Documents and correspondence relating to DA 201834811-4/39

Dear Mr Purcell,

I am writing to confirm the scope of your request received by the
Environment, Planning and Sustainable Development Directorate on 13 March
2020, seeking documents regarding DA 201834811 (Block 4 Section 39 Coombs)
under the Freedom of Information Act 2016 (the FOI Act).

In your request, you are seeking:

1. All documentation and correspondence regarding the decision to refuse
DA 201834811-4/39 (Block: 4 Section: 39 Coombs)

2. The ACT Government's ability to defend the refusal decision (relating
to the initial development application, subsequent reconsideration
application, and application for review -
ACAT Application AT 75/2019),

3. The negotiation process undertaken in support of the amended DA

Clarification sought

Please provide clarification on the following for the points of your
application as listed above.

o Point 1 - The Notices of Decision set out information such as the
authority under which the decisions are made, the reason for the
decisions, public notification and entity advice, administrative and
review information. These documents contain reasons for refusal and
may be provided to you through an informal release process.

Are you seeking access to the Notice of Decision documents for DA
201834811: the development application, reconsideration application and
subsequent ACAT review?

o Point 2 - Clarification is required to enable us to identify the
information you are seeking.

Please advise if you are seeking the framework and legislation under which
decisions were made around the refusal of the development application,
reconsideration and ACAT review?

All development applications are considered under the Planning and
Development Act 2007 which, along with associated regulations and
instruments, can be accessed online via the below link
[1]https://www.legislation.act.gov.au/a/200...

o I note that your request excludes documentation submitted and
previously available for public comment. Please advise what is meant
by documentation submitted? Is this documentation submitted as part of
the development application consultation process and as part of the
documents produced for ACAT Review?

Certain information, as clarified under points one and two of your
request, may be provided to you through an informal access mechanism.
Where appropriate, it is ideal to provide information informally so as to
reduce the processing time and the likelihood of any associated fees. If
you would like to receive these documents through informal access, you
will need to withdrawn these points of your application and we will submit
the documents to you directly and continue processing your application
under the FOI Act for point three of your request. Please note that
informal access does not provide a right of review under the FOI Act
however there is nothing preventing you from submitting subsequent
applications.

As scope clarification of your request is required, your application will
remain suspended under section 34 of the FOI Act until such time we
receive a response for clarification. If we do not receive a response from
you regarding clarification within 3 months from the date of this request,
your application will be considered closed; however, you may choose to
make a further access request.

Kind regards,

Libby Hill

Freedom of Information/Records Officer

Information & Knowledge Management

Governance and Legal Services Branch

Environment, Planning and Sustainable Development Directorate | ACT
Government

Phone: 02 620 71720 | Email: [2][email address]

Level 2, Dame Pattie Menzies House North Building | GPO Box 158 Canberra
ACT 2601| [3]www.environment.act.gov.au | [4]www.planning.act.gov.au

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References

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1. https://www.legislation.act.gov.au/a/200...
2. mailto:[email address]
3. http://www.environment.act.gov.au/
4. http://www.environment.act.gov.au/

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Dear Mr Purcell,

On the 23 March 2020 I sent you an email requesting clarification of the
scope of your request submitted on the 13 March 2020. To date we have not
received any communications from you regarding your request. This email is
to advise you that we are about to close off processing under 34 (6) (b)
of the Freedom of Information Act 2016, if we do not receive a response
from you by COB Friday 19 June 2020.

Kind regards,

From: EPSDFOI
Sent: Monday, 23 March 2020 10:46 AM
To: Jack Purcell <[FOI #6223 email]>
Subject: FOI 20/11917 - Request for clarification of scope