Here is the latest update from the cotteslor council.

Jonathan Keys

KITE SURFING - COTTESLOE BEACHES
File No: E2.2
Author: Mr Alan Lamb
Author Disclosure of Interest: Nil
Report Date: 14 June, 2004
Senior Officer: Mr Stephen Tindale
SUMMARY
The purpose of this report is to put before Council the application from the Western Australian Kitesurfing Association Inc (WAKSA) to operate kitesurfing from the beach area rear Rosendo Street.
STATUTORY ENVIRONMENT
Beach and Beach Reserves Local Law applies. Clause 10 deals with restrictions that apply to the use of “Watercraft” and 10.6 under provides:

10.6 Other than as provided in Local Laws 10.1-10.5 inclusive, all sail and motor craft, including personal watercraft, are not permitted within a distance of two hundred metres from the low tide mark as measured at ordinary spring tides, except with the written approval of Council.

10.1 and 10.5 read as follows:
10.1 Surf life saving craft, used in their capacity as training and competition Boats of a Life Saving Club, are permitted at both Cottesloe Beach and North Cottesloe Beach within areas set by the council from time to time.
10.2 Motorised surf life saving boats being used for water rescue by a Surf Life Saving Club or authorised person are permitted in the defined Area.
10.3 Subject to Local Law 10.4 below surf skis may be used at all beaches.
10.4 Surf skis may only be used at Cottesloe Beach and North Cottesloe Beach within an area from time to time designated by the council and only for the purposes of entering and leaving the beach to a distance of one hundred metres seaward from the low water mark as measured at ordinary spring tides.
10.5 Sailing craft and sail boards are not permitted within two hundred metres from the low tide mark at any point between the Cottesloe Groyne and the northern boundary of the North Cottesloe Surf Life Saving Club building and may only be launched south of the Cottesloe groyne or north of the North Cottesloe Surf Life Saving Club building.

The local law provides the following applicable definitions:
“Watercraft” means any bathing appliance or boat as defined above.
“Bathing Appliances” means a float of any material, including surf skis, surf boards, kickboards, malibu boards, paddle boards, body boards, boats or any other device whether motorised or not, used or capable of use for bathing or surf riding;
“Boat” means any structure or vessel whether propelled manually or by the wind or power or wave, used to float and travel upon or above the water;

The local law also provides that surfboarding is permitted south of the Cottesloe Beach Groyne at all times (6.10).
POLICY IMPLICATIONS
Beach policy has application.
STRATEGIC IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
Nil.
BACKGROUND
A letter of complaint was received about the growing number of kite surfers using the beach opposite Deane Street. The writer noted the increasing numbers of kite surfers, the potential dangers and that kites had been blown across Marine Parade and had landed on the roof of their property resulting in people entering their property and climbing on the house to retrieve them.

The writer also complained that Council appeared to be encouraging this activity with the proposed beach access way that was reported in the Post newspaper as being constructed for the kitesurfers. Cottesloe Coast Care has applied for funding to construct a well defined walk way at this beach to protect the dunes as it has done at a number of locations in Cottesloe. The project was prompted by the growing number of users of that beach and the need to protect the dunes.

In investigating the complaint it was found that the activity of kitesurfing without Council approval was contrary to Council’s Beach and Beach Reserves Local Law without Council approval. Representatives of WAKSA were advised of the constraints of Council’s local law and they now seek approval under that local law.
CONSULTATION
Apart from discussions with officers of Council, the matter has been discussed with representatives of WAKSA.
STAFF COMMENT
After receiving information from WAKSA that its members are covered by its public liability policy the CEO has allowed the activity to continue pending the outcome of this application. WAKSA has moved its members south along the beach to opposite Rosendo Street and has instituted a number of safety measures which include restricting all kite rigging north of Rosendo Street and designating 10 of its members to oversee this, signage, and three designated safety marshals for Cottesloe.

Council has a number of options available to it that range from enforcing the local law to giving approval. The former might be difficult in practice given that Council’s rangers are land based and the bulk of the activity occurring in the water. WAKSA is very keen to “do the right thing” and given this sports growing popularity it is suggested that it would be more pragmatic to give approval, with restrictions, to the Association as this would provide a level of self policing (that is that only WAKSA members would have approval to kitesurf in Cottesloe).

In 2001 and 2002 Council tackled a similar situation with the hang gliders and in this case a committee was formed to work through the issue and make a recommendation to the Works and Corporate Services Committee. The committee was made up of one representative from South Cottesloe Coast Care, one from the hang glider’s association and was chaired by Councillor Morgan. The committee worked through the issue in detail and made its recommendations to the Council committee in June 2002. The Works and Corporate Services Committee made its recommendation to Council and in June 2002 Council gave approval (Resolution C47 June 2002) to the hang glider’s association subject to 11 conditions. The Resolution was as follows:

That Council approve WA Airsports’ (WAASp) application for its members to operate hang gliders and para gliders from the area of beach reserve south of Sydney Street subject to the following:

(1) A gateway, of a type and construction suitable to Council, for access through the dune top fence being installed at WAASp’s expense. The gate way be a minimum of three metres wide and suitable strainer posts be installed.
(2) The installation of signage at WAASp’s expense. The signage to include one positioned either side of the gateway, that sets out conditions of operation and a WAASp contact phone number for complainants use. Signage to be of a type and design that conforms with relevant standards and Council’s policies, and as agreed by Council’s CEO.
(3) WAASp making arrangements with SCCC to participate in annual site maintenance activities.
(4) Any substantial works in regard to beach access ways or signage to facilitate the pedestrian transportation of gliders be the subject of specific and detailed requests. That these requests be accommodated only as agreed by the CEO only where relevant standards are not compromised, and in consultation with relevant community groups, with the full cost to be borne by WAASp.
(5) No improvements to the take off site being made at this time.
(6) The Association indemnifying Council against any loss, damage or injury due to the activities.
(7) All necessary approvals to use the site being obtained from the relevant Government Departments/Authorities.
(8) In the event Council approves further tree planting in or near the landing zones identified in the WAASp proposal, alternative landing sites be found.
(9) In relation to insurance, WAASp to :
(a) Supply Council with annual confirmation that licensed participants are automatically covered for public liability.
(b) Council sighting the annual renewal of WAASp’s public liability insurance policy.
(c) WAASp’s public liability insurance policy to make reference to the Town of Cottesloe and to specifically indemnify the Town of Cottesloe, to the satisfaction of the Town’s legal advisor, against any loss or damage due to activities of WAASp or its members.
(d) Provide evidence that Council is protected against being sued by members of WAASp in relation to their use of the site.
(10) Approval being subject to an initial review after six months and annual reviews thereafter.
(11) Council having the option of withdrawing approval at any time at its discretion without the need for justification.

It is suggested that some of these conditions could be used for kite surfing. Specifically condition (2) the requirement for signage, (3) the requirement to work with Cottesloe Coast Care, (6) indemnification of Council, (9) insurance, (10) annual renewals of approval, and (11) Council may withdraw its approval at its discretion.

If Council favours the path that leads to approval then it could form a committee to look at the matter in more depth and report back to the Works and Corporate Services Committee or set conditions now. Whilst a number of the hang glider conditions might be transferable, there may be other considerations to take into account and so it is recommended that a committee be formed. It is suggested that this committee should be chaired by an elected member, have a Cottesloe Coast Care representative and a WAKSA representative. It could also have representatives from the two local surf life saving clubs and resident surfing clubs.
VOTING
Simple Majority
OFFICER RECOMMENDATION
That Council:
(1) Establish a committee to report to the Works and Corporate Services Committee on conditions that might be imposed if approval were to be given to Western Australian Kitesurfing Association Inc. in relation to kitesurfing in Cottesloe; and
(2) The committee to be chaired by Councillor…………… and have one representative each from Cottesloe Coast Care and Western Australian Kitesurfing

Thanks Johny G & Johny K for your efforts
how did the meeting go?

G'Day Guys,

Nice work in keeping the ball in play. I think that the adoption of some of the Hang Gliders conditions will be an easy step forward in progress to establishing our own guidelines.

Obviously we do not wish to classified as a "water craft" which would exclude us using the 200m of water we actually want so there for I think it necessary to form the committee to deal with the council and land care organisations.

The other consideration is ... Is it really necessary for us to kite at Cottesloe in the first place? There are so many great other spots which will create less headaches. I believe in what you guys are doing and support you in your efforts but I wonder how many people are going to take this place for granted and get it shut down in the future anyway. The only way would be a strict set of rules and even more importantly having someone to enforce these rules. With the unstoppable hordes coming from OS this summer, Self Policing will be the only way and that it must be remembered that it can never be slacked off if we wish to retain this place to ride. Can we really do it??

Maybe it is just easier to move a couple of beaches further away from Cott and not have the worries. Don't mean to say you shouldn't be working hard at keeping the beach open, just asking the question to provoke a discussion from others who seem not to give a s..t. I just want to know if anyone, aside from the few speaking to council is prepared to help.