Carrying value of Council owned property formerly known as Seaforth TAFE.

Michael Peters made this Government Information (Public Access) request to Manly Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Michael Peters

Dear Manly Council,

A number of public statements have recently been made regarding the value to Manly Municipality of the site formerly known as the Seaforth TAFE site (land and building/s)  - to support these statements please provide the following document/s or give reason/s for not doing so:

A number of public statements have recently been made regarding the value to Manly Municipality of the property formerly known as the Seaforth TAFE site (land and building/s)  - to support these statements please provide the following document/s or give reason/s for not doing so:

A document or documents which in their totality either/or summarise, support, substantiate and confirm
- the dollar value and
- method/basis of valuation
of the property owned by Manly Council commonly known as the former Seaforth TAFE.

Such document or documents would detail each of the
- commercial lettable (reference to formal lease documents) and
- Council/community
areas, each further divided into:
- land and
- buildings
components and show the value/s used and verified by supporting calculations including how the carrying value is determined for accounting and financial reporting purposes of Manly Council.

Document/s such as those requested, would necessarily be a requirement for internal control and statutory reporting purposes.

The requested separate values for each of land and buildings on this site, further divided whether held for commercial leasing or Council/community use, when summed, would equal the value of the whole of the former Seaforth TAFE property.  
I look forward to your earliest response.
Yours faithfully,
Michael Peters

donotreply,

Dear Sir/Madam,

Your email has been received by Manly Council and registered in our document management system.
If your email requires an action by Council it will be referred to an Officer for action and a response back to you.

This message has been automatically generated. Do not reply to this message.

Yours faithfully,

Public Officer
Manly Council

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Shauna Villis,

1 Attachment

MC/15/ 109021.
Dear Mr Peters

Thank you for your request for information regarding the above property.

Manly Council only accepts requests for information submitted on Manly Council approved Access to Information application forms (available on the Manly Council website) and lodged via
[email address] . Hard copy forms may be obtained from Town Hall, 1 Belgrave Street, Manly and lodged by post or in person. I attach a copy of this application for your convenience.

To enable me to process your request, please complete the Access to Information form available from http://www.manly.nsw.gov.au/council/acce..., selecting either a DA Application or General Application form and return to [email address] . I have provided a link to Council’s Schedule of Fees and Charges, http://www.manly.nsw.gov.au/council/fees..., for your information.

You can read more about the Access to Information process on our website http://www.manly.nsw.gov.au/council/acce....

Kind Regards,

Shauna Villis
Access to Information Officer
E: [email address]
P: 99761500
1 Belgrave Street Manly NSW 2095
D: 02 9976 1688
F: 99761400
PO Box 82 Manly NSW 1655 [email address]

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Michael Peters left an annotation ()

Rather than responding to my initial request through RTK, Manly Council has requested I now complete a signed General Information Access Request Form together with a $30 fee (so much for free freedom).
The form asks for my address and email address with a check box for "I agree to recieve [sic} correspondence at the above email address" which I do.
HOWEVER, if I put my email address MC will respond by-passing RTK as MC's response will have a foot noted imposition/restriction on how I can/cannot use the information disclosed - such imposition/restriction is/was not agreed to by me.
Possible solution: I have a RTK email address at the foot of which would be antithesis of Manly Council's imposed restrictions???
Manly Council footnote at the bottom of the email received by RTK seems to be standard for this type of request:
Quote:
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Re-transmitting or re-publishing the content of this email in any media format without the express permission of the Author is strictly prohibited.
If you have received this email in error please notify Manly Council immediately. Information transmitted via email may be subject to corruption by the process. Information contained in this email should not be relied upon where loss, damage or injury is possible. Verified information should be obtained in writing directly from the authorised Council officers.
Unquote

Normal emails carry the following footnote:
Quote
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Re-transmitting or re-publishing the content of this email in any media format without the express permission of the Author is strictly prohibited.
Unquote

Any possible exposure to RTK?

Cheers?
Michael Peters

Henare Degan left an annotation ()

Hi Michael,

I've spoken to the NSW Information Commissioner's office before and they advised that filling out a form is not required - see my annotation on another request:

https://www.righttoknow.org.au/request/a...

However as you can see from that request the authority has not been helpful so you may want to proceed with a formal request and doing their paperwork for them by filling out their form.

If you do you're welcome to put the special Right To Know address for this request on it (I'll send that to you separately). We've never heard of an authority trying to claim their email responses to a Freedom of Information request are confidential but if they did we'd advise them not to do that:

https://www.righttoknow.org.au/help/offi...

Cheers,

Henare
Right To Know administrator

Michael Peters left an annotation ()

Hi Henare,

Thank you very much - I will use the RTK email address to complete the form together with $30 fee and an addendum to the form that it be refunded in the spirit of transparency.

Cheers,
Michael

Michael Peters left an annotation ()

Presented duly completed General Information Access Request Form as directed by Manly Council with my $30 only to told that it would be free, response could be quicker, I would not be able have the response reviewed or appealed, and to have that added feature, I would have to complete a GIPA Act 2009 Access Application which has the initial financial barrier of $30 and which I have duly submitted today.
Also applied for discount in processing charges ticking the special benefit to the public box giving the reason "Disclosure of this information will support and substantiate claims made publicly" and "Applicant has no personal vested interest in the land or buildings other than seeking clarification and understanding of claimed community financial benefits"

Dear Shauna Villis,

Thank you for sending to my residential address Council's "Your Application for Access to Government Information" standard letter referenced MC/15/114682-GF10/15 dated 14/9/2015 together with the informative fact sheet dated May 2013 from the information and privacy commission, new south wales, "Your review rights under the GIPA Act".

In order to maintain integrity and continuity, I respectfully seek Council's cooperation by requesting that any future communication from Council, dealing with my request "Carrying value of Council owned property formerly known as Seaforth TAFE", be directed to the email address specifically supplied in the original Access Application which was dated and submitted on 10/9/2015.

Thank you for advising that Council's decision must be decided by 8/10/2015 as stated in Council's above letter.

Yours sincerely,

Michael Peters

Dear Shauna Villis,

Receipt on 9/10/2015 of Council's letter dated 6/10/2015, MC/15/115494 - GF10/15, is acknowledged confirming the information access application previously submitted titled "Carrying value of Council owned property formerly known as Seaforth TAFE" is valid, originally advising that it must be decided by 8/10/15 but now Council requires a further 10 (working) days to take reasonable steps to consult third parties (as allowed by s54 Government Information (Public Access) Act 2009) resulting in the application will now be decided by 22/10/2015.

Council's attention is drawn to the original Access Application form dated 10/9/2015, in 1., the Your Details section, to a line item for an email address, which was duly completed, together with a box, which was X'ed "I agree to receive correspondence at the above email address".

It is reaffirmed that the Applicant has requested that this email be used in this and all future correspondence.

In case the Applicant has misunderstood why this provision is detailed in the Access Application form and what purpose it serves, please advise why this request cannot be acceded to.

Yours sincerely,

Michael Peters

Dear Shauna Villis,

Thank you for the mailing Council's Notice of Decision due on 20/10/2015, dated 22/10/2015 received on 27/10/2015.

It is pointed out that this was not in accordance with either:
 - my expressed indication "X" "I agree to receive correspondence at the above email address" (which email address is clearly indicated in the Applicant Details section of the original completed Request Form dated 10/9/2015) or
 - repeated requests for above in subsequent correspondence, including this one, and
 - repeated requests for a reason or explanation why this was not carried out have not been responded to to-date.

In section 2 of the Notice it is stated that documents in the Schedule of Documents will be released and interpreting the wording dated 20/10/2015 in the Table of Processing Charges, can it be assumed that these are ready and available for collection at Council Chambers upon payment (which will be made under protest) of $60.00?

Yours sincerely,

Michael Peters

Shauna Villis,

Mc/15/114682
Dear Mr Peters

The documents that have been released to you as the outcome of your formal access request are now ready for collection on payment of the scheduled fee being $60.00. The Notice of Decision was posted to you because Council sends all Notices of Decision to the postal address provided by Applicants on their application forms.

Kind Regards
Shauna

Shauna Villis
Access to Information Officer
E: [email address]
P: 99761500
1 Belgrave Street Manly NSW 2095
D: 02 9976 1688
F: 99761400
PO Box 82 Manly NSW 1655 [email address]

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