replace the sea wall with a more environmentally friendly rock batter

and saltmarsh planting. R&LP

Construct new stairs to access the water. R&LP Lay new turf adjacent to the waterfront. R&LP Continue maintenance and regeneration of the bushland. R&LP Prepare a Water Management Plan. R&LP Install directional and regulatory signage. R&LP 3 Install fitness equipment at small exercise stations around the walking

track. R&LP

Close unused paths in the bushland, amalgamate paths not required. R&LP Reconfigure and rationalise carpark areas adjacent to the sailing club. R&LP Formalise the edge to the garden bed east of the Sea Scouts building. R&LP Replace the log barrier rails to the carpark with a more aesthetic vehicle

barrier. R&LP

Survey the park to establish encroachments. R&LP (1) Recreation & Landscape Planning Section of the Assets and Services Department.



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REFERENCES Beder, S. (1996) The Nature of Sustainable Development. Scribe, Newham, Australia. 2nd ed. Benson, D., and Howell, J. (1990) Taken for Granted: the Bushland of Sydney and it’s Suburbs. Kangaroo Press, Sydney. Chapman, G.A. and Murphy, C.L. (1989) Soil Landscapes of the Sydney Region 1:100,000 Sheet. Soil Conservation Service of NSW. Kogarah Council (undated) Kogarah Greenway Plan. Kogarah Council (2001) Disability Discrimination Act – Action Plan. Kogarah Municipal Council (2004) Kogarah Social Plan. Kogarah Municipal Council (2005) Residential Design Guidelines. Kogarah Council (2006) Development Control Plan No. 26 – Exempt & Complying Development. Kogarah Municipal Council (2007) Section 94 Contributions Plan No. 5: Open Space – 2007. Kogarah Municipal Council (2008) 2008/2013 Management Plan. Parkland Environmental Planners (2007) Donnelly Park Buildings Plan of Management. Prepared for Kogarah Council. Southern Sydney Catchment Management Board (2002) Southern Sydney Catchment Blueprint. Seidlich, B. (1997) Action Plan for Local Government: Green Web – Sydney: A Vegetation Management Plan for the Sydney Region. Sydney Regional Organisation of Councils.



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APPENDIX A PLANNING AND DEVELOPMENT The following section outlines a number of planning instruments that will influence and guide use and development of Donnelly Park. LOCAL ENVIRONMENTAL PLAN Donnelly Park is zoned 6(a) Open Space (Public) in the Kogarah Local Environmental Plan (LEP) 1998. Zoning of Donnelly Park

The objectives of the 6(a) Open Space (Public) zoning are to:

� recognise publicly owned land used or capable of being used for local public recreation.

� identify and protect land intended to be acquired for local public open space. The LEP allows specific types of development with and without consent. Development within the zoning for the site must be ancillary to or promote the use and enjoyment of parkland. Clause 16 of the LEP states that Council wish to ensure that ecological sustainability is considered as part of the development assessment process, in terms of:

� conserving natural resources. � optimising the use of natural features. � optimising energy efficiency. � maintaining or improving air, water and soil quality. � reducing car dependence. � avoiding and minimising waste.



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Zoning table for 6(a) zone

Without development consent

With development consent Prohibited

Drainage Minor works and structures such as fencing, playground equipment, reticulation, lighting, seating / shelter sheds, barbecues, and buildings not more than 40m2 in area Roads Works (but not buildings) used for gardening, landscaping and bushfire hazard reduction Exempt development

Buildings used for gardening, landscaping and bushfire hazard reduction Centre-based child care services Community facilities Public parking Public utility installations Recreation areas: - children’s playground - area used for sporting activities or sporting

facilities. - area used to provide facilities for recreational

activities which promote the physical, cultural or intellectual welfare of persons within the community being facilities provided by the Council or a body of persons associated for the purposes of promoting the physical, cultural or intellectual welfare of persons within the community.

- include golf courses, tennis courts and bowling greens and any ancillary club buildings and showgrounds.

Refreshment rooms (restaurant, café, tea room, eating house or the like).

Any other development

Clause 21 of the LEP is intended to ensure that development within the 6(a) Open Space (Public) zone is compatible with the existing and future use of the land and will not conflict with the use of surrounding land. The park is within the Waterfront Scenic Protection Area which applies only to private development. DEVELOPMENT ASSESSMENT CRITERIA Council considers development applications for its parks and reserves with reference to its Local Environmental Plan (LEP) and the development assessment criteria within that plan. The LEP states that the Council as the consent authority should not grant its consent to development on land zoned Open Space 6(a) unless it has considered the following assessment criteria:

� the need for the proposed development on that land. � whether the proposed development promotes or is related to the use and enjoyment

of the land. � the impact of the proposed development on the existing or likely future use of the

land. � the need to retain the land for its existing or likely future use.



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Furthermore, when assessing whether a particular use or development on a public reserve is appropriate at this site, then:

� the total area to be affected by a proposed development is to be a relevant factor in assessing the appropriateness of that development. Where a development proposal results in a permanent loss of a substantial area of open space parkland, then the total area to be alienated is to be weighed against the impact on the purpose, enjoyment and amenity of the reserve.

� the incorporation and use of ecological sustainable development building and management practices are also to be a relevant factor in assessing the appropriateness of a proposed development within a public reserve.

Development consent may not be required if any proposed development complies with Council’s Development Control Plan for Exempt and Complying Development. RESIDENTIAL DESIGN GUIDELINES Donnelly Park is within Foreshore Locality 7 – Connells Point in the Kogarah Residential Design Guidelines (Kogarah Municipal Council, 2005). Although the guidelines apply to residential development, Council’s objective for the land-water interface between Harness Cask Point and Connells Point are to improve the scenic quality of the foreshore by:

� maintaining and protecting existing native vegetation close to the water’s edge and below the foreshore building line.

� retaining and protecting the natural landform, particularly the sandstone foreshore and rock formations.

� encouraging suitable landscaping below the foreshore building line. � ensuring that any development close to the water’s edge is suitably designed and

treated to minimise its impact when viewed from the water. GREEN WEB - SYDNEY Green Web – Sydney is a Sydney-wide initiative to establish a green web of native vegetation and habitat corridors to provide links between fragmented sections of urban native bushland as well as to protect, conserve and enhance the remaining bushland in the Sydney region (Seidlich, 1997). Large open space areas, such as parklands, can make a significant contribution to these ideals without undue impact on their existing use or conflict with core objectives for such use. With reference to the Green Web – Sydney scheme, Donnelly Park is within the Habitat Reinforcement Area designated by Council. As a consequence, Council requires the planting of native trees and vegetation to establish a green web link to provide for migrating birds and habitat opportunities around the foreshore areas of the Georges River.



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METROPOLITAN AND SUB-REGIONAL STRATEGIES The Department of Planning’s Metropolitan Strategy for parks and public spaces in Sydney specifies that actions to be pursued are to:

� improve access to quality parks and public spaces. � provide a diverse mix of parks and public places.

The Draft South Subregional Strategy (Department of Planning, 2007) sets out the following key directions for parks, public places and culture in the subregion to:

� ensure open space areas and facilities are managed sustainably to cater for residents and visitors to the sub-region.

� recognise diversity across the sub-region. The relevant objective of the draft Sub-regional Strategy is to improve the quality of local open space. Following on from this objective is a call for Councils to embellish and improve existing open space areas and facilities to serve the needs of existing and future residents of the South Subregion. GEORGES RIVER CATCHMENT Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment The Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment outlines objectives for the catchment that relate to environmental protection, water quality, river flows and land use. Southern Sydney Catchment Blueprint The Southern Sydney Catchment Blueprint (2002) sets out an action plan to improve the catchments of southern Sydney, including the Georges River catchment. This Blueprint will be incorporated into the Catchment Action Plan being prepared by the Sydney Metropolitan Catchment Management Authority. The vision for catchment management in the Blueprint is: “A sustainable Southern Sydney Catchment which recognises cultural and heritage values and is the responsibility of the whole community.” The objectives of the Blueprint are:

� remediation and protection of terrestrial and aquatic environments to levels where they will be ecologically sustainable.

� management of urban and rural areas with economic, social and physical infrastructures that promote sustainable communities with good quality of life.

� management of the Board area by participation of the whole community, including Aboriginal people in recognition of their historical occupation and care of the country.

� recognition and appropriate preservation of the Board area’s cultural heritage.



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� integration and co-ordination of all spheres of government, business and the community to achieve a sustainable and productive Board area.

The Blueprint outlines a number of strategies to achieve a healthy, productive and diverse catchment, and measurable targets to be achieved by Councils, other government agencies and other groups. The catchment targets are:

� Improve management of the natural environment in the catchment. � Regional environmental plans and other plans for the Board area are consistent with

the Blueprint. � Catchment management plans and programs give consideration and support to the

cultural values and needs of the indigenous and other cultural groups in the Board area.

� By 2012 achieving a co-ordinating, representative and participative integrated system, including the capacity to integrate research and information systems, and oversee the implementation of the provisions of the Blueprint.

ECOLOGICALLY SUSTAINABLE DEVELOPMENT Ecologically sustainable development (ESD) seeks to provide economic, social and environmental benefits in the long term. The Commonwealth Government defines it as:

“…using, conserving and enhancing the community’s resources so that ecological processes, on which life depends, are maintained and the total quality of life, now and in the future, can be increased”.

Essentially, this means that any activity carried out now should meet current sustainability requirements so that the activity should not degrade or deplete the environment so much that a society or community will not be able to meet their needs in the future (Beder, 1996). These core principles should form the basis for guiding any future development, alteration or addition to the built environment as well as landscape works that may take place within the study area. A summary of these principles that are to be adopted as guiding principles in this Plan of Management are set out below. ESD principles

ESD Principle Application to Donnelly Park Conservation of energy

Any new building or landscape works should be constructed to minimise the reliance on fossil fuels and promote renewable energy alternatives.

Use of ecological systems

Buildings or landscape works are to be designed to work with the seasonal climatic conditions, natural energy sources, and other ecological systems.

Minimisation of new resources

Buildings and landscape works are to be designed to minimise the use of new resources. Existing resources at the end of their useful life in one form, where feasible, to be incorporated into new works.

Consideration of the site and its ecological systems

Works associated with buildings or landscape and their use are to give consideration to the site and impacts on ecological systems, such as wildlife habitat and water quality.



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ESD principles (cont.)

ESD Principle Application to Donnelly Park Integrating user needs while ensuring ecologically sustainable practices

Buildings and landscape works are to be designed relative to the principal user purpose and needs with least impact on the environment. Works associated with the landscape are to consider the inclusion of endemic vegetation and the creation of habitat opportunities for native species and furthering life supporting ecological systems.

Adopting a holistic approach

The above principles are to be embodied in a holistic approach to the built and landscaped environment within parkland.



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APPENDIX B LAND ASSESSMENT INTRODUCTION The primary function for describing and assessing Donnelly Park’s assets and resources is to identify the principal attributes of the land, determine the condition of the buildings, and identify constraints. The process provides the basis for assigning appropriate land categories, identifying land management issues, determining objectives to supplement the core objectives for each category of land, and for determining the appropriate action plan and performance measures as required by the Local Government Act 1993. A site assessment is in Figure B.1. CLIMATIC CONDITIONS The climatic conditions impacting on Donnelly Park are typical Sydney moderate temperate conditions (Bureau of Meteorology, 2006), characterised by:

� average maximum daytime temperature of 22.1oC, with an increasing number of hot days above 30oC. Temperatures in Sydney in the last 7 years have been above average.

� the historic annual average rainfall at Observatory Hill is 1,217mm, with an average of 138 rain days.

� winds are predominantly from the south-east in winter and north-east in summer. Donnelly Park is set on Connells Bay on the north side of the Georges River and has a strong southerly aspect. The Park is very protected on three sides - east, north and west -but is very open to the south. Southerly winds and wind waves are funnelled up Oyster Bay across the Georges River and into Connells Bay and Donnelly Park. DESCRIPTION OF THE LAND Landform Donnelly Park is approximately 2.4 hectares in size. The park is generally low-lying and flat at about AHD 1.6-2.0 metres, with a series of filled rock shelves on the eastern and western edge of the park rising to approx AHD 2.6 metres in height. Geology / soils Donnelly Park is typical of many developed bays on rivers in and around Sydney, because much of Donnelly Park has been filled and a sandstone block sea wall has been installed which separates grassed fields from seawater. The surrounding geology of Donnelly Park is made up of Hawkesbury Sandstone of a medium to coarse-grained quartz with shale and laminite lenses. Donnelly Park itself is based on soils of the Warriewood Group being silty to peaty quartz sand with medium to fine sand with podzols.



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Figure B.1 Site assessment



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Low sandstone shelves and rockfaces are evident on the elevated west side of the park and the more natural eastern corner of the park. The fill material used in Donnelly Park was dredged from Connells Bay. The Kogarah Local Environmental Plan 1998 (Amendment No. 17) Acid Sulfate Soil Planning Map shows most of Donnelly Park is situated on potential Class 2 Acid Sulfate Soils. Consent from Council is required for works below natural ground surface, and works by which the water table is likely to be lowered. The western side of the park is within a 100 metre buffer zone adjacent to Class 2 land. Catchment and hydrology Donnelly Park is at the lowest point in a stormwater catchment bounded by Connells Point Road in the west and north and Boronia Street in the east. Stormwater The layout of the stormwater drains in the area is shown in Figure B.2. The catchment drains via two outlets to the bay. Two major drains - 1.2 metres diameter and 0.6 metres diameter - drain major part of the Donnelly Reserve catchment to the bay. A small open drain runs along the rear of the properties (shown in pink below). A small surface inlet pit connects this drain to the 1.2 metre diameter stormwater pipe (see dashed line below). Figure B.2 Stormwater pipe layout

courtesy of Kogarah City Council



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Flooding The historical flooding of properties in the area and overland flow routes are shown in Figure B.3 below. Based on XP-Storm 2D modelling undertaken as part of the Middle Bays Flood Study, there appears to be two overland flow paths across the park during extreme storm events. The overland flows (shown at A below) break out from Kyle Parade near the entry to the park and run into small drain at rear of the properties which gets flooded. There is stormwater surface inlet pit that feeds this drain to 1.2 metres diameter stormwater drain. The pit is unable to accommodate the overland flows as there is large ponding at rear of the properties during extreme storm events. The second overland flow path (shown at B below) breaks from flooding on Kyle Parade from the low kerb on the road. The velocity and depth of flows are appreciable as it discharges into the bay. The scouring of the area around the foreshore area is a good indicator of the impact of these overland flows. Figure B.3 Overland Flow Paths

courtesy of Kogarah City Council

Gross Pollutant Trap An underground Gross Pollutant Trap is located next to the play equipment. The trap was installed in May 2002 and prevents an average of 14 tones of pollutants a year from reaching Connells Bay. Suitable access should be maintained to allow for regular maintenance.

A

B



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Flora and fauna Flora The original vegetation of the Connells Point area would have been swamp woodlands or forests of Swamp Mahogany (Eucalyptus robusta) and Swamp She-oak (Casuarina glauca), with Paperbarks (Melaleuca quinquenervia), Lillypillys (Acmena smithii) and probably Cabbage Tree Palms (Livistona australis) (Benson and Howell, 1990). Existing remnant vegetation in the Park consists of Cheese Tree (Glochidion ferdinandii), Swamp Mahogany (Eucalyptus robusta) and Bangalay (Eucalyptus botryoides). Other tree species planted within the park are:

Common Name Botanic Name Willow Bottlebrush Callistemon salignus Grey Gum Eucalyptus punctata (?) Willow Gum Eucalyptus scoparia (?) Red Ironbark Eucalyptus sideroxylon Norfolk Island Hibiscus Lagunaria patersonia Weeping Willow Salix babylonica Pepper Tree Schinus aurea



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Mature Casuarina trees have been planted in garden beds surrounding the two community buildings. There are no formalised street trees planted along Kyle Parade. The open grass area of the park has a good coverage of Kikuyu. However, areas close to the sea wall have no grass coverage. This has been attributed to salt damage to turf due to wave wash in the area. There are some valuable seagrass communities in Connells Bay adjoining the park. Fauna There are no records of fauna kept for the park. VISUAL ASSESSMENT The dominant visual elements of the Park are the:

� generally native tree canopy. � small wharf and jetty. � expanse of water of Connells Bay � housing backing onto the park. � expanse of grass central to the park. � clubhouses of Connells Point Sailing Club and the 1st Kyle Bay Sea Scouts.

Views into the park are limited due to the surrounding large houses. A good view over the park is obtained from Kyle Parade as the park is approached from the south. ACCESS AND CIRCULATION Access to the Park Access to Donnelly Park is primarily by foot, bicycle or private vehicle. Punchbowl Bus Company operates a local bus service No 953 which passes by the park regularly and links to Hurstville Station. Donnelly Park is open to all visitors on foot 24-hours a day, as there are no fences or locked gates that would prevent or restrict entry. Lockable vehicular access gates are used to control access to the carpark area and boat ramp between 9pm and 4am. Pedestrian and bicycle access is available from a pathway along the Kyle Parade frontage to the park. Many residences backing onto the park have direct access to the park through gates in their rear or side fences. No formal access is provided along the water’s edge to the park from the west.



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A small sealed carpark adjacent to the sailing club carpark is available for users of the buildings. Additional parking is provided with 90o parking along Kyle Parade for approximately 40 cars. Service and emergency vehicle access is available off Kyle Parade. Circulation within the Park There is no formal pedestrian access within Donnelly Park. There is no access for people with mobility difficulties between the carpark, buildings and public toilets. CULTURAL HERITAGE The NSW National Parks and Wildlife Service database indicates evidence of Aboriginal archaeological sites (middens) in Donnelly Park. The buildings and structures in the park date from the 1960s and are not of architectural note. PARK ASSETS Assets and condition Donnelly Park contains a variety of capital assets that contribute to the general enjoyment of the parkland for both passive and active recreation. These assets extend the range of opportunities from sports activities, social functions to educational opportunities. However, there have been no comprehensive valuation studies to determine individual asset values. The tables below provide an overview of the condition of the assets in Donnelly Park. These assets are generally in an adequate to good condition. Built elements in Donnelly Park

Element Location Materials Condition Toilet Block Toilets for males, females, people with disabilities.

South east corner of park

Concrete block metal security grille and metal roofing. Single storey

Constructed recently

Connells Point Sailing Club

Centre of park Red brick and glass building with metal roof

Satisfactory

1st Kyle Bay Sea Scout Group

Centre of park Red brick building with metal roof Satisfactory

Carpark Centre of park Asphaltic concrete and Koppers log perimeter

Poor condition

Jetty South east corner of park

Painted hardwood timber boardwalk and fibreglass pontoon

Satisfactory condition, some decking loose.

Boat Ramp South east corner of park

Concrete Satisfactory condition



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Toilet block

Boat ramps

Jetty

Pontoon

Basketball backboards

Children’s playground

Picnic and barbecue area



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Park furniture

Element Location Materials Manufacturer Condition Picnic Furniture Type 1

Picnic Area Painted hardwood timber battens and painted steel frame

Street Furniture Australia Pty Ltd

Poor condition and appearance

Picnic Furniture Type 2

Picnic Area Painted hardwood timber and painted tubular steel frame

Playmaker Pty Ltd

Poor condition and appearance

Barbecues – electric

Picnic area Steel, concrete Unknown Satisfactory condition

Play Equipment Senior modular unit with individual items (spring seesaw, swings)

Picnic Area Powdercoated tubular steel and plastic. Bark softfall

Ausplay Pty Ltd Poor condition and appearance, does not conform to AS. Some items need to be replaced.

Basketball courts (2 x one-third courts)

Near the playground

Asphalt, backboards and hoops

Unknown Courts – good, backboards – poor

Vehicle Barriers Carpark and Kyle Parade

Treated pine logs NA Poor condition and appearance

Vehicle Barrier Gate

Carpark on Kyle Parade

Painted tubular metal NA Poor condition and appearance

Park Seats Along Sea Wall Painted hardwood timber and painted tubular steel frame

Unknown Poor condition and appearance

Park Lighting Picnic Area and Carpark

Powdercoat metal post and glass ball standard

Unknown Satisfactory condition

Park Solar Light Picnic Area Powdercoat metal post, solar panel and fluorescent light standard

Unknown Good condition

Sea Wall At waters edge Sandstone block and render

NA Satisfactory condition

Steps Near toilet block Concrete - Good Jetty There is no formal path to access the jetty. Because of the shallowness of the bay, the jetty and pontoon only caters for dinghies, small boats and flat bottom boats. The pontoon was stolen recently and has been replaced. Four decaying wharf piles have also been recently replaced. Foreshore Protection A vertical seawall protects the foreshore. The wall is made of sandstones block with concrete capping. The seawall shows signs of an aging structure. Sections of the seawall are repaired regularly as part of Council’s foreshore assets maintenance program.



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Due to its vertical nature, the existing seawall increases wave energy and regular overtopping of the crest of the seawall occurs. This leads to foreshore erosion and dying of non salt tolerant turf. A trial involving the use of salt tolerant turf on the edge of the seawall (western side of the jetty) has been conducted. The turf was only laid a couple of months ago. Thus far the trial seems successful. There is also an apparent lack of foreshore vegetation. Foreshore vegetation is important as it stabilises the foreshore, provides habitats, acts as a natural filter and decreases the amount of pollutant and sediments reaching the bay.

Being a vertical, smooth structure the existing sea wall only provides limited habitat for animals. The existing seawall is a typical traditional foreshore protection structure that was designed by engineers with little consideration of environmental and social considerations. New foreshore structure designs have the potential to integrate social and environmental benefits (refer to Claydon Reserve Foreshore Restoration Project) and could also address the risk associated with sea level rise.



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Asset management Council has prepared an asset management system. As the number of assets it has in its possession increases, and as other assets age, it is important to monitor their condition. Monitoring is undertaken to asses each stage of the assets life cycle from new to eventual disposal. The information provides the means for Council to evaluate and make decisions relative to the allocation of scarce resources and the need for repairing, renewing, replacing or disposing of an asset. The process also allows for budget and service planning relative to the expenditure required to retain the quantity and/or quality of service to be provided to a particular asset. Council has considerable investment in its assets at Donnelly Park, including the playground and picnic facilities, based on the information contained in its Assets Register. With consideration to public expectations, regulatory requirements and growth in demand, Council should prepare an asset management plan for Donnelly Park. That plan should be prepared arising from this Plan of Management, the proposed Landscape Master Plan, and other studies that address management issues as they are completed. RISK MANAGEMENT Standards Australia note that risk management is recognised as an integral part of good management practice (AS/NZS 4360:1999). Risk management is a systematic method for establishing the context, identification, analysis, evaluation, treatment, monitoring and communication of risks (AS/NZS 4360:1999). Council will need to prepare a hazard identification and risk management plan for the park, which could contain a number of potential unidentified environmental, health and safety risks. Risk may arise from the inappropriate use of the park, and unsafe use of equipment, tools, maintenance or work practices. The risk management plan should be prepared by an appropriately qualified person in accordance with Australian Standard AS/NZS 4360.

USE OF THE PARK Donnelly Park is a multi-purpose park that caters for:

� Informal recreation, including walking, walking the dog, picnics and barbecues, riding bikes, exercising, jogging, children’s play, sitting, reading, relaxing, bocce, and eating lunch.

� informal sport, including soccer training, consistent with a Seasonal Sportsground Permit.

� sailing and boating. � group fitness activities. Step Into Life uses Donnelly Park for their fitness programs

under the terms and conditions of a Sports Clinic / Fitness Training permit from Council.

� large group events, such as company Christmas parties, sports days, and school picnic days.

Discouraged and prohibited uses Prohibited uses indicated by signage are flying model planes, using motorised bikes and vehicles, riding horses, unleashed dog exercise, lighting fires, using firearms, and golf practice.



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Intensity of use An overview of the intensity of use of the various facilities and settings in the park is set out below.

Facility / setting Purpose Intensity of use

Comment

Flat grassed area Informal games, walking, sport training, group fitness classes, boat rigging

Medium Seasonal use by soccer club, and under permit by fitness group. Use is concentrated on the eastern side of the grassed area.

Foreshore / building apron

Walking / jogging, viewing the bay, rigging and cleaning boats

High Grass is worn in places

Jetty / pontoon Viewing the bay, launching watercraft

Low Mostly used on weekends

Boat ramp Launching watercraft Low Mostly used on weekends Toilet block Public toilets Low As required Picnic / barbecue area Picnics, barbecues, social

gatherings Medium Seasonal – high in summer

and on weekends, low in winter

Children’s playground Children’s play Medium Seasonal – high in summer and on weekends, low in winter

Carpark Vehicle parking Medium Seasonal – high in summer and on weekends, low in winter

Open parkland Informal recreation Medium - Bushland / foreshore Nature appreciation Low - MAINTENANCE Maintenance activities undertaken in Donnelly Park are:

� turf mowing. Fine cut and broad acre mowing on a 2 to 4 week cycle. � whipping, edging. � tree trimming and cleaning up as needed / reported. � rubbish removal from the playground, boat ramp as needed. � weed spraying � repairing / replacing vandalised or worn park furniture. � minor filling along the sea wall.

A security company locks gates and toilets at 7.30pm. The playground is inspected and repaired by KCW every 3 to 4 weeks or as needed / reported. Two official inspections and reports per year are undertaken by Playfix. Bushland maintenance is carried out monthly by contractors.



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APPENDIX C RESULTS OF CONSULTATIONS This Plan of Management was prepared in close consultation with groups that use Donnelly Park, Council staff, and local residents. Consultation activities undertaken during the preparation of the Plan of Management are outlined below. 1 Representatives of user groups Meetings and telephone conversations were held with representatives of the Connells Point Sailing Club, 1st Kyle Bay Sea Scouts, Connells Point Rovers, and Step Into Life. Follow-up telephone calls to representatives of these organisations were made for further information if required. 2 Residents

Comments sheets were distributed by a letterbox drop of a comments sheet to adjoining residents in February 2008. Comments received are outlined in Appendix D. The results of the survey of residents were presented to the members of the Connells Point Progress Association on 4 March 2008. The meeting endorsed the resident’s written suggestions for addressing issues and making improvements to the park. A community meeting was held on 12 May 2008 at Connells Point Sailing Club. Proposed solutions to issues and suggested improvements raised earlier in the residents’ survey were shown on a concept plan and discussed. Comments from this meeting assisted in preparing the draft Plan of Management for public exhibition. 3 Council staff Council staff in the Parks and Urban Landscapes and Property sections of Council were consulted regarding available background information. Relevant staff provided comments on drafts. 4 Public exhibition Submissions to the public exhibition are outlined in Appendix E. 5 Public hearing The public hearing report is in Appendix F.



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APPENDIX D COMMENTS FROM USER GROUPS AND RESIDENTS

DONNELLY PARK

PLAN OF MANAGEMENT

Results of resident survey

February 2008

150 of the surveys were hand delivered Tuesday 12 February 2008 at 11.00am to residents in part Kyle Parade, Cross Street, Tawarri Crescent, Terry Street, Boronia Street, Loch Maree Crescent, Myerla Crescent and Wadsley Crescent. A prepaid self addressed envelope was provided as another alternative to return the survey to Council. The closing date for comments was Friday 29 February. No. distributed = 150 No. responses = 44 % response = 29%

1 Do you use Donnelly Park?

Yes 35 No 2

If so, how often?

Daily 8 Several times a week 10 Once a week 11 Once a month 1 Occasionally 1 Infrequently 1 Rarely 1

Not as much as we used to when our children were younger.

When we have visitors.1

For what activities?

Walking / strolling (16) Grand/children playing on equipment (9) Exercise (6) Barbecues (5) Walking dog(s) (4) Picnics (4) Relaxing (3) Fishing (3) Soccer (3) General play (2) Kick a ball around (2) Kayaking (2) Refuse collecting (2) Enjoy the water view General recreation Outdoor fitness Rigging sailing boat Games Meeting friends Sitting Training Viewing the river Sport Ride scooter Netball Riding bikes Kite flying Sailing

2 What features of the park do you like or are important to you?

Open space (14) Open space (5) for recreation Open field Spaciousness Nice green open area Open area Open expanse Openness



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Children’s play (14) Play area for kids Swings A place for locals to take their children to play in. Barbecue area (8) Maintenance (6) Kept clean and tidy. Regularly cut grass Well pruned and deadwooded trees It is a beautiful clean park for small children. The park is maintained. Well tended Picnic facilities (4) Tables Tables and chairs A great place for picnics (2) Boating facilities (5) Jetty (3) Boat ramp (2) Pontoon Shade (5) Shade trees Shaded areas Shaded areas for picnics View / scenery (4) The lovely view. Its view Scenery Great views of the river and surroundings. Grassed area (3) Close to water (3) Waterfront Near to water The river Boating activities (3) Seeing the sailing boats on Saturday. A great place for boating activities Boating Quiet (3) Generally quiet and uncrowded. Quietness of the area Peaceful environment Family park (3)

Family environment. There is something for every age group. A very nice green park where families may come and enjoy picnics. There are facilities for young children and parkland for the older children to enjoy themselves. Amenities (3) Toilets (2) Great washroom facilities Uncluttered (2) Its uncluttered environment Uncluttered open space Seating (2) Community meeting area (2) “Neighbourhood feel”. The park is a central meeting area for Kyle Bay / Connells Point. The local community feel should be maintained. Community interchange. Flat (2) Flat level ground Level walking Other Clean sand and bay Parking easily available Recreation area Security It’s not very busy Close to home

3 Can you suggest any improvements that should be made to the park?

Fine as it is. OK as it is. We like it as it is. Happy with the park as it is. Generally well kept. Suitable the way it is. Same as before



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Minimise lighting to basketball courts (4) Block the park lights. Remove lighting. Reposition lighting so it does not illuminate the court at night. Turn off the lights that light up the basketball court at night.

More / better barbecue facilities (3)

More barbecues. They are too crowded and people make a big mess with portable wood / charcoal fires.

Better barbecue facilities for patrons.

More barbecue facilities.

Improve grass (3)

New grass to get rid of weeds and bindis.

Better lawn

Maintain grass more regularly.

Covered area (3)

An undercover large shed like Connells Park where children’s parties could be held.

A covered gazebo.

Undercover area

Remove the basketball court (2)

Patrol the park at night (2) More patrolling and policing of the park is required.

More security is needed. We can’t sleep at night.

Clear weeds from bushland (2)

The eastern side bushland should be cleared of weeds and tidied.

The bushland area should be cleared of weeds, and kept clear of weeds, to allow the trees to flourish. This would encourage families to use this part for minor bushwalking. As it is, people are not encouraged to walk through the area.

Tree maintenance (2)

More frequent maintenance. Cutting of overhanging and dead branches.

Regularly prune and deadwood trees.

More seating (2)

More seating near the water

More seating in the park

Better boat ramp (2)

Install a proper operational boat ramp.

More plantings (2)

Plant trees adjacent to houses bordering the park.

Other comments

Some shade over tables and seats.

Update correct spelling on Connells Point Sailing Club

Netting to reinstate the swimming area.

More lighting at night.

Illumination of the carpark area at Kyle Parade to assist undesirable activities to park and property – reduce noise disturbance.

Lights should not light up the basketball court at night, because rowdy kids and teenagers play at night and even at midnight.

Soccer goals and cricket nets to be added at the end of the park.

More playground equipment for young children

Maintenance program for existing features

Bike track for kids

Groups of youths congregate around the toilet block late at night. They climb over the locked gates due to the gap between the top of the gates and the ceiling. The gate needs to go from the ground to the ceiling of the toilet block.

The park being a public open space attracts people in cars late at night. Loud music and voices, revving of cars, screeching of tyres, speeding occur regularly. This behaviour has been removed from the area in front of the sailing club and boat ramp with the locking of the gate at night. However this has now moved to the grassed parking area adjoining Kyle Parade. Traffic calming



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devices or another method needs to be implemented to reduce the attractiveness of the area after dark.

New landscaped pathways around the foreshore.

Provide dog mitten bags for collecting poo.

Clean the sand regularly, as needles have been found.

Upgrade the playground safety flooring.

Newer playground equipment.

Change the seating because it is ugly and uncomfortable, or at least make all seating the same.

Supervision of unleashed dogs and excreta. Regular inspection on dog transgressions, particularly on weekends, mornings and evenings. Regular advertising of dog penalties. There have been very dangerous attacks and defiance by owners.

Considering Council spent a lot of money on the toilets and people come to clean most weeks, they are dirty. I’ve been in them minutes after the Council cleaner has cleaned them, and must have just replaced the toilet paper – that’s it.

Pretty the park up like the park at Kogarah Bay. New sandstone, plants and maintain and clear bushlands.

Construct a bike track.

Repair the sea wall.

Clear waterway near the stormwater outlet. Remove rocks and debris in shallow water to allow clear access to waterway.

Provision of a spillway or main stormwater outlet.

Less trees

Regular maintenance

Exercise group not to begin before 7am.

Deaden the noise on the basketball court.

4 What uses and activities should be allowed in the park?

Present uses and activities (13) Present situation is OK. Current activities. Current activities are good. General use as currently used. As is. As it is now – no more! As is – barbecues and family functions. Why not leave Donnelly Park as it is.

The park should be left as open areas so families can enjoy it. Have barbecues and let children run around.

All within reason and limited hours.

Unregimented

Any activity should not limit the activity of sailing club or Scouts. The current use of activities suit the neighbourhood.

Sport (12)

Sporting activities are important

Sports training not including bat and ball

Non-intrusive sporting behaviour

Organised team sports during daylight hours

Ball sports

Soccer training only

Football (2)

Soccer (2)

Sports training

Passive family recreation (10)

Family activities

The park should be kept as was originally intended for passive family recreation. When it was originally developed, this is how it was seen.

Full recreation area for children and adults.

Recreation

Picnics (9)

Sailing (7)

Activities associated with sailing



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Exercise (6)

Outdoor fitness (Step Into Life)

Exercise group

Fitness training

Barbecues (4)

Bike riding (3)

Ball games /activities (3)

Scouts (3)

Boating activities (2)

Other activities

Any games children like to play on grass. I do not have a grassed back yard.

Training

Kayaking

Yoga

Relaxation

Birthday parties

Social

Tai chi

Any that are not too noisy

Any use so long as it is considered on its merits and gets DA approval

5 What uses and activities should not be allowed in the park? Why?

As is.

There is a time for most activities.

Sporting competitions (10) Sports competitions which will destroy the ambience of the park, and create noise, rubbish and balls over fences. Formal team sports of a highly competitive nature Any organised sporting activity that attracts large crowds. Organized team games Organized ball games

Hard ball games (4) Cricket balls may be a worry Contact ball sports (3) Football style games Bat and ball games (2) Bat and ball games Large scale bat and ball activities Dogs not on a leash (6) Walking dogs not on a leash - not under full control. Dogs should be kept on a leash and dog droppings should be collected by owners. Please erect a sign. Golf practice (5) Danger of being hit by stray balls. Damages the grass. Too dangerous given the wide use of the whole area by families. Commercial activities (2) No commercialisation of the park. Noisy activities (2) Noisy gatherings Sailing (2) Limit use of the sailing club Sailing club should keep to the area between the club and the water. Fireworks (2) Other activities Smoking – bad for the environment and children. Use after sunset and before sunrise as this causes huge problems with residents as far as noise. Basketball, because of the noise intrusion of bouncing balls on ground, backboard and ring. Anti-social behaviour that



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accompanies the players, including loud and foul language, and the times the area is used falling between 10pm and 6am and can continue for 2 or more hours. Basketball games after sunset as it is very loud to neighbouring properties. Wild parties Bike riding – dangerous to walkers Entry of vehicles after dark – unsafe and noisy. Large activities on weekends. Boat ramp Mini-bikes Scooters

6 Are there any issues with use of the park that affect you as a resident?

All uses of the park affect residents.

All use of the park affects me as a resident, but I appreciate the great resource it is for the community.

Noise from people congregating in parking area (6)

Noise every night from young people congregating in cars.

Congregation of vehicles and youths in the evenings causing noise pollution.

Noise from cars parked / driving especially at night.

The parking area has become a hangout for young louts at night binge drinking and disturbing the peace. The police are not deterring them from coming back regularly at night.

Many youths use the asphalt area in front of the boat shed to “burn out” or do doughnuts. When the gate is closed they transfer to the verge and continue.

Dramatic increase in hoon behaviour on the Kyle Parade verge between the bus shelter and opposite Tawarri Crescent. The pub closes and the alcohol-affected patrons arrive in up to 15 cars and congregate from 11pm to 3 am with loud offensive language, further drinking, sometimes drugs, sexual activities, doing burnouts in their cars, and rubbish including condoms being left all over

the ground. This happens every night during the week. Often the Police are called, but without much immediacy due to the demands of their other responsibilities.

Use of the basketball court at night (5)

Youths using the park very late at night 11pm to 2-3am causing huge noise pollution problems. There is a sign next to the basketball court from the General Manager of Kogarah Council stating that there should be no basketball playing after sunset. This is continuously a huge problem for those of us who back on to the park. We regularly call Hurstville police but the problem (playing basketball, drinking, speeding, screeching with cars etc.) is not improving and is driving us all crazy. Please help us with this ongoing problem. Our suggestion is to block the park lights or to turn off the lights that light up the basketball court at night. The pounding of a basketball, screaming, yelling, drinking, swearing, drugs etc. at 11pm, 12 midnight and beyond is very difficult for use to live with night after night. More patrolling and policing of the park is required.

Sound from the park carries to houses in close proximity due to the surrounding landform that provides an amphitheatre effect. The basketball court has been used late at night (up to 2 and 3am) with the constant thud of ball hitting concrete and backboard reverberating through the stillness of the night. This, accompanied with loud music and foul language does not allow for a good night’s sleep. Possible solutions are to remove or reposition lighting so it does not illuminate the court at night, or remove the court altogether.

Use of the basketball net after sunset.

Previous problems at night. However with the gate locked and regular police patrols, this is no longer a problem and should be maintained.

Littering (3)

People eat and discard rubbish beside cars.

I pick up bottles from the west side of the park.



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Noise – general (2)

Noise - Exercise groups (2)

Start at 6.15-6.30am

Other use issues

Vandalism, but that does not directly affect me.

Sporting balls coming into our yard.

It can get very busy on weekends.

Sporting events were here 20 years ago. The noise was unbearable. Kids jumping fences to get balls was annoying. Thats why Poulton Park was upgraded.

Uncontrolled dogs. Insufficient enforcement of dog excreta laws.

Council’s restrictions on use.

Security – ensure gates are locked.

I have been hit by falling branches.

The boat ramp is overtaken by the sailing club on weekends and used exclusively by them to park over the turning area and not allowing public use.

7 What are your thoughts about these suggestions for use of the park?:

A Sports training on the flat grassed area on afternoons during the week

Agree 41

Why?

Good for community health.

Good for fitness.

Provides outdoor exercise for local residents.

They have to go somewhere. Flats result in population increase.

Small numbers as is now are OK.

Small and informally arranged only.

Only if numbers of players are kept small and kept to the western end.

OK if noise can be controlled.

Supervised training only

Useful to local football teams, and not too intrusive.

OK during the week only, not weekends.

On certain days we are part of the local soccer club.

During daylight hours I train my son’s soccer team there.

I have had no trouble with the junior children playing soccer of an afternoon. The gentleman who trains them keeps them away from the fence and is very good with them helping them to learn their chosen sport.

The park is for all.

If noise is kept down to background noise.

Disagree 1

Why?

Noise

Lack of privacy

B Sports training on the flat grassed area in the evenings during the week. This option will require floodlighting.

Agree 16

Why?

Good to see the park being used.

With a time limit of 8pm

Limit on time used. Say lights out by 9pm.

No large floodlighting

Disagree 25

Why?

This will upset people living adjacent to the park and lead to more restrictions in the long term.

Light and noise.

Noise

Too much activity and noise.



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Noise and inconvenience

Lights are not required in a small area.

Floodlighting would be an invasion on peoples’ privacy (2)

This is not what this park has been traditionally used for, and could pose serious problems for nearby residents.

Against floodlights – will ruin the tranquility.

Our living area faces the park as does our main bedroom. Use of floodlights and the associated noise pollution in the evenings would totally destroy the tranquility and peacefulness of the area.

Disturbs quiet enjoyment of adjoining residences, and particularly the aged and sick.

Potential for drugs.

Floodlighting will intrude into surrounding houses.

Noise (2)

Excessive noise carries.

Additional noise and youth gatherings.

Inconvenient for local residents.

Adjacent homes will be affected.

Too costly and noisy

This will make the park extremely busy and loud, causing disruption to local residents bordering the park. Before purchasing our house we enquired if there were any plans for lighting in Donnelly Park. We were told of no plans to do so.

I thought we were supposed to limit our use of electricity.

The lights will be left on at cost and glaring into homes backing on to the park.

C Sports competition on the flat grassed area on weekend days.

Agree 23

Why?

As long as there is some for the public to use.

Only on a small and informal nature.


Good to see the park being used.

Providing it does not interfere with sailing.

Up to 10 year age for the available area, parking limited on Saturday to 11.30am as the area is used for sailing club activities from 11.30 to 5pm.

If limited in numbers and noise.

Disagree 17

Why?

This opposes passive recreation.

This will cause too much traffic and parking problems.

Noise problems (2)

Already busy most weekends with picnics and sailing.

Insufficient parking.

This would restrict local resident use of the park.

Privacy

Parking / infrastructure

It would ruin the grass.

One of a very few riverside parks – don’t spoil it.

Will bring too many people to the area -> overcrowded.

Too noisy, too disruptive, for people and families picnicking in the park. It would be too crowded and noisy.

Could cause damage to sailing boat rigging and equipment on Saturdays.

Traffic congestion and erosion of soil too quickly.

It would attract too many people to the park.



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D Training / competition for bat and ball sports: e.g. cricket, softball, baseball

Agree 15

Why?

Good for fitness.

Supervised during daylight hours only, provided that it does not take over the park and monopolise all the space.

As long as there is some space for the public to use.

Training is OK. Cricket no.

At the western end of the park away from the playground area during the hours of 10am to 4pm Saturday and Sunday.

Only if at the end of the park away from the playground equipment.

Disagree 26

Why?

This would destroy the park’s present usage.

Houses and the boat shed are too close


Too dangerous for young children and others who use the park.

The park is too small for bat and ball sports.

Flying projectiles

Flying objects

These activities have a high hit rate.

Danger to people, particularly children and picnic groups. Injury to the aged, sick and children.

Element of danger to other users of the park -> insurance claims.



Noise

Privacy

Balls over fences and potential property damage

Balls would end up in private property.




Could cause damage to surrounding property.

Too dangerous, balls constantly going over fences for houses backing on to the park.

Venue not large enough

Not large enough. Required nets would affect park amenity.

The size of the field is too small.

Overuse of area by all schools and clubs.

There are too many properties bordering the park that would make hard ball games dangerous.

Donnelly Park is not large enough to have any of the sports mentioned in ‘d’ of the questionnaire. Remember, we live here and should not have to put up with people jumping over fences after balls. I had 12 palings / ?? off the ??.

E Training / competition for contact ball sports: e.g. soccer, rugby league/union

Agree 24

Why?

Good for fitness.

Supervised during daylight hours only.

Within reason

Training OK (2)

The ball can be contained.

At child level.

If the ball is kept close to the players.



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At the western end of the park away from the playground area during the hours of 10am to 4pm Saturday and Sunday.

Limited numbers. Juniors only.

Disagree 16

Why?

This would destroy the park’s present usage.


Training OK. Not enough area for spectators etc. for games

Danger to occupants of the park, particularly children. Small informal activities only.


Training only



Could cause damage to surrounding property.




Noise

Privacy

Overuse of the area by all schools and clubs

Enjoy the park not being too crowded.

Donnelly Park is not large enough to have any of the sports mentioned in ‘e’ of the questionnaire. Remember, we live here and should not have to put up with people jumping over fences after balls. I had 12 palings / ?? off the ??.

F Circuit walking path

Agree 30

Why?

Keeps children off roads and is great for exercise and fitness. For bikes too.

Good for older people.


General health and rehabilitation.

All parks should have some path or track with two painted areas – green for walkers, yellow paint for bike riders.

Clean, useful and not overcrowded and noisy.

Because the grass does not get cut regularly, and there is a lot of dog faces in the grass.

Can be used by more residents.

Minimal impact

If it is a hard surface all-weather track (bitumen)

Disagree 13

Why?

It may encourage motorised bikes, excessive noise and loutish behaviour. Safety concerns for children and those on foot using the park.

It is not necessary. The area is well drained.

It is not necessary. People can walk around the edge.

Not necessary. Would necessitate edges to be maintained, and would encourage motorised bikes to be ridden. We already have unregistered bikes in the park.

It is not necessary. Will cause overuse of the park.

People use it as it is.






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There is one at Moore Park.

Fail to see why when grass is better.

Council funds could be spent on other projects.

There is a track on the Kyle Parade end of the park.

No need if grass is cut.

G Fitness track

Agree 24

Why?


Encourage good health and wellbeing.

With careful design it could be accommodated in the limited area.

As long as some grassed area is left to kick a ball.

Can be used by more residents.

Disagree 13

Why?

Not in the interests of passive recreation.

It is not necessary. Will cause overuse of the park.

Not necessary because of the area’s size.

Impractical. Not large enough for the area available. Will reduce use of open ground area for other sports and be too close to surrounding houses.

Equipment never seems to be used.




There is one at Moore Park.

There is a track on the Kyle Parade end of the park.

Path not required.

Maintenance cost extra.

Would invite motorised scooters and bikes.

No need if grass is cut.

8 Do you have any other comments about Donnelly Park?

The park was originally developed for passive recreation, picnicking, swimming, and should be kept so (except perhaps swimming).

I think it is a pleasing area as it is.

Leave it as it is. We need open space.

It’s a beautiful park.

Lovely place to live, especially when you back on to the park.

Keep it clean and safe.

Please treat this as a riverside oval and not a sports oval.

If Council needs sporting venues it should look at Poulton Park or Moore Park, where houses are not directly adjoining the park. Most people arrive by cars so an extra 3 minute drive is nothing. Will Council pay for the vandalism and other property damage if this goes forward? Will Council compensate residents for noise and lack of privacy and devaluation of property?

The eastern bushland edge was kept as a native bushland, and was largely weed free. It was used for many years by local children as a natural bush region, together with the swimming pool which is no longer there.

I love it.

The place referred to is the Kyle William Reserve. The area in question is a deeded gift from the Kyle Williams family. Donnelly Park is a small area where the river ?? was in years past. The grant was for a recreational area in perpetuity. Why do Councils have to place so many restrictions on the use of these areas? Every park we have has limited use.

I have enjoyed the park and facilities with my children over the last 10 years, and am very happy with it to date.



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Fine.

It is one of the better maintained parks in our area.

We have seen the park take shape since 1963, and we were told the area would remain a parkland for all to enjoy. Then came the time for ??, soccer, skateboard. The latter was great – we had ýahoos’ until 1-2 and in the morning at times. Let us be realistic. Why not have the park as it is. Please remember the residents in this area who pay their rates and taxes and have to endure your decision.

Basketball area should be by location for day use only, not illuminated as is inviting night use and avoidable inconvenience.

The adjoining reserve should be better kept, and residents could use it for walking etc.

The input to Council is from people that live near the park, but not the users of the park. Instead of restrictions on park use, Council should consider use as a Development Application that is considered on its own positives and negatives. Users of the park are not just the neighbours.

One iron bar has been removed from the toilet block. I reported it 10 days ago and it is still missing.

It’s a very popular and often-used park.



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APPENDIX E SUBMISSIONS FROM PUBLIC EXHIBITION The draft Plan of Management for Donnelly Park was placed on public exhibition for comment for 42 days from 12 December 2008 as required under the Local Government Act 1993. This public exhibition period also includes the 28 days required for draft Plans of Management under the Crown Lands Act 1989. Notification of the public exhibition was placed in the St George Leader on 11 December 2008, and in the NSW Government Gazette. The Draft Plan of Management was on display at Council’s Customer Service Centre and libraries, and on Council’s website. Five submissions were received as a result of the public exhibition. The issues outlined in Table E.1 have been considered, and where appropriate amendments have been made to the plan. Council’s response to the submission has been included in Table E.1 in italics in the ‘Comments’ column of the table. Further, reference should be made to Appendix G ‘Amendments to the Donnelly Park Plan of Management’.



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Table E.1 Summary of Submissions to the Public Exhibition of the Draft Donnelly Park Plan of Management

Priority Proposed Action

Sub- mission

nos.

Support Objections


2, 5 Agree with relocating the light at the basketball court. Relocation of the light should be a top priority. The light shining on the basketball court needs to be moved from the other side of the court, and make it one way shining onto the back fences of the houses in Loch Maree Crescent to give them security but afford the neighbours peace since no light shines on the court.

-


2 - Needs further investigation. Lighting at Kyle Parade should not adversely affect surrounding residents.

Prepare a Landscape Master Plan for the park, including landscape design guidelines.

2 Residents want to be consulted on the preparation of the detailed Landscape Master Plan, including more detail on the type, position and number of trees to be planted.

-

Replace the playground equipment and softfall.

2 No objection to replacing playground equipment.

-

Construct a children’s bike track around the playground.

2, 5 A toddlers’ bike track around the picnic area would be beneficial. The children’s bike track around the playground equipment is a good idea.

-



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Priority Proposed

Action Sub-

mission nos.

Support Objections

1 cont.

Install new barbecue equipment and picnic settings, and remove the existing settings.

2, 5 Replacing barbecue equipment and picnic settings is a good idea when necessary. Repair or renew picnic furniture and gas barbecues as required.

Covered shelters are unnecessary and may be graffitied.

Install paved accessible pathways linking the picnic and play area, carpark, Kyle Parade, toilets, the jetty and the waterfront.

2, 5 A path to the toilet block would be appropriate. Installation of paved accessible pathways would be beneficial.

-

Pave the apron between the boat ramps and the community buildings.

1, 2, 5 Paving on the water side of the sailing club is a good idea because grass does not grow there. Paving should allow grass to grow between the paving units.

This area is currently grassed and is part of the rigging area used by the sailing club. If the seat shelter is moved to the more suitable picnic area, the need for the wider paved area is eliminated. The paving could be reduced to a pedestrian pathway directly behind the sea wall.

Establish a shared pedestrian-vehicle zone at the vehicle entry to the park.

2 Re-design of the shared pedestrian vehicle zone at the park entry is a good idea.

-

Prepare an Asset Management and Maintenance Plan for the park.

2 The Asset Management and Maintenance Plan is a compulsory requirement.

-



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Priority Proposed

Action Sub-

mission nos.

Support Objections

2 Construct a walking / exercise track around the perimeter of the park.

1, 2, 3, 4 - The proposed bike track will reduce residents’ privacy and allow ‘undesirables’ a fast exit. Relocate the bike track away from the houses. A bike track close to a private access drive would encourage public use to access Connells Point. The bike track should not loop around the western end, but a loop on the water’s edge and joining the track to the east would be suitable alternatives. Change the setback distance between property boundaries and the bike track to 20 metres to preserve the present nature of the park. A section of pathway traverses an area required for rigging, and creates conflict between pedestrians and boats being rigged. There is a risk of injury from swinging booms and overturning boats in strong winds. A clear area of 5 to 10 metres free of boats would need to be maintained either side of the path, reducing the area for rigging and not preventing danger to pathway users. Eliminate this section of the pathway. An extensive perimeter pathway system would still remain behind the sea wall and the pedestrian pathway along Kyle Parade. If the pathway is in place, the sailing club cannot be responsible for injuries to pedestrians. Against under all circumstances.

Install seating along the foreshore and perimeter path.

2 - Against under all circumstances.



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Priority Proposed

Action Sub-

mission nos.

Support Objections

2 cont.

Install solar lighting along the foreshore.

2 - Against under all circumstances.

Plant shade and landmark trees along the foreshore.

1, 2, 4, 5 - Against under all circumstances. No new trees, which will block residents’ views and upset residents. Planting of any further large trees close to boundaries will block views from adjoining property. Planting of large shade trees creates a dark area close to our boundaries for people to gather at night a long distance from police access at the park entry. Heavily planted areas of shade trees will adversely affect the value of my property.

Plant locally indigenous shade trees in the picnic, barbecue and playground area.

2, 4, 5 Acceptable when needed to replace a dead, diseased or dangerous tree.

No new trees, which will block residents’ views and upset residents.

Establish a small picnic area between the foreshore and the toilets.

2 The small picnic area near the toilets would be acceptable.

-

Replace the sea wall with an environmentally friendly rock batter and saltmarsh planting.

1, 2, 3, 5 - The existing sea wall is attractive and affords better protection from king tides. It would be more economical for Council to maintain the existing wall consistent with requirements rather than construct a new wall. The proposed rock type groyne sea wall is overbearing and not natural for a local park with a sandy beach. The beach should be preserved and naturally reinstated while enabling public access.



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Priority Proposed

Action Sub-

mission nos.

Support Objections

2 Cont.

Replace the sea wall with an environmentally friendly rock batter and saltmarsh planting. (cont.)

The rock batter wall will lead to accumulation of rubbish after storms which will not be easily removed. Repair and replacement where required of the existing sandstone wall is more appropriate. Opposed to a treatment similar to Claydon Reserve to replace the sea wall along the western water frontage at Donnelly Park. Following periods of heavy rain in the upstream river catchment, particularly associated with southerly winds, accumulated rubbish is washed against the sea wall over its full length. This accumulation of rubbish can form a barrier to boats entering the water, and take club members some hours to clear the debris by hand from the boat ramp area. Rubbish can be cleared in a short time using machinery. If the rock batter / planting alternative was in place, the whole frontage would have to be cleared by hand, taking a long time and at great expense. The rock batters would be dangerous to boats returning to shore, particularly in a southerly breeze, because sailors could only approach the shore immediately in front of the boat ramps. Otherwise there is a risk of severe damage to boats and injury to crew members resulting from difficulty in judging where submerged are, and from withdrawing centerboards earlier and being blown sideways on to the rocks. The sand strip along the base of the sea wall is a safe place for children to play when the tide is not at full height. The rock batter would render the frontage unsafe for children to use. The seawall alternative takes up considerably less open space and foreshore area. The rock batter / saltmarsh planting treatment is out of scale with the Donnelly Park area.



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Priority Proposed

Action Sub-

mission nos.

Support Objections

2 Cont.

Construct new stairs to access the water.

2 - Replacement of the steps with non-slip ramps would be more advantageous.

Lay new turf adjacent to the waterfront.

2 - New turf at the waterfront would not be a success. An alternative surface resistant to salt water and pedestrian traffic would be more practical.

Continue maintenance and regeneration of the bushland.

2 Regeneration of the bushland is a good idea.

-

Prepare a Water Management Plan. 2 A Water Management Plan is a good idea.

-

Install directional and regulatory signage.

2 ‘No Standing’, ‘Parallel Parking Permitted’ and ‘No Golf, Fireworks or Motorised Scooters’ and signs stating permissible hours for exercise groups should be erected in specified areas. Such signs have been removed, faded or been vandalised. Signage should be a top priority.

-

3 Install fitness equipment at small exercise stations around the walking track.

2 - One fitness station near the toilet block should be installed rather than several small exercise stations around the playing field.

Close unused paths in the bushland, amalgamate paths not required.

2 Agree with closing the unused paths in bushland area.

-



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Priority Proposed

Action Sub-

mission nos.

Support Objections

3 (cont.)

Reconfigure and rationalise carpark areas adjacent to the sailing club.

2 Parking should be parallel only with no ground taken from the playground area. This would provide a safer environment with vehicles using the access road to the boat ramp and children in the vicinity.

-

Formalise the edge to the garden bed east of the Sea Scouts building.

2 Formalising the garden edge is satisfactory.

-

Replace the log barrier rails to the carpark with a more aesthetic vehicle barrier.

2 Replacing the existing log barriers is a good idea.

-

Survey the park to establish encroachments.

2 Survey of park boundary for encroachments is appropriate.

-

Other issues raised

Proposed boat rigging area 1, 4 - The sailing club rigging area seems to be a large area, and could be relocated to the east side of the club house. The proposed area is dangerous, encouraging sailors to cross a public boat and trailer turning circle behind reversing cars. Moving the rigging area would allow the general public fairer use of the ramp which is used on Saturdays by a single group. The proposed rigging areas shown on the plan should be larger to accommodate inter-club events, championships and regattas.



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Priority Proposed

Action Sub-

mission nos.

Support Objections

Seating shelter and landmark planting between the rigging area and sea wall, and the rigging area south of the Sea Scouts building

1 - The proposed locations for the seating shelter and landmark planting are within the areas used for rigging of sailing craft. The seating shelter that would attract picnic users with children would conflict with rigging and unrigging, possibly causing injury in strong winds from swinging booms and boats overturning. When mature, branches of the landmark tree could damage sails in strong winds. The seat shelter would better located closer to the barbecue and playground areas more likely to be used by picnickers.

Retention of the existing gated entrance to the large open space area located off the south-west corner of the carpark / turning area to allow boat access to the rigging area and from the rigging area to the boat ramp.

1 Boats are moved between rigging areas and the boat ramp through the gates. The gates are essential to sailing operations. The gates are kept locked except when in use, with the sailing club and Council having keys.

-

Proposed fitness area 4 The fitness area seems to be a large area.

Pedestrian accessway 3, 4 Amend the Plan to note that access on the west side between properties is a private access way only for the benefit of people in the subdivision.

Acid sulfate soils 3 Acid sulfate soils should not be disturbed.



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APPENDIX F PUBLIC HEARING REPORT

REPORT ON THE PUBLIC MEETING TO CONSIDER THE DRAFT PLAN OF MANAGEMENT TO CATEGORISE

COMMUNITY LAND DONNELLY PARK

PLAN OF MANAGEMENT

Contents: 1. Introduction 2. Background materials 3. Purpose of this report 4. Author of this report 5. The land that forms Donnelly Park 6. Community land components 7. Assignment of Land Category 8. General Comments 9. Summary 1.Introduction At the public hearing which took place at the Carss Park Livesaving Hall, on 11th

February, 2009 a document explaining the purpose of the public hearing was

available to members of the public who attended that meeting. Fundamentally, it is

an opportunity for members of the public to voice their opinions on the Draft Plan of

Management in an open public forum.

2. Background materials

In preparing this report, the following were taken into consideration:

1. Public Exhibition Draft Plan of Management Donnelly Park Plan of Management

(the Draft Plan). This document is available on the Council's web site. Appendix

F in that report anticipates this report so that this report will become a part of that

document before it becomes a final Plan of Management.

2. Donnelly Park Community Survey which comprised 44 registered returns.



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3. Appendix D and E being summaries of comments from building users and

residents and submissions from public exhibition.

4. Written representations from:

• Connells Point Sailing Club

• Kerrie Bible of 160C Terry Street, Connells Point

• Gilbert Cordingley of 166 Terry Street, Connell’s Point

• Mr G J Cordingley of 162 Terry Street, Connells Point

5. Oral participation at the Public Hearing by:

� Scott Cordingley 164, 162(b) Terry Street, Connell’s Point

� Gilbert Cordingley 166 Terry Street, Connell’s Point

� Paulette & Peter McFarland 9 Loch Maree Cr, Kyle Bay

� John McCathie 159 Terry Street, Connells Point

� John Bennett 297B Connells Point Road, Connells Point (President C.P.

sailing Club)

� Phillip Buist 10 Loch Maree Cres, Connells Point

� Ron Lloyd 11 Loch Maree Cr, Connells Point

� David Carocoglia 160D Terry Street, Connells Point

� Tony Marafias 12 Loch Maree Crescent, Connells Point

� Stephen Bible 260C Terry Street, Connells Point

� Kerrie Bible 160C Terry Street, Connells Point.

3. Purpose of this report

This report is intended to assist the Councillors in making their decision on how

Donnelly Park is to be used in the future.

It is a report back to the Councillors on the feelings of people who attended the public

hearing.

4. Author of this report

This report has been prepared by Michael McMahon who is a solicitor with specialist

accreditation by the Law Society in Local Government and Town Planning. He is



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completely independent of Kogarah Council and he has been given freedom on the

preparation of this report. He has visited the park and the surrounding area. He also

participated in the earlier public hearing into the Draft Plan of Management to

categorise the use of the building within this park.

5. The land that forms Donnelly Park Reserve

Figure 2.3 on page 10 demonstrates the relationship between the Crown Land

component (approximately 20%) being the land that was reclaimed from Connells

Bay and the eighteen allotments that make up the rest of the park. The technical

details of the titles are shown at Table 2.2 on page 11. The photograph with the title

boundaries shown on it explains how those titles fit together to make up Donnelly

Park Reserve (the land).

6. Community land components.

The general location of the land that forms the basis of this Draft Plan of

Management is shown in Figures 2.1 and 2.2.

Carparking facilities servicing both buildings and the adjoining open space have been

constructed to the west of the buildings and a sea wall has been constructed around

the bay to separate the seawater from the open space areas that adjoin these

buildings.

7. Assignment of Land Category

The Draft Plan of Management was prepared after consultations and the collation of

comments from building users and residents, the results of which are set out in

Appendix D and E on pages 81-93. In the Executive Summary it is noted that the

principal recommendations are to continue the existing activities within the buildings

and implement changes set out in an action plan chart on page 1. There was

general compatibility between the neighbours and the people who use the park for

active recreation, generally the sailing fraternity. There was a general agreement

that the park works well as it is.



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8. General Comments

Much of the work involving community consultation had already taken place and

there was a universal response to certain parts of the proposals in the chart on page

1 during the public hearing.

The proposed construction of a walking/exercise track around the perimeter of the

park, being the first item on Priority 2 was opposed. The feeling was that the grass

already provides a surface for informal walking/exercise and a formal path would

change the character of the park by providing a facility for motorized bikes and other

forms of more vigorous activities. The proximity of the path was also opposed,

particularly where it was close to nearby houses.

The second main objection related to the planting of trees. The open feeling of the

park was one of the main attractions of the place and the neighbours were concerned

about view losses and the presence of trees reduced surveillance opportunities

which promoted undesirable activities.

Individual comments:

1. Minimise lighting to basketball courts because rowdy kids and teenagers play

late into the night.

2. Repair the sea wall and do not replace the sea wall with “an environmentally

friendly rock batter and saltmarsh planting”. The removal of litter is relatively

easy with the sea wall in its present configuration whereas a rock batter is very

difficult to keep free of litter.

3. Keep trees to a minimum as the park at present is one of the few parks in the

area that is capable of being used by emergency helicopters.

4. If additional trees are intended to be planted then that should only be after

detailed neighbour participation.

5. Although not part of this exercise the dredging of the bay could be considered

to maintain the jetty in its present shape and position.

6. Also not part of this Plan of Management the bus shelter and the clothing bin

need attention.

7. The park is great the way it is and perhaps more seats near the water would

be well used. Upgrading the bar be que would be welcomed, but increasing

the intensity of the use of the park was not supported.



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9. Summary

The Donnelly Park Buildings Draft Plan of Management generally suitable for

adoption as it appropriately categorises the land as Park, Natural Area – Bushland

and Natural Area – Foreshore as shown in Figure 3.1 on page 18. (The General

Community Use part shown in red was categorised in the Donnelly Park Buildings

Plan of Management).

The proposed actions on page 1 in the Executive Summary are generally

appropriate, subject to the deletion of the walking/exercise track and further public

consultation concerning a landscape plan which should show the species and

possible placement of trees before being implemented.

Michael McMahon

17th February, 2009.



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109

APPENDIX G AMENDMENTS TO THE PLAN OF MANAGEMENT The amendments listed in Table G.1 do not include minor changes that did not result in a change of intent relative to the issue or recommendation where such a change occurred. These amendments have been entered into the relevant sections of this document. The appropriate section(s) in the plan where the amendments below have been entered into the final plan are indicated in Table G.1 in the column ‘Reference Section’. Table G.1 Amendments to the Donnelly Park Plan of Management Item Action / strategy

proposed in Draft Plan Amendment Reference

Section 1 A designated area on the

western portion of the park to be set aside for boat rigging.

Increase the designated area for boat rigging on the western portion of the park to make provision for inter-club sailing events.

Landscape plan

2 A designated area on the eastern portion of the park to be set aside for boat rigging.

Make provision for boat rigging on the eastern portion of Donnelly Park. Relocate the landmark tree from the boat rigging area in the eastern portion of the park to clear the rigging area. Ensure proposed picnic facilities are not located in close proximity to the rigging area.

Landscape plan

3 Access into the parkland. Retain the gate entry off the car park area to the eastern and western portions of the park.

Table 5.1

4 Landmark planting and seating shelter at the head of the carpark.

The landmark tree to be located next to the seated shelter should not be a species whose canopy would not unreasonably extend into the designated rigging and boat launching area.

Landscape plan

5 Close and link the southern portion of the exercise pathway to the northern section by a pathway through the centre of the park.

The Sailing Club to be issued a licence to close and signpost this section of the public pathway when using the rigging area as well as their use of the rigging areas.

Section 4.2

6 Pave the area in front of the Sailing Club and Sea Scout hall.

Reduce the proposed paved area east of the proposed new steps behind the sea wall.

Landscape plan

7 Figure B.1 shows an incorrect public pedestrian access point.

Delete ‘Pedestrian Access’ between private properties 160 and 160D Terry Street, Connells Point

Figure B.1 Site Assessment

8 Construct a tiered sea wall.

As part of the design phase for the seawall, engage in public consultation before finalising a preferred design.

Table 9.2



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