Blue Mountains City Council

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Access to Information

Access to Information held by Blue Mountains City Council under Section 12 of the Local Government Act 1993

The Local Government Act 1993 identifies a comprehensive list of information and records Council must make publicly available. This information can be examined without charge at Council premises. Some information can be purchased (such as publications) and other information can be copied for you to take away after a photocopying fee has been paid. A great deal of information is freely available on this website.
What's available?

Section 12 (1) of the Local Government Act 1993 lists the following documents that must be available for you to inspect free of charge.

Council Business
  • Agendas and Business Papers of Council Meetings - except business papers where that section/part of the meeting is closed to the public;
  • Minutes of Council Meetings. However where part of the meeting was closed to the public, the details of debate will not be available - only the resolutions and recommendations of the meeting;
  • Code of Meeting Practice;
  • Policy on the payment of expenses incurred by Councillors;
  • Pecuniary interests returns for Councillors and staff of Council in designated positions; and
  • Returns on candidates' campaign donations.
Planning
  • Building and development applications and associated documents;
  • Council policies on approvals and orders;
  • Records of building/development approvals, any variation with reasons for the variations;
  • Records of building certificates;
  • Leases and licences for use of public land classified as community land;
  • Plans of lands the Council proposes to compulsorily acquire; and
  • Any environmental planning instruments, development control plans and plans made under section 94AB of the Environment Planning and Assessment Act 1979 applying to land within Council's area.
Administration of Council
  • Annual Report;
  • Annual financial reports;
  • Auditor's reports;
  • Code of Conduct;
  • Management Plan;
  • EEO Management Plan;
  • Register of delegations;
  • Register of investments;
  • Council's Land register;
  • Register of graffiti removal work;
  • Plans of Management for community lands such as reserves and parks; and
  • Statement of affairs, the summary of affairs and the register of policy documents that is required under the Freedom of Information Act 1989.

There are many other policies and documents that are available in addition to documents mentioned in Section 12. Many can be viewed on this website. Other documents may still be made available after an assessment has been made concerning whether their release would be in the public interest.

Records Search of Development Applications

For requests on development applications and building certificate records, please use the Records Search of Development Applications form (download at right).

Requests for information relating to interpretation of development standards, policies etc, or where you seek clarification of an approval or an activity on the site, including requests to review the history of an application; analysis of inspection results, (where Council is appointed as the PCA - owner's consent required); analysis of compliance against construction standards for food premises; status of a development application etc, the Land Use Advice/Information form should be used. Note: copies of some information may not be permissible.

What's not available?

The Local Government Act allows Council to limit access to some documents. These include:

  • The plans and specifications for any residential building;
  • Personal matters;
  • Confidential items from Council Agendas, Business Papers and Minutes;
  • Commercial information that may prejudice the commercial position or reveal a trade secret;
  • Legal advice;
  • Where it would be offence against an Act to release the information or found an action for breach of confidence;
  • Personnel matters concerning particular Council employees (other than councillors);
  • Copy of the building certificate, unless the owner's written permission is provided; and
  • Copy of survey reports, though these can be viewed.
The information I want does not seem to be readily available - what then?

It is possible for you to access information not mentioned within Section 12 (1) of the Local Government Act by making an application under Section 12 to inspect a document which involves Council applying the public interest test. You can also make an application under the Freedom of Information Act. You will need to pay $30 to make an Freedom of Information (FOI) application. It is important to note however, that the FOI Act does not guarantee access to all information. Click here for details on Freedom of Information.

What if I am refused access to information under Section 12?

Council must provide you with written reasons as to why access has not been granted to information you have requested. These reasons will be publicly available and Council must review the decision within three months. If you, or someone else applies for access to the same information after three months of the original decision, the decision will be reviewed.

What if I am not satisfied with the reasons for denial of access to the information I want under Section 12 provisions?

You can complain to the Ombudsman.

NSW Ombudsman
Level 24, 580 George Street
Sydney NSW 2000
Phone: 02 9286 1000
Toll free: 1800 451 524
Fax: 02 9283 2911
TTY: 02 9264 8050
E-mail: nswombo@ombo.nsw.gov.au
Web: www.nswombudsman.nsw.gov.au

Can I have copies of the information or records I access?

Providing you are prepared to pay the charges set for photocopying, generally you can have copies of records you can access. The main exception is Building Certificates. You can inspect the record of Building Certificates issued but the owner of the property must give consent before Council releases a copy to you on payment of the fee. The plans of the internal configuration of buildings will be withheld for security reasons, unless you are the owner.

I think someone in my neighbourhood has complained about my barking dogs. Can I find out who they are?

Council will generally not make information that identifies a person making a complaint available to others. This is because we are obliged to protect the confidentiality of anyone who in good faith informs us about a potential breach of a law that we have responsibilities to enforce. Barking dogs, excessive noise and health issues fall into this category.

I've put in a Development Application to add to my home and my neighbours have lodged objections. Can I see and get a copy of what they have submitted?

Yes. The Council must make details of development applications publicly available and this includes information about submissions.

I want to get the information I have requested immediately as I'm just about to buy a house at auction. Is this possible?

No. You will need to fill out a form and send it or drop it into Council offices. We will endeavor to complete your request as soon as possible. If it is a complex matter we will let you know if it will take longer than 21 days. Many Council files and records are held off site so it can take us some time to find documents or other material particularly if the records are more than 2 years old.

The Request for Search of Council Records form can be downloaded at right.

If you have any questions about access to Council held information please contact:

Blue Mountains City Council
2 Civic Place
Katoomba NSW 2780
   or
104 Macquarie Rd
Springwood (Beneath the Library)

Postal address:
Locked Bag 1005
Katoomba NSW 2780

Telephone: (02) 4780 5000
Telephone: (02) 4723 5000 (lower Blue Mountains)
Facsimile: (02) 4780 5555
Email: council@bmcc.nsw.gov.au