Change to Residential Growth Zone (RGZ1) and Instrument of Delegation

The request was successful.

Dear Ballarat City Council,

1.This request is made pursuant to Section 17 of the FOI Act, (Victoria).

2.I request a copy of correspondence , if any, sent to all affected proprietors , either by the Ballarat City Council in its own right or as agent for the State of Victoria, advising that zoning of their properties had altered( or was being altered and invited submissions for or against) from' Residential' to 'Residential Growth'.

On the 13th of April last, the Director of Planning reported to the Delegated Planning Committee Meeting that the change occurred in 2014 with an amendment in 2015. I am unable to verify these dates.

3. The geographic area affected is able to be loosely described as within the area to the east of Ballarat Grammar School, to the north by Norman Street, to the south by Howitt Street and to the west by Gillies. and contains a few excluded areas, eg Stockland Shopping Centre..

4. Also requested are copies of the documents indirectly referred to in the Instrument of Delegation from Council latest iteration to each person appointed from time to time as a member of the Planning Delegated Committee and includes under' Powers and Functions' :,'relevant policies and guidelines expressed in the introduction, at item 1, the 'Planning Committee Terms of Reference' ,and, at item 2.3:' guidelines or policies which from time to time Council adopts.'

Yours faithfully,

Peter Berlyn

Info@Ballarat.vic.gov.au, Ballarat City Council

Thank you for contacting the City of Ballarat.

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Sarah Cuthbert, Ballarat City Council

OFFICIAL

 

Good afternoon,

 

Thank you for your below email.

 

An application fee of $30.10 is applicable if you are wishing to request
information under the Freedom of Information Act 1982.

 

This fee can be paid via customer service:

 

By phone:                           (03) 5320 5500

 

In person:                           The Phoenix, 25 Armstrong Street,
Ballarat, 3350

 

Or via post:                        PO Box 655, Ballarat, Vic 3353

 

Once the application fee is received, Council can commence assessing your
request for information.

 

If you have any questions, please feel free to call me on 5320 5659.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
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[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

 

OFFICIAL

From: Peter Berlyn <[FOI #8844 email]>
Sent: Monday, 2 May 2022 11:42 AM
To: [email address]
Subject: Freedom of Information request - Change to Residential Growth
Zone (RGZ1) and Instrument of Delegation

 

Dear Ballarat City Council,

1.This request is made pursuant to Section 17 of the FOI Act, (Victoria).

2.I request a copy of correspondence , if any, sent to all affected
proprietors , either by the Ballarat City Council in its own right or as
agent for the State of Victoria, advising that zoning of their properties
had altered( or was being altered and invited submissions for or against)
from' Residential' to 'Residential Growth'.

On the 13th of April last, the Director of Planning reported to the
Delegated Planning Committee Meeting that the change occurred in 2014 with
an amendment in 2015. I am unable to verify these dates.

3. The geographic area affected is able to be loosely described as within
the area to the east of Ballarat Grammar School, to the north by Norman
Street, to the south by Howitt Street and to the west by Gillies. and
contains a few excluded areas, eg Stockland Shopping Centre..

4. Also requested are copies of the documents indirectly referred to in
the Instrument of Delegation from Council latest iteration to each person
appointed from time to time as a member of the Planning Delegated
Committee and includes under' Powers and Functions' :,'relevant policies
and guidelines expressed in the introduction, at item 1, the 'Planning
Committee Terms of Reference' ,and, at item 2.3:' guidelines or policies
which from time to time Council adopts.'

Yours faithfully,

Peter Berlyn

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Dear Ballarat City Council,
Following a community meeting of objectors last evening I appear to need to modify the supporting information previously given to you.
Originally I expressed that there was apparently a change from Residential to Residential Growth in 2014 with an amendment in 2015. I was told last night that one of the planning officers had told one of last night's participants that the starting zoning in 2014 was Medium Density. Again, no one claims to have been aware of a change from Residential to Medium Density.
I was also told last night that the Planning Director had orally expressed that the subsequent zoning amendment date was 2017, not 2015 as I had recorded it. I have been unable , so far to attempt to verify whether this was my error or that of my informant.
Nevertheless , my material request remains as submitted now expressed differently than submitted. It is to obtain documents, if any, issued to proprietors of land within the subject large parcel of land that informed them of ALL zoning changes and/or amendments commencing from when the operative zoning was Residential only.

Yours faithfully,

Peter Berlyn

Info@Ballarat.vic.gov.au, Ballarat City Council

Thank you for contacting the City of Ballarat.

Your email will be forwarded to the appropriate department for action.
Should you require immediate attention please call Customer Service on 03
5320 5500.

Council’s business hours are Monday to Friday from 8:15am to 5.00pm. For
emergency assistance outside of hours, please call on 03 5320 5500 and
select option 1.

Please visit council’s [1]eServices system to make payments or to lodge
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If your email relates to an infringement appeal, this can take up to 90
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Please note: Your personal information is being collected by City of
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Dear Ballarat City Council,

I refer to the FOI request that you are presently dealing with and wish to appraise you with additional information that is likely to assist and limit the time span of your research.

It is that on the 6th of May 2010 the subject geographic area around the centre of Park Street was zoned Residential 1. This is reliable factual information and establishes that at least one change was made subsequent to that date and, according to a Planning Officer of the City of Ballarat, two.Viz from Resident 1 to Residential Medium Density to the present Residential Growth.
I have previously expressed that the Planning Director of the City speculated on the uncertainty as to which entity , if any, notified the land proprietors of the change/s and posited that it may have been Melbourne or perhaps Ballarat. I will now posit that there is a logic that suggests that if Melbourne had the responsibility to give such a notice, then it is likely that the City did the distribution using its data base of names and addresses of those affected. I may be wrong because I don't have factual knowledge of the reach of computer software so it is equally possible that the data base of the State Revenue Office , Land Tax Department may have been used.
Depending on what document/s ( if any) is located one or more dates will be exposed and on this basis, I wish to amend my FOI request to include documentary evidence ( if any) that expresses which entity ( if any) had the responsibility for consulting, receiving objections and giving notice of the aforementioned one or two changes remembering that a number of old time residents claim not to have ever received anything.

Yours faithfully,

Peter Berlyn

Info@Ballarat.vic.gov.au, Ballarat City Council

Thank you for contacting the City of Ballarat.

Your email will be forwarded to the appropriate department for action.
Should you require immediate attention please call Customer Service on 03
5320 5500.

Council’s business hours are Monday to Friday from 8:15am to 5.00pm. For
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select option 1.

Please visit council’s [1]eServices system to make payments or to lodge
customer service requests. For news and information please visit our
website or keep up to date by following us on [2]Facebook | [3]Twitter |
[4]Instagram | [5]YouTube | [6]mySay

If your email relates to an infringement appeal, this can take up to 90
days to process and a response will be returned to you via mail.

Please note: Your personal information is being collected by City of
Ballarat for the purpose of registering your email. Your information will
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information. For further information on how your personal information is
handled, refer to Council's Privacy Policy at [7]www.ballarat.vic.gov.au

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Sarah Cuthbert, Ballarat City Council

1 Attachment

OFFICIAL

Good afternoon,

 

Please find attached correspondence.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

OFFICIAL

Attention: This message is intended only for the use of the individual or
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Dear Sarah Cuthbert,

Please tell me the final determined day for the formal response.

Thank you

Yours sincerely,

Peter Berlyn

Sarah Cuthbert, Ballarat City Council

OFFICIAL

 

Hi Peter,

 

Council must provide you with 21 days from the date the clarification
letter was sent. This makes it 6 June 2022.

 

However, I want to work with you to ensure that you are able to submit a
valid request, therefore if you require further time, please just advise
me and we can work together to get your request submitted and responded
to.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

 

OFFICIAL

From: Peter Berlyn <[FOI #8844 email]>
Sent: Monday, 30 May 2022 7:52 PM
To: Sarah Cuthbert <[email address]>
Subject: Re: FOI Request 40-2122SC - Clarification required

 

Dear Sarah Cuthbert,

Please tell me the final determined day for the formal response.

Thank you

Yours sincerely,

Peter Berlyn

-----Original Message-----

OFFICIAL

Good afternoon,

 

Please find attached correspondence.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353

P: (03) 5320 5659 | [1][7]www.ballarat.vic.gov.au

[2]City of Ballarat Logo

[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land

we live and work on, the Wadawurrung and Dja Dja Wurrung People, and

recognises their continuing connection to the land and waterways. We pay

our respects to their Elders past, present and emerging and extend this to

all Aboriginal and Torres Strait Islander People

OFFICIAL

Attention: This message is intended only for the use of the individual or

entity named above and may contain information that is confidential and

privileged. If you have received this e-mail in error, please notify the

sender immediately and delete the message. Any views or opinions presented

are solely those of the author.

References

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-------------------------------------------------------------------

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-------------------------------------------------------------------

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hide quoted sections

Dear Sarah Cuthbert,

The 6th of June is fine and I will look to receive it on or before that day.

Yours sincerely,

Peter Berlyn

Sarah Cuthbert, Ballarat City Council

1 Attachment

OFFICIAL

 

Good morning,

 

I just want to clarify that Council is awaiting your response to the
clarification letter which was sent to you on 16 May 2022 (attached).

 

The 6 June is when a response to Council’s request for clarification is
due from yourself.

 

I just wanted to make sure we are both on the same page, as your last
email indicates that you are expecting to receive something further from
Council which is not the case.

 

If you have any questions at all, please don’t hesitate to contact me.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

 

OFFICIAL

From: Peter Berlyn <[FOI #8844 email]>
Sent: Thursday, 2 June 2022 10:04 AM
To: Sarah Cuthbert <[email address]>
Subject: RE: FOI Request 40-2122SC - Clarification required

 

Dear Sarah Cuthbert,

The 6th of June is fine and I will look to receive it on or before that
day.

Yours sincerely,

Peter Berlyn

-----Original Message-----

OFFICIAL

 

Hi Peter,

 

Council must provide you with 21 days from the date the clarification

letter was sent. This makes it 6 June 2022.

 

However, I want to work with you to ensure that you are able to submit a

valid request, therefore if you require further time, please just advise

me and we can work together to get your request submitted and responded

to.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353

P: (03) 5320 5659 | [1][7]www.ballarat.vic.gov.au

[2]City of Ballarat Logo

[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land

we live and work on, the Wadawurrung and Dja Dja Wurrung People, and

recognises their continuing connection to the land and waterways. We pay

our respects to their Elders past, present and emerging and extend this to

all Aboriginal and Torres Strait Islander People

 

OFFICIAL

From: Peter Berlyn <[FOI #8844 email]>

Sent: Monday, 30 May 2022 7:52 PM

To: Sarah Cuthbert <[email address]>

Subject: Re: FOI Request 40-2122SC - Clarification required

 

Dear Sarah Cuthbert,

Please tell me the final determined day for the formal response.

Thank you

Yours sincerely,

Peter Berlyn

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[8][FOI #8844 email]

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:

[9]https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

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hide quoted sections

Dear Sarah Cuthbert,
Hello Sarah.

This Right To Know is not very user friendly. I cannot read the text of your communication as I type and if I refer to another document outside the system,I lose everything that I have already typed. There are other problems as well because it is disjointed, has duplication and is fragmented .I doubt whether I will continue with it after I finish the existing requests.

To respond to your Point One, I seek copies of all ( if any ) formal communications to the roughly 350 affected properties in the defined geographic area that informed, invited contribution, offered an objection process relating to the two zoning changes from May 2010 where I have documentary evidence that it was Residential One through a change to Residential Medium Density and finally to the present zoning of Residential Growth. The window appears to be about five years.

My attempt is to prove , or disprove with certainty through FOI the assertions of more than 70 residents that they were never consulted or informed. My personal experience doesn't go back to May 2010 because we bought 21 Park Street with Residential Growth Zoning so I knew from day one.

I am running a similar FOI process with DELWP to cover all bases because the Planning Director told the Councillors on the 13th of April that she didn't know the answers. The DELWP has given interim advice that it doesn't have any documents to supply and its formal advice is to be supplied tomorrow.

As to you Point Two, , I took the description from the actual Instrument of Delegation and asked my question in an attempt to capture details of ALL relevant documents. I knew about all or most of what you have identified but there is nothing to evidence that what I know about is finitely definitive. My expectation is that you will list all that are relevant, indicate which of them are available on the website and supply any that are relevant but not otherwise disclosed.

Thank you. Please seek further clarification if necessary

Yours sincerely,

Peter Berlyn

Sarah Cuthbert, Ballarat City Council

1 Attachment

OFFICIAL

Good afternoon,

 

Please find attached correspondence.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

OFFICIAL

Attention: This message is intended only for the use of the individual or
entity named above and may contain information that is confidential and
privileged. If you have received this e-mail in error, please notify the
sender immediately and delete the message. Any views or opinions presented
are solely those of the author.

References

Visible links
1. https://www.ballarat.vic.gov.au/
2. https://www.ballarat.vic.gov.au/
3. https://www.ballarat.vic.gov.au/reconcil...
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Dear Sarah Cuthbert,

Your communication of the 7th June appears to be simply a regurgitation of everything that went before it.
I do not have a sense that it is a material contribution to the issue but an example of obscurantism.

I mean no disrespect to you because you maybe the puppet of which the strings are being pulled by someone else. Maybe, in time, all will be revealed.

Yours sincerely,

Peter Berlyn

Dear Sarah Cuthbert,

Please tell me the actual day that the Council has determined is the final day for the formal response. and I will put it in my diary.

If Council needs any further information or elaboration, please tell me what it is.

No more obscuration please.

Yours sincerely,

Peter Berlyn

Sarah Cuthbert, Ballarat City Council

1 Attachment

OFFICIAL

 

Hi Peter,

 

As per the acknowledgement letter that was sent to you 7 June 2022, the
due date for Council to make a decision on your request is 2 July 2022.

 

I have attached this letter again for your convenience and to assure you
that Council is in no way attempting to be obscure with the processing of
your FOI request.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

 

OFFICIAL

From: Peter Berlyn <[FOI #8844 email]>
Sent: Friday, 10 June 2022 4:39 PM
To: Sarah Cuthbert <[email address]>
Subject: Re: FOI Request 40-2122SC - Acknowledgement letter

 

Dear Sarah Cuthbert,

Please tell me the actual day that the Council has determined is the final
day for the formal response. and I will put it in my diary.

If Council needs any further information or elaboration, please tell me
what it is.

No more obscuration please.

Yours sincerely,

Peter Berlyn

-----Original Message-----

OFFICIAL

Good afternoon,

 

Please find attached correspondence.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353

P: (03) 5320 5659 | [1][7]www.ballarat.vic.gov.au

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The City of Ballarat acknowledges the Traditional Custodians of the land

we live and work on, the Wadawurrung and Dja Dja Wurrung People, and

recognises their continuing connection to the land and waterways. We pay

our respects to their Elders past, present and emerging and extend this to

all Aboriginal and Torres Strait Islander People

OFFICIAL

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hide quoted sections

Dear Sarah Cuthbert,
I wear my cynicism on my sleeve Sarah.
Consider things from my perspective.
The question was asked of Ms Robertson at the April meeting by a Councillor and her reply included that she believed that letters would have been sent to affected residents but couldn't be certain because it predated her employment at Council. Nevertheless she would research and report.
There was no such report in May included in the agenda papers.
At the June meeting she said that an advertisement was put into the media alerting affected people that they could make submissions in a process of community consultation.
Turn now to my FOI requests. I made two at the same time supplying the same request and information, which I progressively refined to narrow the window from my own research.
DELWP sent me about 40 pages of documents at the beginning of the week. giving most of the information that I was seeking and I used that as a resource when formulating my submission. The City Council, however, needed further clarification on the day of the Committee meeting , what a coincidence, and now I am told that it needs to wait until the 2nd of July before it can tell me what Ms Robertson told the Chamber on the 8th of June.
The date of the 2nd of July is the last day for an agency to formally respond, not a fixed last date for a formal response.

It all fails the Pub Test, for me ,Sarah.

If you can see it another way, please tell me how.

Ask your self , for instance, why the City needs an extra month on top of the time taken by DELWP.

I previously told you that the Right To Know was disjointed and clunky but it does have the benefit of exposing all correspondence in the public domain.for many people with an interest in the City of Ballarat to see for themselves how it responds to FOI requests.

Yours sincerely,

Peter Berlyn

Sarah Cuthbert, Ballarat City Council

1 Attachment

OFFICIAL

Good afternoon,

 

Please find attached correspondence.

 

Kind regards,

 

Sarah Cuthbert | Acting Statutory Compliance Officer

City of Ballarat | PO Box 655, Ballarat VIC 3353
P: (03) 5320 5659 | [1]www.ballarat.vic.gov.au

[2]City of Ballarat Logo
[3][IMG]

[4]Sign up for news updates | [5]Join us on Facebook | [6]Have your say

The City of Ballarat acknowledges the Traditional Custodians of the land
we live and work on, the Wadawurrung and Dja Dja Wurrung People, and
recognises their continuing connection to the land and waterways. We pay
our respects to their Elders past, present and emerging and extend this to
all Aboriginal and Torres Strait Islander People

OFFICIAL

Attention: This message is intended only for the use of the individual or
entity named above and may contain information that is confidential and
privileged. If you have received this e-mail in error, please notify the
sender immediately and delete the message. Any views or opinions presented
are solely those of the author.

References

Visible links
1. https://www.ballarat.vic.gov.au/
2. https://www.ballarat.vic.gov.au/
3. https://www.ballarat.vic.gov.au/ourballa...
4. https://www.ballarat.vic.gov.au/news/sub...
5. https://www.facebook.com/BallaratCityCou...
6. https://mysay.ballarat.vic.gov.au/?utm_s...