Stalvies v Snowy Monaro Regional Council
[2023] NSWCATAD 166
At a glance
Source factsCourt
NCAT Administrative and Equal Opportunity
Decision date
2023-06-27
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
REASONS FOR DECISION
- This is an application by the applicant under s 100 of the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act") for administrative review of the decision of the respondent dated 20 January 2020 to refuse access to information.
- For the reasons set out below, the decision of the respondent is varied, in part, and otherwise affirmed.
Background
- Ms Janet Stalvies ("the applicant") has been involved in disputes involving a property (Adjoining Property) that adjoins property owned by her. The disputes relate to a range of building and development matters in respect of which the Snowy Monaro Regional Council ("the respondent") has certain functions, as the council in the relevant area, under the Local Government Act 1993 (NSW).
- The applicant made an access application under the GIPA Act on 27 June 2019 to the respondent. The access application sought the following: Records of ongoing matters of complaints from owners [of the Adjoining Property] between September 15 to April 17. Council's response to the matters of complaint and including record of [a council employee/contractor] visit to [the Adjoining Property] between 4 to 7 Nov 16. His report on alleged subsidence beneath shed at [Adjoining Property]. Council's communication to/from [a building certifier] in January 2017. Council's response to solicitor's request to inspect alleged fill 18 Jan 17. The authority and sources on which Council based notice of 5 April 17. Records of site inspection by [council employees/contractors] on 5 May 17 and their conclusion. Administrator's response to the May inspection. Council's advice to owners of [the Adjoining Property] following that May inspection and including stipulations about sinking posts and post heights. Record of Council's inspection 26 July 2017. Record of Council's directions to owners of [the Adjoining Property] to lower the fence height (Aug & Sept 17). Copy of agreement with neighbours to lower fence height to meet code provision. Record of actual measurement at variance with code height, stepping and retainment taken since 10 Oct 17.