Thank you for your email.

Did you know that you now have the option to contact us via our online
portal [1]Link

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There is no need to resubmit this enquiry through the portal - we are
working on it now.

Please contact our Customer Support team if you have any further enquires
on [2]1300 850 600.

CUSTOMER SERVICE | Mornington Peninsula Shire
Email: [4][Mornington Peninsula Shire request email]
Phone: [5]1300 850 600
[3]MPS     Private Bag 1000, Rosebud VIC 3939 | 90 Besgrove St, Rosebud
VIC 3939
Follow us on [6]mornpen.vic.gov.au [7]Facebook [8]Instagram
social media!
[9]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.

 
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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 [10]mornpen.vic.gov.au/PrivacyStatement

[11]Consider the Environment

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Dear Mr Enstein,

 

Acknowledgement of Freedom of Information request

I refer to your correspondence received on 21 May 2025 seeking access to
documents under the Freedom of Information Act 1982 the FOI Act:

I request access under the Freedom of Information Act 1982 to documents
relating to enforcement processes and communications regarding 109 Tyabb
Tooradin Rd, Somerville.

As a ratepayer concerned with consistent application of planning
regulations in our shire, I am seeking to understand the enforcement
decision-making process for properties in Green Wedge Zones, using this
specific case as an example.

 

DOCUMENTS REQUESTED:

 

Communications with Property Owners/Operators:

 

Correspondence between Council and Somerville Produce Pty Ltd or other
entities associated with 109 Tyabb Tooradin Rd since July 2024 Records of
any commitments, undertakings, or assurances provided by the property
owners/operators Documentation of response timeframes given to address any
identified issues

 

Enforcement Decision Records:

 

Internal correspondence, emails, or notes regarding enforcement decisions
for this property Records of any enforcement options considered and
reasons for selections made Documentation of risk assessments conducted
regarding potential non-compliance

 

Complaint Handling Process:

 

The procedural guidelines followed when assessing complaints about this
property Response protocols and templates used in communications with
complainants Records showing response timeframes for complaints received

 

Interagency Coordination:

 

Records of coordination between Council's Planning Compliance team and
Environmental Health team Documentation of communications with external
agencies (EPA, Melbourne Water, etc.) Records of any formal referrals to
other authorities

 

Enforcement Timelines and Actions:

 

Documentation of enforcement timelines established for this property
Records of any formal notices or directions issued Documentation of
follow-up processes to ensure compliance with any notices

 

I understand personal information of complainants should be redacted to
protect privacy. I am interested in the process of enforcement rather than
individual complainant details.

This request is in the public interest as:

 

Consistent enforcement of planning rules is essential to maintaining
community confidence Green Wedge Zones have special protections that
require transparent enforcement Understanding enforcement processes helps
ensure equitable treatment of all property owners

Your request has been allocated to FOI request number 557/25.  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 1000 or email us
at [1][email address] and quote 557/25.

Kind regards,

 

FReEdom of InFormation
Email: [3][email address]
Phone: 03 5950 1000
[2]MPS   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[7]Twitter
media!
[8]Latest News
Mornington Peninsula Shire acknowledges and pays respect to the
Bunurong/Boon Wurrung people,
the Traditional Custodians of these lands and waters.

We are committed to carbon neutrality.

 

 

From: Karli Smith <[9][email address]>
Sent: Wednesday, May 21, 2025 4:28 PM
To: FOI <[10][email address]>
Subject: FOI Request #2

 

Hi again,

 

Please find attached a second FOI Request from myself. Payment receipt
number WR01305356

 

Many thanks,

Karli Smith

 
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:[email address]
3. mailto:[email address]
4. https://www.mornpen.vic.gov.au/
5. https://www.facebook.com/mornpenshire
6. https://www.instagram.com/ourpeninsula/
7. http://twitter.com/MornPenShire
8. https://www.mornpen.vic.gov.au/emailcamp...
9. mailto:[email address]
10. mailto:[email address]
11. https://www.mornpen.vic.gov.au/PrivacySt...

 

Dear Mr Enstein

 

Your freedom of information request  

 

I refer to your Freedom of Information request received on 21 May 2025 for
the following documents:

 

“I request access under the Freedom of Information Act 1982 to documents
relating to enforcement processes and communications regarding 109 Tyabb
Tooradin Rd, Somerville.

As a ratepayer concerned with consistent application of planning
regulations in our shire, I am seeking to understand the enforcement
decision-making process for properties in Green Wedge Zones, using this
specific case as an example.

 

DOCUMENTS REQUESTED:

 

Communications with Property Owners/Operators:

 

Correspondence between Council and Somerville Produce Pty Ltd or other
entities associated with 109 Tyabb Tooradin Rd since July 2024 Records of
any commitments, undertakings, or assurances provided by the property
owners/operators Documentation of response timeframes given to address any
identified issues

 

Enforcement Decision Records:

 

Internal correspondence, emails, or notes regarding enforcement decisions
for this property Records of any enforcement options considered and
reasons for selections made Documentation of risk assessments conducted
regarding potential non-compliance

 

Complaint Handling Process:

 

The procedural guidelines followed when assessing complaints about this
property Response protocols and templates used in communications with
complainants Records showing response timeframes for complaints received

 

Interagency Coordination:

 

Records of coordination between Council's Planning Compliance team and
Environmental Health team Documentation of communications with external
agencies (EPA, Melbourne Water, etc.) Records of any formal referrals to
other authorities

 

Enforcement Timelines and Actions:

 

Documentation of enforcement timelines established for this property
Records of any formal notices or directions issued Documentation of
follow-up processes to ensure compliance with any notices

 

I understand personal information of complainants should be redacted to
protect privacy. I am interested in the process of enforcement rather than
individual complainant details.

This request is in the public interest as:

 

Consistent enforcement of planning rules is essential to maintaining
community confidence Green Wedge Zones have special protections that
require transparent enforcement Understanding enforcement processes helps
ensure equitable treatment of all property owners”

 

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 557/25.
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 category of documents you have advised that
you are seeking documents “since July 2024”.  I assume that for this
category of documents, you are seeking documents up to 21 May 2025
(the date you lodged your Freedom of Information request).  Please
confirm:       

o Communications with Property Owners/Operators:

Correspondence between Council and Somerville Produce Pty Ltd or other
entities associated with 109 Tyabb Tooradin Rd since July 2024 Records of
any commitments, undertakings, or assurances provided by the property
owners/operators Documentation of response timeframes given to address any
identified issues

           

o You have advised that you are seeking “Correspondence between Council
and Somerville Produce Pty Ltd or other entities associated with 109
Tyabb Tooradin Rd since July 2024”.  It is unclear what you mean by
“other entities associated with 109 Tyabb Tooradin Rd since July
2024”.  Given the context of your request overall, I would interpret
this to mean property owners and tenants of 109 Tyabb Tooradin Road. 
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 557/25. 

 

If we do not hear from you by 8 July 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][email address] and quote 557/25. 

 

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: Thursday, May 22, 2025 3:05 PM
To: [FOI #13197 email]
Cc: FOI <[email address]>
Subject: FOI 557/25 - Freedom of Information - Acknowledgment

 

Dear Mr Enstein,

 

Acknowledgement of Freedom of Information request

I refer to your correspondence received on 21 May 2025 seeking access to
documents under the Freedom of Information Act 1982 the FOI Act:

I request access under the Freedom of Information Act 1982 to documents
relating to enforcement processes and communications regarding 109 Tyabb
Tooradin Rd, Somerville.

As a ratepayer concerned with consistent application of planning
regulations in our shire, I am seeking to understand the enforcement
decision-making process for properties in Green Wedge Zones, using this
specific case as an example.

 

DOCUMENTS REQUESTED:

 

Communications with Property Owners/Operators:

 

Correspondence between Council and Somerville Produce Pty Ltd or other
entities associated with 109 Tyabb Tooradin Rd since July 2024 Records of
any commitments, undertakings, or assurances provided by the property
owners/operators Documentation of response timeframes given to address any
identified issues

 

Enforcement Decision Records:

 

Internal correspondence, emails, or notes regarding enforcement decisions
for this property Records of any enforcement options considered and
reasons for selections made Documentation of risk assessments conducted
regarding potential non-compliance

 

Complaint Handling Process:

 

The procedural guidelines followed when assessing complaints about this
property Response protocols and templates used in communications with
complainants Records showing response timeframes for complaints received

 

Interagency Coordination:

 

Records of coordination between Council's Planning Compliance team and
Environmental Health team Documentation of communications with external
agencies (EPA, Melbourne Water, etc.) Records of any formal referrals to
other authorities

 

Enforcement Timelines and Actions:

 

Documentation of enforcement timelines established for this property
Records of any formal notices or directions issued Documentation of
follow-up processes to ensure compliance with any notices

 

I understand personal information of complainants should be redacted to
protect privacy. I am interested in the process of enforcement rather than
individual complainant details.

This request is in the public interest as:

 

Consistent enforcement of planning rules is essential to maintaining
community confidence Green Wedge Zones have special protections that
require transparent enforcement Understanding enforcement processes helps
ensure equitable treatment of all property owners

Your request has been allocated to FOI request number 557/25.  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 1000 or email us
at [11][email address] and quote 557/25.

Kind regards,

 

FReEdom of InFormation
Email: [13][email address]
Phone: 03 5950 1000
Private Bag 1000, Rosebud VIC 3939 | 90 Besgrove Street, Rosebud
[12]MPS   VIC 3939
Follow
us on [14]mornpen.vic.gov.au[15]Facebook[16]Instagram[17]Twitter
social
media!
[18]Latest News
Mornington Peninsula Shire acknowledges and pays respect to the
Bunurong/Boon Wurrung people,
the Traditional Custodians of these lands and waters.

We are committed to carbon neutrality.

 

 

From: Karli Smith <[19][email address]>
Sent: Wednesday, May 21, 2025 4:28 PM
To: FOI <[20][email address]>
Subject: FOI Request #2

 

Hi again,

 

Please find attached a second FOI Request from myself. Payment receipt
number WR01305356

 

Many thanks,

Karli Smith

 
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 [21]mornpen.vic.gov.au/PrivacyStatement

[22]Consider the Environment

References

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