109 Tyabb Tooradin Rd Somerville designation as "Market Garden" activity.
Dear FOI Officer,
Under the Freedom of Information Act 1982, I request documents from Mornington Peninsula Shire Council regarding the assessment of land use at 109 Tyabb Tooradin Road, Somerville.
Specifically, I seek:
Assessment Information:
Council reports, site visit notes, or evaluations since July 2024.
Methodology and criteria used for classifying the site as "market garden preparation."
Any expert agricultural advice related to this classification.
Decision Records:
Meeting minutes discussing the land use classification.
Documentation supporting the agricultural classification.
Records assessing fill material volume.
Planning Documentation:
Permits issued or applications received since July 2024.
Environmental assessments or EPA consultations.
Compliance Records:
Records of compliance investigations.
Enforcement actions considered or taken.
Council's official stance on whether operations require planning permits.
This request excludes personal or commercially sensitive information.
Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment.
Dear Joe Public,
Acknowledgement of Freedom of Information request
I refer to your correspondence received on 9 May 2025 seeking access to
documents under the Freedom of Information Act 1982 (Vic) (the FOI Act):
“Under the Freedom of Information Act 1982, I request documents from
Mornington Peninsula Shire Council regarding the assessment of land use at
109 Tyabb Tooradin Road, Somerville.
Specifically, I seek:
Assessment Information:
Council reports, site visit notes, or evaluations since July 2024.
Methodology and criteria used for classifying the site as "market garden
preparation."
Any expert agricultural advice related to this classification.
Decision Records:
Meeting minutes discussing the land use classification.
Documentation supporting the agricultural classification.
Records assessing fill material volume.
Planning Documentation:
Permits issued or applications received since July 2024.
Environmental assessments or EPA consultations.
Compliance Records:
Records of compliance investigations.
Enforcement actions considered or taken.
Council's official stance on whether operations require planning permits.
This request excludes personal or commercially sensitive information.
Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment”.
Your request has been allocated to FOI request number 550/25. Please
include your FOI request number in all correspondence.
The Council is considering your request and will be in touch.
If you have any questions, please contact us on (03) 5950 1926 or email us
at [1][Mornington Peninsula Shire Council request email] and quote 550/25.
Kind regards,
Governance Officer
Email: [3][Mornington Peninsula Shire Council request email]
Phone: 03 5950 1000
[2]MPS Work days: Monday to Friday
Private Bag 1000, Rosebud VIC 3939 | 90 Besgrove Street, Rosebud
VIC 3939
Follow us on social [4]mornpen.vic.gov.au[5]Facebook[6]Instagram
media!
-----Original Message-----
From: Joe Public <[FOI #13141 email]>
Sent: Friday, May 9, 2025 12:42 PM
To: FOI <[Mornington Peninsula Shire Council request email]>
Subject: Freedom of Information request - 109 Tyabb Tooradin Rd Somerville
designation as "Market Garden" activity.
Dear FOI Officer,
Under the Freedom of Information Act 1982, I request documents from
Mornington Peninsula Shire Council regarding the assessment of land use at
109 Tyabb Tooradin Road, Somerville.
Specifically, I seek:
Assessment Information:
Council reports, site visit notes, or evaluations since July 2024.
Methodology and criteria used for classifying the site as "market garden
preparation."
Any expert agricultural advice related to this classification.
Decision Records:
Meeting minutes discussing the land use classification.
Documentation supporting the agricultural classification.
Records assessing fill material volume.
Planning Documentation:
Permits issued or applications received since July 2024.
Environmental assessments or EPA consultations.
Compliance Records:
Records of compliance investigations.
Enforcement actions considered or taken.
Council's official stance on whether operations require planning permits.
This request excludes personal or commercially sensitive information.
Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #13141 email]
Is [8][Mornington Peninsula Shire Council request email] the wrong address for Freedom of Information
requests to Mornington Peninsula Shire Council? If so, please contact us
using this form:
[9]https://cas5-0-urlprotect.trendmicro.com...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[10]https://cas5-0-urlprotect.trendmicro.com...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
DISCLAIMER: This email (and attachments) is for the intended recipient
only and may contain privileged, confidential or copyright information. If
received in error, please notify sender immediately and delete. Any other
use is prohibited. Shire accepts no liability for damage caused by this
email (and attachments) due to viruses, corruption, delay, interruption,
unauthorised access or use. Views expressed are those of the individual
and not necessarily Shire. The Shire collects personal information you
provide in accordance with its Privacy Policy, the Privacy and Data
Protection Act 2014 and the Health Records Act 2001. The personal
information you provide will be used by the Shire for the purpose it was
provided and it may be used for a related secondary purpose that you would
expect. You may access the personal information you have provided to the
Shire at any time and make corrections if you believe that information is
incorrect. The Shire’s Privacy Policy can be viewed on the Shire’s website
at [11]mornpen.vic.gov.au/PrivacyStatement
[12]Consider the Environment
References
Visible links
1. mailto:[Mornington Peninsula Shire Council request email]
3. mailto:[Mornington Peninsula Shire Council request email]
4. https://www.mornpen.vic.gov.au/
5. https://www.facebook.com/mornpenshire
6. https://www.instagram.com/ourpeninsula/
7. mailto:[FOI #13141 email]
8. mailto:[Mornington Peninsula Shire Council request email]
9. https://cas5-0-urlprotect.trendmicro.com...
10. https://cas5-0-urlprotect.trendmicro.com...
11. https://www.mornpen.vic.gov.au/PrivacySt...
Dear Joe Public,
Your freedom of information request
I refer to your Freedom of Information request received on 9 May 2025 in
which you requested:
“Under the Freedom of Information Act 1982, I request documents from
Mornington Peninsula Shire Council regarding the assessment of land use at
109 Tyabb Tooradin Road, Somerville.
Specifically, I seek:
Assessment Information:
Council reports, site visit notes, or evaluations since July 2024.
Methodology and criteria used for classifying the site as "market garden
preparation."
Any expert agricultural advice related to this classification.
Decision Records:
Meeting minutes discussing the land use classification.
Documentation supporting the agricultural classification.
Records assessing fill material volume.
Planning Documentation:
Permits issued or applications received since July 2024.
Environmental assessments or EPA consultations.
Compliance Records:
Records of compliance investigations.
Enforcement actions considered or taken.
Council's official stance on whether operations require planning permits.
This request excludes personal or commercially sensitive information.
Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment”.
You are making a request under the Freedom of Information Act 1982 (Vic)
(FOI Act), however currently your request is not valid under section 17 of
the FOI Act because you have not paid the paid the application fee of
$32.70 and it is not clear and specific enough for us to identify the
documents you have requested.
This means we cannot start processing your request until you pay the
application fee or request a fee waiver and give us more information about
your request.
Paying the application fee
To proceed with your request, please pay the application fee of $32.70* by
one of the following methods:
o [1]Online via credit card
o Phone (by credit card) accepted 8.30am – 5pm Monday to Friday: 1300
850 600
o Mail: cheque payable to Mornington Peninsula Shire and addressed to
Private Bag 1000, Rosebud, 3939 please quote 550/25.
o In person at any of the [2]Shire Customer Service Centres
* The application fee is $32.70 as of 1 July 2024.
Requesting a fee waiver or reduction
If paying the application fee would cause hardship, you may ask us to
waive or reduce it. To do this, please provide supporting information so
we can assess your eligibility for a fee waiver or reduction. Supporting
information may include a copy of a current concession or health care
card.
Your request requires clarification
For your request to be valid under section 17 of the FOI Act, it must
provide enough information about the documents you asked for so we can
properly identify them.
If the terms of a request are not sufficiently clear, it will not comply
with section 17 of the FOI Act and we cannot process it.
In its present form, I consider that your request does not meet the
requirement provided for in section 17 of the FOI Act. Without further
clarification it may not be possible to identify all of the documents
which you are seeking to access.
Under section 17(3) of the FOI Act I have a duty to help you frame your
request in such a way that it complies with section 17(2). Accordingly, I
invite you to clarify your request so as to enable this office to identify
the documents sought.
To assist you in the clarification of the terms of your request, the
following information has been provided and questions posed:
o Please provide a date range, overall, for the documents you are
seeking or for each category of documents.
o I note that, for the below two categories you have advised that you
are seeking documents “since July 2024”. I assume that for these two
categories of documents you are seeking documents up to 9 May 2025
(the date you lodged your Freedom of Information request). Please
confirm.
o Council reports, site visit notes, or evaluations since July
2024.
o Permits issued or applications received since July 2024.
o It is unclear what you mean by “Documentation supporting the
agricultural classification”. As permits and applications are
stipulated under your Planning Documentation category, I interpret
your request for “Documentation supporting the agricultural
classification” to mean “delegate reports”. Please confirm.
o Your request for “Records of compliance investigations” I would
interpret to mean as a request for the following documents:
o Emails and letters received by Council’s Planning Compliance team
from members of the public raising complaints or concerns
o Emails or memos received by Council’s Planning Compliance team
sent internally by other Council officers public raising
complaints or concern.
o File notes of the Planning Compliance team
o Emails and letters between Council’s Planning Compliance team and
the owners or operators of the property at 109 Tyabb-Tooradin
Road, Somerville
o It is unclear as to the documents you are seeking for “Enforcement
actions considered or taken”. Given the context of your request
overall, I would interpret you are seeking the following documents
concerning any deliberation over “enforcement actions considered”:
o Internal Council emails and memos sent by or received from
officers of Council’s Planning Compliance team
o Internal Council emails and memos sent by or received from
officers of Council’s Environmental Health team
and for enforcement actions taken it is thought the documents you are most
likely seeking are:
o Planning infringement notices
o VCAT enforcement orders
Please confirm.
o It is unclear as to the documents you are seeking with regards to
“Council's official stance on whether operations require planning
permits”. It is thought that the documents you are most likely
seeking for this category of documents concern the outcome of
compliance investigations and would be as follows:
o Planning Compliance file notes
o Letters or emails sent to the property owners or operators
notifying of the outcome of Planning Compliance investigations.
Please confirm.
o Your reference to
“Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment”.
I interpret to be providing context for your request overall, and not a
request for any additional documents other than those requested earlier in
your request. Please confirm.
What you need to do
Please pay the application fee of $32.70 using the payment methods
outlined above, or provide evidence of hardship for a fee waiver or
reduction. Please also clarify your request so we can process it.
If you have any questions about the application fee or requesting a fee
waiver or reduction, or about clarifying your request, please contact us
at [3][email address] or on (03) 5950 1926 and quote FOI 550/25.
If we do not hear from you by 28 June 2025, we may close your request
without processing it. If we close your request without processing it,
you will need to make a new request if you wish to access the documents.
If you have any questions, please also contact us on (03) 5950 1926 or
email us at [4][Mornington Peninsula Shire Council request email] and quote 550/25.
Thank you.
Kind regards,
Rachel
RACHEL STOCKS | Governance Officer
Email: [6][email address]
Phone: 03 5950 1926
[5]MPS Work days: Monday to Friday
Private Bag 1000, Rosebud VIC 3939 | 90 Besgrove Street, Rosebud
VIC 3939
Follow us on social [7]mornpen.vic.gov.au[8]Facebook[9]Instagram
media!
[10]Latest News
Mornington Peninsula Shire acknowledges and pays respect to the Bunurong
people,
the Traditional Custodians of these lands and waters.
We are committed to carbon neutrality.
From: FOI <[email address]>
Sent: Wednesday, May 14, 2025 6:38 PM
To: [FOI #13141 email]
Cc: FOI <[email address]>
Subject: FOI 550/25 - FW: Freedom of Information request - 109 Tyabb
Tooradin Rd Somerville designation as "Market Garden" activity. -
Acknowledgement
Dear Joe Public,
Acknowledgement of Freedom of Information request
I refer to your correspondence received on 9 May 2025 seeking access to
documents under the Freedom of Information Act 1982 (Vic) (the FOI Act):
“Under the Freedom of Information Act 1982, I request documents from
Mornington Peninsula Shire Council regarding the assessment of land use at
109 Tyabb Tooradin Road, Somerville.
Specifically, I seek:
Assessment Information:
Council reports, site visit notes, or evaluations since July 2024.
Methodology and criteria used for classifying the site as "market garden
preparation."
Any expert agricultural advice related to this classification.
Decision Records:
Meeting minutes discussing the land use classification.
Documentation supporting the agricultural classification.
Records assessing fill material volume.
Planning Documentation:
Permits issued or applications received since July 2024.
Environmental assessments or EPA consultations.
Compliance Records:
Records of compliance investigations.
Enforcement actions considered or taken.
Council's official stance on whether operations require planning permits.
This request excludes personal or commercially sensitive information.
Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment”.
Your request has been allocated to FOI request number 550/25. Please
include your FOI request number in all correspondence.
The Council is considering your request and will be in touch.
If you have any questions, please contact us on (03) 5950 1926 or email us
at [11][Mornington Peninsula Shire Council request email] and quote 550/25.
Kind regards,
Governance Officer
Email: [13][Mornington Peninsula Shire Council request email]
Phone: 03 5950 1000
[12]MPS Work days: Monday to Friday
Private Bag 1000, Rosebud VIC 3939 | 90 Besgrove Street, Rosebud
VIC 3939
Follow us on [14]mornpen.vic.gov.au[15]Facebook[16]Instagram
social media!
-----Original Message-----
From: Joe Public <[17][FOI #13141 email]>
Sent: Friday, May 9, 2025 12:42 PM
To: FOI <[18][Mornington Peninsula Shire Council request email]>
Subject: Freedom of Information request - 109 Tyabb Tooradin Rd Somerville
designation as "Market Garden" activity.
Dear FOI Officer,
Under the Freedom of Information Act 1982, I request documents from
Mornington Peninsula Shire Council regarding the assessment of land use at
109 Tyabb Tooradin Road, Somerville.
Specifically, I seek:
Assessment Information:
Council reports, site visit notes, or evaluations since July 2024.
Methodology and criteria used for classifying the site as "market garden
preparation."
Any expert agricultural advice related to this classification.
Decision Records:
Meeting minutes discussing the land use classification.
Documentation supporting the agricultural classification.
Records assessing fill material volume.
Planning Documentation:
Permits issued or applications received since July 2024.
Environmental assessments or EPA consultations.
Compliance Records:
Records of compliance investigations.
Enforcement actions considered or taken.
Council's official stance on whether operations require planning permits.
This request excludes personal or commercially sensitive information.
Public Interest:
Protection of Green Wedge land.
Effective enforcement of planning regulations.
Impact on community and environment.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[19][FOI #13141 email]
Is [20][Mornington Peninsula Shire Council request email] the wrong address for Freedom of Information
requests to Mornington Peninsula Shire Council? If so, please contact us
using this form:
[21]https://cas5-0-urlprotect.trendmicro.com...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[22]https://cas5-0-urlprotect.trendmicro.com...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
DISCLAIMER: This email (and attachments) is for the intended recipient
only and may contain privileged, confidential or copyright information. If
received in error, please notify sender immediately and delete. Any other
use is prohibited. Shire accepts no liability for damage caused by this
email (and attachments) due to viruses, corruption, delay, interruption,
unauthorised access or use. Views expressed are those of the individual
and not necessarily Shire. The Shire collects personal information you
provide in accordance with its Privacy Policy, the Privacy and Data
Protection Act 2014 and the Health Records Act 2001. The personal
information you provide will be used by the Shire for the purpose it was
provided and it may be used for a related secondary purpose that you would
expect. You may access the personal information you have provided to the
Shire at any time and make corrections if you believe that information is
incorrect. The Shire’s Privacy Policy can be viewed on the Shire’s website
at [23]mornpen.vic.gov.au/PrivacyStatement
[24]Consider the Environment
References
Visible links
1. https://urldefense.com/v3/__https:/pay.m...
2. https://urldefense.com/v3/__https:/www.m...
3. mailto:[email address]
4. mailto:[Mornington Peninsula Shire Council request email]
6. mailto:[email address]
7. https://www.mornpen.vic.gov.au/
8. https://www.facebook.com/mornpenshire
9. https://www.instagram.com/ourpeninsula/
10. https://www.mornpen.vic.gov.au/emailcamp...
11. mailto:[Mornington Peninsula Shire Council request email]
13. mailto:[Mornington Peninsula Shire Council request email]
14. https://www.mornpen.vic.gov.au/
15. https://www.facebook.com/mornpenshire
16. https://www.instagram.com/ourpeninsula/
17. mailto:[FOI #13141 email]
18. mailto:[Mornington Peninsula Shire Council request email]
19. mailto:[FOI #13141 email]
20. mailto:[Mornington Peninsula Shire Council request email]
21. https://cas5-0-urlprotect.trendmicro.com...
22. https://cas5-0-urlprotect.trendmicro.com...
23. https://www.mornpen.vic.gov.au/PrivacySt...