Notification of change from Residential to Residential Growth Zoning
Dear Victorian Department of Environment, Land, Water and Planning,
This request is made pursuant to Section 17 of the FOI Act Victoria.
I seek copies of correspondence sent to all affected land proprietors direct from your department or through an intermediary , for instance the City of Ballarat. that either informed them of a changed zoning from Residential to Residential Growth or sought their submissions for or against a proposed change, if any , in relation to the area loosely described as being within Ballarat Grammar School to the east, Norman Street to the north, Gillies Street to the west and Howitt Street to the south in the Ballarat suburb of Wendouree, with some exclusions including the shopping centre and Harvey Norman stores, reputedly made in 2014 with a modification in 2015 ( unverified by me).
Yours faithfully,
Peter Berlyn
Hi Peter
I acknowledge receipt of your FOI request. Your request number is 5541.
Application Fee Required
The FOI application fee is $30.10. You can pay with BPAY using the details
on the form attached. Please record your receipt number and send the form
back to me when you’ve paid. Alternatively, you can resubmit your request
and pay by credit card at [1]FOI Online.
Clarification Required
We will need more information to locate the documents you’re seeking. On a
preliminary search, there doesn’t appear to be any residential rezoning
matters relating to Wendouree in 2014-15. Perhaps that date is incorrect?
Please provide:
o planning scheme amendment number
o specific address
o specific date
You can search Ballarat City Council’s [2]Town Planning Public Register to
find the matter you’re interested in. You can also search DELWP’s
[3]Planning Scheme Amendment Register.
Kind regards,
Bena Asafu-Adjaye
Please Note: I work Monday, Tuesday and Friday
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
E: bena.asafu-adjaye[4]@delwp.vic.gov.au
I am currently working remotely
[6]DELWP [7]DELWP [8]DELWP [9]DELWP [10]DELWP
[5]DELWP logo and website Facebook Twitter Linkedin Instgram YouTube
link icon and icon and icon and icon and icon and
link link link link link
We acknowledge Victorian Traditional Owners
[11]Aboriginal and and their Elders past and present as the [12]Mirring
Torres Strait original custodians of Victoria’s land and artwork and
Islander flags waters and commit to genuinely partnering link
with them and Victoria’s Aboriginal
community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits
me. I don’t expect you to read, respond or action outside your working
hours.
Dear Bena Asafu-Adjaye (DELWP),
I have paid the fee this morning but do not know how to send you the receipt electronically. It is number 136237096..
In relation to your questions:
1.I do not know the Planning Scheme amendment number
2.The street address that I am interested in is 17 Park Street Wendouree and I own number 21 Park Street
3.I don't know a specific date.
4. Here follows a discourse about why I am attempting to make this request
Ballarat City Council is presently dealing with a Planning Application Number PLP/2021/566 to remove an existing dwelling and build five two story residences.
The present zoning is Residential Growth Zone Schedule One. There have been more than 70 objectors including myself, and most have included as an objection that they were never told that their properties had been rezoned from Residential to Residential Growth or given notice giving them the opportunity to object or contribute to the decision.
I settled on my purchase in January 2016 so I do not have a great depth of knowledge of the history.
At a recent Council Meeting a question was directed to the Planning Director by a Councillor as to whether Council ever did a mail out to affected persons and the response was to the effect that she didn't know because she was not an employee at the time in 2014 that the change was made and again in 2015 when she expressed that a minor amendment was made. She then added that she thought that the Department of Planning did a mail out and then added that maybe the Department prepared a letter and had the Council send it out using its database. This may have been a 'fob off'.
At a rough guess, there are maybe 300- 400 houses affected.
I have applied to Council through FOI to see if it produces anything. I also applied to your department as a secondary approach. My expectation is that both will report that no mail out was ever made but , because the issue is so important to so many objectors, I am attempting to discover the truth of the matter.
The planning application comes before Council again this coming Wednesday evening and whilst I know that your department has a month to formally respond,I am asking if you will expedite the response in time to have it beforehand . I know that you have no obligation to do so, so I can only but ask.
Yours sincerely,
Peter Berlyn
Dear Victorian Department of Environment, Land, Water and Planning,
Following a community meeting of objectors last evening I appear to need to modify the supporting information previously given to you.
Originally I expressed that there was apparently a change from Residential to Residential Growth in 2014 with an amendment in 2015. I was told last night that one of the planning officers had told one of last night's participants that the starting zoning in 2014 was Medium Density. Again, no one claims to have been aware of a change from Residential to Medium Density.
I was also told last night that the Planning Director had orally expressed that the subsequent zoning amendment date was 2017, not 2015 as I had recorded it. I have been unable , so far to attempt to verify whether this was my error or that of my informant.
Nevertheless , my material request remains as submitted now expressed differently than submitted. It is to obtain documents, if any, issued to proprietors of land within the subject large parcel of land that informed them of ALL zoning changes and/or amendments commencing from when the operative zoning was Residential only.
Yours faithfully,
Peter Berlyn
Thanks, Peter.
A few things for you to note:
o I’m currently making preliminary enquiries concerning your request. If
any aspect of it needs to be clarified or revised further, I will
contact you shortly to address that.
o Please note that whilst the FOI Act requires a decision to be made
within 30 days, that period may be extended by 15 days if we need to
consult with third parties. Also, the timeline may be paused or reset
if, for example, the request needs to be revised.
o Due to the department’s response to the current COVID-19 pandemic,
many department staff are working remotely and may not be able to
access certain records, such as documents not stored electronically.
If this situation applies to your FOI request, it may need to be
restricted to electronic records or we may ask you to withdraw your
request and resubmit it once hardcopy records are available. Thank you
for your understanding and we apologise for any inconvenience.
o The documents you have requested are likely to contain personal
information (such as names, titles and contact details) of department
staff and third parties. Do you agree to have such personal
information deleted from the documents? Doing so may help us respond
to your request more quickly because we will not need to consult with
all the people involved about whether they wish to have their personal
information released. Please reply to this email to let me know
whether you agree.
Kind regards,
Bena Asafu-Adjaye
Please Note: I work Monday, Tuesday and Friday
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
E: bena.asafu-adjaye[1]@delwp.vic.gov.au
I am currently working remotely
[3]DELWP [4]DELWP [5]DELWP [6]DELWP [7]DELWP
[2]DELWP logo and website Facebook Twitter Linkedin Instgram YouTube
link icon and icon and icon and icon and icon and
link link link link link
We acknowledge Victorian Traditional Owners
[8]Aboriginal and and their Elders past and present as the [9]Mirring
Torres Strait original custodians of Victoria’s land and artwork and
Islander flags waters and commit to genuinely partnering link
with them and Victoria’s Aboriginal
community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits
me. I don’t expect you to read, respond or action outside your working
hours.
Dear Bena Asafu-Adjaye (DELWP),
Thank you for your work so far.
I agree that you are to remove any personal information. I have no interest in finding out the names who contributed or actioned anything. Just interested in the facts as they can be established from research into the archives.
Yours sincerely,
Peter Berlyn
Dear Bena Asafu-Adjaye (DELWP),
I refer to the FOI request that you are presently dealing with and wish to appraise you with additional information that is likely to assist and limit the time span of your research.
It is that on the 6th of May 2010 the subject geographic area around the centre of Park Street was zoned Residential 1. This is reliable factual information and establishes that at least one change was made subsequent to that date and, according to a Planning Officer of the City of Ballarat, two.Viz from Resident 1 to Residential Medium Density to the present Residential Growth.
I have previously expressed that the Planning Director of the City speculated on the uncertainty as to which entity , if any, notified the land proprietors of the change/s and posited that it may have been Melbourne or perhaps Ballarat. I will now posit that there is a logic that suggests that if Melbourne had the responsibility to give such a notice, then it is likely that the City did the distribution using its data base of names and addresses of those affected. I may be wrong because I don't have factual knowledge of the reach of computer software so it is equally possible that the data base of the State Revenue Office , Land Tax Department may have been used.
Depending on what document/s ( if any) is located one or more dates will be exposed and on this basis, I wish to amend my FOI request to include documentary evidence ( if any) that expresses which entity ( if any) had the responsibility for consulting, receiving objections and giving notice of the aforementioned one or two changes remembering that a number of old time residents claim not to have ever received anything.
Yours sincerely,
Peter Berlyn
Thanks, Peter.
I note your amended request. I’ll be in touch if we need anything further
from you.
Kind regards,
Bena Asafu-Adjaye
Please Note: I work Monday, Tuesday and Friday
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
E: bena.asafu-adjaye[1]@delwp.vic.gov.au
I am currently working remotely
[3]DELWP [4]DELWP [5]DELWP [6]DELWP [7]DELWP
[2]DELWP logo and website Facebook Twitter Linkedin Instgram YouTube
link icon and icon and icon and icon and icon and
link link link link link
We acknowledge Victorian Traditional Owners
[8]Aboriginal and and their Elders past and present as the [9]Mirring
Torres Strait original custodians of Victoria’s land and artwork and
Islander flags waters and commit to genuinely partnering link
with them and Victoria’s Aboriginal
community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits
me. I don’t expect you to read, respond or action outside your working
hours.
Dear Bena Asafu-Adjaye (DELWP),
Please tell me the determined final date for the formal response.
Thank you
Yours sincerely,
Peter Berlyn
Hi Peter
The due date is Friday, 3 June 2022.
Kind regards,
Bena Asafu-Adjaye
Please Note: I work Monday, Tuesday and Friday
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
E: [email address]
I am currently working remotely
We acknowledge Victorian Traditional Owners and their Elders past and present as the original custodians of Victoria’s land and waters and commit to genuinely partnering with them and Victoria’s Aboriginal community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits me. I don’t expect you to read, respond or action outside your working hours.
OFFICIAL
Hi Peter
I emailed you on Friday but it appears it was not delivered. As per my
email below, we should be able to finalise your request shortly, within
the next few days.
Kind regards,
Bena Asafu-Adjaye
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
[2]DELWP [3]DELWP [4]DELWP [5]DELWP [6]DELWP
[1]DELWP logo and website Facebook Twitter Linkedin Instgram YouTube
link icon and icon and icon and icon and icon and
link link link link link
We acknowledge Victorian Traditional Owners
[7]Aboriginal and and their Elders past and present as the [8]Mirring
Torres Strait original custodians of Victoria’s land and artwork and
Islander flags waters and commit to genuinely partnering link
with them and Victoria’s Aboriginal
community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits
me. I don’t expect you to read, respond or action outside your working
hours.
OFFICIAL
From: Foi Unit (DELWP)
Sent: Friday, 3 June 2022 6:09 PM
To: 'Peter Berlyn' <[9][FOI #8845 email]>
Subject: FOI Request 5541
Hi Peter
There has been a last minute delay in finalising your request. Apologies.
Will you grant us a few days’ extension, until Wednesday, 8 May 2022?
Kind regards,
Bena Asafu-Adjaye
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
[11]DELWP [12]DELWP [13]DELWP [14]DELWP [15]DELWP
[10]DELWP logo and Facebook icon Twitter Linkedin Instgram YouTube
website link and link icon and icon and icon and icon and
link link link link
We acknowledge Victorian Traditional Owners
[16]Aboriginal and and their Elders past and present as the [17]Mirring
Torres Strait original custodians of Victoria’s land and artwork and
Islander flags waters and commit to genuinely partnering link
with them and Victoria’s Aboriginal
community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits
me. I don’t expect you to read, respond or action outside your working
hours.
OFFICIAL
References
Visible links
1. https://www.delwp.vic.gov.au/
2. https://www.delwp.vic.gov.au/media-centr...
3. https://twitter.com/DELWP_Vic
4. https://www.linkedin.com/company/departm...
5. https://www.instagram.com/delwp_vic/
6. https://www.youtube.com/c/DELWPVicGovAus...
8. https://www.delwp.vic.gov.au/aboriginals...
9. mailto:[FOI #8845 email]
10. https://www.delwp.vic.gov.au/
11. https://www.delwp.vic.gov.au/media-centr...
12. https://twitter.com/DELWP_Vic
13. https://www.linkedin.com/company/departm...
14. https://www.instagram.com/delwp_vic/
15. https://www.youtube.com/c/DELWPVicGovAus...
17. https://www.delwp.vic.gov.au/aboriginals...
Dear Bena Asafu-Adjaye (DELWP),
Yes. to your request for an extension of time .
I can not see an email from you last Friday but it is of no great consequence, just intriguing.
My request to you was the first time I used 'Right To Know'. I have now used it a total of four times and still struggle to get my head around its functionality. Those requests that I started with will need to be seen through to the end but I am questioning whether I will use it again.
Notwithstanding, the contents of many other requests are interesting if you have the time and interest. Frequently I silently say to my self 'what a very good question' and 'why didn't I think to ask that'?
The big value is that, on the face of it, the information is factual and not the result of some blown up media story.
Thanks for your help.
Yours sincerely,
Peter Berlyn
Dear Peter
FOI Request 5541 - Notice of Decision
Please find the decision letter and released documents attached.
Kind regards,
Bena Asafu-Adjaye
FOI Officer | Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
[2]DELWP [3]DELWP [4]DELWP [5]DELWP [6]DELWP
[1]DELWP logo and website Facebook Twitter Linkedin Instgram YouTube
link icon and icon and icon and icon and icon and
link link link link link
We acknowledge Victorian Traditional Owners
[7]Aboriginal and and their Elders past and present as the [8]Mirring
Torres Strait original custodians of Victoria’s land and artwork and
Islander flags waters and commit to genuinely partnering link
with them and Victoria’s Aboriginal
community to progress their aspirations.
We work flexibly at DELWP. I am sending this message now because it suits
me. I don’t expect you to read, respond or action outside your working
hours.
OFFICIAL
References
Visible links
1. https://www.delwp.vic.gov.au/
2. https://www.delwp.vic.gov.au/media-centr...
3. https://twitter.com/DELWP_Vic
4. https://www.linkedin.com/company/departm...
5. https://www.instagram.com/delwp_vic/
6. https://www.youtube.com/c/DELWPVicGovAus...
8. https://www.delwp.vic.gov.au/aboriginals...