03 February 2025
FOI Ref: FOI 24/25-31
Ms Cathy Audley
By Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
To Ms Audley
REQUEST FOR ACCESS TO DOCUMENTS UNDER THE FREEDOM OF INFORMATION ACT 1982 (Vic) –
Decision Letter
I refer to your valid FOI Application dated 05 December 2024 seeking access to documents under the
provisions of the Freedom of Information Act 1982 ('the Act'), specifically requesting the following
information:
I request access to the Town Planning Department file for Application Number 377/2024, 14
Hopetoun Avenue, Reservoir 3073. The documents requested would include but not limited to
internal referrals from the Town Planning Department to Engineering Department, Strategic
Planner City Development, Transport Management Planning Referral, Sustainable Design
Assessment Referral and Arborist Referral.
I require both the referrals from the Town Planning Department and all
replies/comments/emails/reports/drafts from the aforementioned departments/individuals.
On 17 January 2025 via telephone conversation, you agreed to exclude personal information of Darebin
City Council employees from the scope of your request. This information has been removed from the
documents as ‘out of scope’.
City of Darebin (DCC) has identified 25 documents relevant to your request.
Decision
I have assessed al the documents held by the City of Darebin that fall within the scope of your request.
Documents which fall within the category requested by you have been processed in response to the
request received.
My decision on access is to:
• Grant access to eight documents
• Refuse access to seventeen documents
Exemption
A document is exempt under section 30(1) of the FOI Act if two conditions are satisfied:
(a) disclosure of the document under the FOI Act would disclose matter in the nature of opinion,
advice or recommendation prepared by an officer or Minister, or consultation or deliberation that
has taken place between officers, Ministers, or an officer and a Minister, in the course of, or for
the purpose of, the deliberative processes involved in the functions of an agency or Minister or of
the government; and
(b) such disclosure would be contrary to the public interest.
I applied the exemption in section 30(1) of the FOI Act to documents listed in the schedule of documents.
This exemption relates to internal working documents of the Council.
Each of the internal working documents contained matter in the nature of opinion, advice or
recommendation prepared by an officer of the Council, and or consultation between officers in the course
of, or for the purpose of, the deliberative processes involved in the functions by Council in the assessment
process of planning permits as per the Planning and Environment Act 1987. I am satisfied that their
disclosure would disclose matter in that nature.
In considering whether access to the internal working documents should be granted, I considered that the
internal working documents contain advice and recommendations of officers of the Council prior to any
delegated or resolved decision being made. If disclosed, the documents may prejudice the proper
decision-making process and confidential processes of the Council and which could be reasonably
expected to adversely affect the ability and capability of the Council to perform its statutory functions,
and to have a substantial effect on the proper and efficient conduct of the Council’s operations.
In each case, I considered the public interest in the disclosure of the relevant document, including having
regard to the objects of the FOI Act, and your right of access in accordance with section 13 of the FOI Act
and have decided that the disclosure of the documents would be contrary to the public interest.
Review rights.
If you are not satisfied with my decision, you may seek a review from the Office of the Victorian
Information Commissioner. Requests for review must be made in writing within 28 days of receiving this
decision letter.
You are able to submit a request for review in the following ways:
Information Commissioner
Office of the Victorian Information Commissioner
PO Box 24274
MELBOURNE VIC 3001
Ph 1300 842 364
Email:
xxxxxxxxx@xxxx.xxx.xxx.xx
If you have any queries, please feel free to contact me on 437 847 975
Yours sincerely,
Mark Aylward
Freedom of Information Officer
City of Darebin
Appendix A – Schedule of Documents
Doc # # Pages
File title
Document description
Decision summary
1. 17
WSUD Report - 30-07-2024 - 14
Water Sensitive Urban
DENIED IN FULL
Hopetoun Avenue RESERVOIR - D-
Design Report
s.30(1)
377-2024(vA10520053).pdf
2. 5
Traffic - 30-07-2024 - 14 Hopetoun
Traffic analysis report
RELEASED IN FULL
Avenue RESERVOIR - D-377-
2024(vA10520052).pdf
3. 8
Title search - 30-07-2024 - 14
Tite register document
RELEASED IN FULL
Hopetoun Avenue RESERVOIR - D-
377-2024(vA10520051).pdf
4. 8
Title - 30-07-2024 - 14 Hopetoun
Tite register document
RELEASED IN FULL
Avenue RESERVOIR - D-377-
2024(vA10520050).pdf
5. 21
Report - 30-07-2024 - 14 Hopetoun
Application for planning RELEASED IN FULL
Avenue RESERVOIR - D-377-
permit
2024(vA10520048).pdf
6. 5
PRE APPLICATION MEETING ADVICE - Pre application
DENIED IN FULL
30-07-2024 - 14 Hopetoun Avenue
proforma
s.30(1)
RESERVOIR - D-377-
2024(vA10520047).pdf
7. 8
Plans - 30-07-2024 - 14 Hopetoun
Permit plans
DENIED IN FULL
Avenue RESERVOIR - D-377-
s.30(1)
2024(vA10520046).pdf
8. 1
GIS Map(vA10520044).pdf
Image of map
DENIED IN FULL
s.30(1)
9. 1
Feature & level survey - 30-07-2024 - Survey plans
RELEASED IN FULL
14 Hopetoun Avenue RESERVOIR - D-
377-2024(vA10520043).pdf
10. 21
Arborist Report - 30-07-2024 - 14
Arborist report
RELEASED IN FULL
Hopetoun Avenue RESERVOIR - D-
377-2024(vA10520037).pdf
11. 2
D3772024 14 Hopetoun Avenue
Planning permit online
DENIED IN FULL
RESERVOIR VIC 3073 Online
application form
s.30(1)
Application For.pdf
12. 1
D3772024 14 Hopetoun Avenue
Application
DENIED IN FULL
RESERVOIR VIC 3073 Online
Acknowledgement
s.30(1)
Acknowledgement Letter.pdf
letter
13. 1
D3772024 14 Hopetoun Avenue
Application
DENIED IN FULL
RESERVOIR VIC 3073 Application
Acknowledgement
s.30(1)
Allocation Letter .pdf
letter
14. 4
240813 Tree management referral
Tree management
DENIED IN FULL
for D-377-2024.pdf
referral
s.30(1)
15. 3
Engineering Response to TP Referral - planning permit referral DENIED IN FULL
14 Hopetoun Avenue Reservoir - D-
s.30(1)
377-2024.pdf
16. 2
RE_ Internal Referral - 14 Hopetoun
planning permit referral DENIED IN FULL
Doc # # Pages
File title
Document description
Decision summary
Avenue Reservoir - D-377-2024
s.30(1)
17. 1
Email to Engineering Internal Referral planning permit referral DENIED IN FULL
- 14 Hopetoun Avenue Reservoir - D-
s.30(1)
377-2024
18. 1
Email to Tree Management Internal
planning permit referral DENIED IN FULL
Referral - 14 Hopetoun Avenue
s.30(1)
Reservoir - D-377-2024
19. 1
ESD Walkaround Referral Comments planning permit referral DENIED IN FULL
- 28-10-2024 - D-377-2024.pdf
s.30(1)
20. 1
Transport Walkaround Referral
planning permit referral DENIED IN FULL
Comments - 14-08-2024 - 14
s.30(1)
Hopetoun Avenue
21. 6
D_377_2024 14 Hopetoun Avenue
Planning permit request DENIED IN FULL
RESERVOIR VIC 3073 Further
for further information
s.30(1)
Information Request.pdf
22. 1
RFI - 14 Hopetoun Avenue Reservoir - Planning permit request DENIED IN FULL
D-377-2024.pdf
for further information
s.30(1)
23. 1
Cover Letter - 18-09-2024 - 14
Cover Letter
DENIED IN FULL
Hopetoun Avenue RESERVOIR - D-
s.30(1)
377-2024
24. 11
Plans - 18-09-2024 - 14 Hopetoun
Plans
RELEASED IN FULL
Avenue RESERVOIR - D-377-2024
25. 44
SDA - 18-09-2024 - 14 Hopetoun
Sustainable design
RELEASED IN FULL
Avenue RESERVOIR - D-377-2024
assessment
