Resident complaint about foliage overhanging the footpath at 60 Sydney St.

Greg Baxter made this Government Information (Public Access) request to Willoughby City Council

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

Response to this request is long overdue. By law, under all circumstances, Willoughby City Council should have responded by now (details). You can complain by requesting an internal review.

Dear Willoughby City Council,

I received a letter from Council dated 22 February advising me that on the basis of one complaint i was obliged to trim vegetation from our garden that overhangs the footpath.

I am making a formal Freedom of Information request for documents and other information related to:

a) the identity of the complainant including their address or otherwise an indication of the proximity of their residential address to ours and the frequency with which they use the footpath i.e. information that demonstrates the relevance and merit of the complaint

b) the basis of the complaint including why this person deems the footpath unpassable when there is self evidently ample room on both the footpath and the nature strip for the free movement of pedestrians, including people with wheelchairs and prams i.e. the rationale and logic of the complaint

c) the basis on which and frequency with which the complainant used both the Sydney St frontage and the Stephen St frontage as the complaint appears to be about both frontages i.e. to understand the extent of the inconvenience being caused to this individual

d) the basis of Council's decision to enforce regulations governing overhanging foliage in this particular case, given that it has discretion to enforce regulations or not, depending on the merits in each case

e) any documents that demonstrate how the Council took into account the merit of the complaint versus the aesthetic merit of retaining the streetscape as it is i.e. the basis on which there has been due process

f) any correspondence, files notes or other documentation related to communication between Council and the complainant about this matter

I have had a professional and courteous exchange with the Landscape Officer. However, in her capacity she was unable to provide the above information.

Yours faithfully,
Greg Baxter
60 Sydney Street, Willougbhy NSW 2068

Council's Email, Willoughby City Council

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