Copy of DA and BA for flats at 3 Lachlan Street, Warwick Farm

John Mckee made this Government Information (Public Access) request to Liverpool City Council

The request was partially successful.

From: John Mckee

Delivered

Dear Liverpool City Council,

Copies of DA and BA with plans for existing flat building at 3 Lachlan Street, Warwick Farm please.

Yours faithfully,

John Mckee

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From: Julie Heard
Liverpool City Council


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Dear Mr Mckee,

 

RE:  Informal Request for Information under the Government Information (Public
Access) Act 2009

 

I refer to your Informal Request for Information under the Government
Information (Public Access) Act 2009 received by Liverpool City Council on
29 May 2017.  I confirm that you have requested plans for 3 Lachlan
Street, Warwick Farm.

 

Under the Government Information (Public Access) Act 2009, Council must
respond to your informal request within a reasonable period of time. 
Please note, however, that there may be some delay because it may be
necessary to retrieve files from Council Archives which are stored off
site.

 

I note that you have sought plans for the property listed above. As per
the copyright details supplied on the Council application form which you
completed, copyright normally applies to the copying of plans under
section 36 of the Copyright Act (Cth) 1968).This law requires that Council
cannot copy documents for you, which are subject to copyright, without the
express written consent of the any copyright owner(s) of the documents
that you are seeking. If the plans are subject to copyright, Council will
try to supply you with details of copyright owners whom you may contact
for Council to copy the documents for you. If you cannot obtain copyright
permission, Council can provide you the opportunity to view the relevant
plans. 

 

For further information, please contact Teresa Stambè, Access to
Information Officer on 9821 9298. 

 

Yours sincerely

 

Julie Heard

A/g Executive Assistant to Acting Director Corporate Services

 

[1]LCC-TGSW-DualBrand [2]LCC-TGSW_SMALL_logo_4colour_RGB

33 Moore Street, Liverpool NSW 2170
P: 9821 8832 |  F: 9821 9333 |  E: [3][email address]  |  W:
[4]www.liverpool.nsw.gov.au
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References

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From: Teresa Stambe
Liverpool City Council


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Attachment Redacted Signed copy Building Permit 94980 Three Storey brick flat building 4 Lachlan Street Liverpool Lot 4 DP1758.PDF.pdf
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Attachment Redacted copy 317AE 3 Certificate 4 Lachlan Street Liverpool Lot 4 DP1758.pdf
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Attachment Redacted Signed copy Consent to develop three storey residential flat building 3 Lachlan Street Liverpool Lot 4 DP13930.pdf
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Dear Mr Mckee,

 

RE:        Informal Request for Information under the Government Information
(Public Access) Act 2009

 

I refer to your Informal Request for Information under the Government
Information (Public Access) Act 2009 received by Liverpool City Council on
29 May 2017.  I confirm that you have requested consents and plans for 3
Lachlan Street, Warwick Farm.

 

Section 36 of the Copyright Act (Commonwealth) 1968 applies to this
Informal Request and protects copyright in relation to plans, technical
reports and documents.  Council is unable to reproduce the document you
have requested without the express written permission of the copyright
owner.  According to Council’s stored records the copyright owner/s of
the:

 

1.    Engineer Plan 632/80 is Anthony Rapiti, contact number 601 2061,
Liverpool.

2.    Structural Plan 949/80 is Ralph Iorfino, contact number 727 3915,
Cabramatta.

3.    Architectural Plan 949/80 is Anthony Rapiti. 

 

If you require a copy of the above document, you must obtain written
consent from the copyright owner for Council to reproduce the plan or
report and provide this consent to Council within 28 days of the date of
this letter. 

 

For your information you may need to check the current contact details of
the copyright owner from either whitepages.com.au or Australian Securities
and Investment Commission website - asic.gov.au.  Alternatively, you are
permitted to view the plans during business hours by appointment. 

 

In regards to your request for plans, schedule 1 (3) (2) (a) of the
Government Information (Public Access) Regulation 2009 applies to this
Informal Request because you are not the registered owner of the
property.  Council is unable to provide access to the floor plan without
the express written permission of the property owner. 

 

I have determined that, under the Government Information (Public Access)
Act 2009, you are entitled to access the following documents:

 

1.    Building Permit 949/80.

2.    Building Certificate.

3.    Consent to Develop 632/80. 

 

The listed documents are attached to this e-mail. 

 

In accordance with the requirements of clause 3(a) to the table of section
14 of the Government Information (Pubic Access) Act 2009, and section 18
of the Privacy and Personal Information Protection Act 1998, I have
removed any personal information of third parties from the information
provided to you.

 

If a response is not received within 28 days, we will close our file in
this matter.  

 

For further information, please contact Teresa Stambé, Access to
Information Officer on 9821 9298. 

 

Kind regards

 

Teresa Stambé

Access to Information Officer

 

[1]LCC-TGSW-DualBrand[2]LCC-TGSW_SMALL_logo_4colour_RGB

33 Moore Street, Liverpool NSW 2170
P: 9821 9298 |  F: 9821 9333 |  E:  [3][email address] |
 W: [4]www.liverpool.nsw.gov.au
[5]Facebook Icon-Square[6]Twitter Icon-Square[7]Youtube Icon-Square
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References

Visible links
1. http://www.liverpool.nsw.gov.au/
2. http://thegreatsouthw.com.au/
3. mailto:[email address]
4. http://www.liverpool.nsw.gov.au/
5. https://www.facebook.com/LiverpoolCityCo...
6. https://twitter.com/Lpool_Council
7. https://www.youtube.com/user/LivCouncil

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Locutus Sum left an annotation ()

This is an interesting decision because it makes a reference to copyright. I have not already seen this happen. Here, the council will not give a copy of some copyrighted documents to the applicant. If the applicant wishes to see the documents, they will have to view them at the council offices.

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Things to do with this request

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