Accessing property information and DAs

The Government Information (Public Access) Regulation 2018 was made on 31 August 2018. The new Regulation repeals and replaces the previous Government Information (Public Access) Regulation 2009. The new Regulation contains an amendment to the additional open access information for local government under Schedule 1 Clause 3 in relation to development applications.

From 31 August 2018 the following information no longer falls within the definition of open access information for local government:

  • development applications made before 1 July 2010
  • in relation to a development application received before 1 July 2010, any associated documents which were received before, on or after 1 July 2010
  • records of decisions, including decisions on appeal, on development applications made before 1 July 2010

Council does not have electronic records of applications or approvals prior to 2000. Those archived hardcopy records require a physical search.

Council cannot guarantee that records requested will be located.

What does this mean?

If you want access to a development application or records of decisions made on or after 1 July 2010 you may informally apply. This continues to be OPEN ACCESS information. <Informal request of view property file application>

Development applications and decisions made before 1 July 2010 are still 'government information' but you will need to apply formally via an access application. As with any other access application, council will apply the public interest test under Part 2 Division 2 of the GIPA Act when making a decision to release or refuse access to information in relation to development applications.

 

Plans, copyright and privacy

Some information considered ‘open access’ may be subject to copyright.

Information subject to copyright may be viewed, however copies may not be provided. If you require copies (hard copy or email) you need to gain written permission from the copyright owner/architect. A scanned document may be provided and therefore copyright will be passed on to any person who reproduces this document at their own risk.

Council must also take into account whether the privacy of any other party is affected by a particular request.

 

 

Proactive release information

Council may choose to place additional information on its website – this is known as ‘additional proactive release of information’. 

It is council’s intent to make as much information as possible that may be of interest to the general public available on its website.

Informal release of information requests

An application for information not readily available on council’s website may be submitted using an < Informal Request to View Property File Application>.

Information requested informally may include such records as

  • Development consents
  • Planning reports
  • Applications
  • Building certificates
  • Objections to development applications
  • Development applications, building applications or construction certificate plans

 

Formal release of information requests

If you cannot access the information you are seeking by any of the ways outlined above, you will probably need to submit a <Formal Access Application>

Types of information requested formally may include such records as

  • Information that relates to a third party who must be consulted
  • Information that relates to a third-party business that must be consulted
  • Information that is sensitive in nature that requires careful balancing of public interest considerations
  • Information previously refused access through the informal process
  • Large volumes of information that involve an extensive search

 

Formal access fees

Application processing fees apply for formal applications <refer to Fees & Charges>.

 

How to apply

  • Download the relevant GIPA form (Informal or Formal)
  • Complete the form and lodge with Council via post or in person or email (council@narrandera.nsw.gov.au)

Note: If your application is seeking personal information, proof of identity is required at the time of applying.

 

Review of a decision

You are entitled to a review if you are refused access to information requested formally.