Walker v Pittwater Council [2015] NSWCATAD 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walker v Pittwater Council [2015] NSWCATAD 222 Hearing dates: 13 October 2015 Date of orders: 13 October 2015 Decision date: 13 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: File No 1510494 The following application by Mr Walker to Pittwater Council under the Government Information (Public Access) Act 2009 is approved: "Copy of Warriewood Valley Acoustics Study conducted by Warringah Council in 1990 by James Madden Cooper or by an organisation with a similar name." File 1510477 The following application by Mr Walker to Pittwater Council under the Government Information (Public Access) Act 2009 is approved: Any email or other communication from the afterhours notification operator to Council for each of the following notifications of noise related issues in Warriewood Valley Stage One Industrial Area made by Mr Walker during the period May/June and July 2015 and any record generated by Council in response to any of those communications: "Container pickup assault by driver at 4 Prosperity Avenue Warriewood at approximately 9pm. Industrial bin pickup 9 Ponderosa Parade Warriewood at approximately 3am. Industrial bin left on road for pickup 5 Ponderosa Parade Warriewood 4am. Industrial bin pickup 96 Mona Vale Road Warriewood 3.30am. Industrial bin pickup 4 Jubilee Avenue 3.30am. Noise car park exhaust 4 Daydream Avenue Warriewood at approximately 4am. Container drop off 5 Jubilee Avenue Warriewood at approximately 5am. Noise from router 48/5 Ponderosa Parade Warriewood at approximately 5.30am. Noise from forklifts 20 Jubilee Avenue Warriewood at approximately 10pm." File No 1510523 The following application by Mr Walker to Pittwater Council under the Government Information (Public Access) Act 2009 is approved: "Any record typed by council employees of post-it notes or other written suggestions provided by members of the public in public consultations on the development of the Mona Vale Place Plan in the first half of 2015 other than those recorded in the Imagine Mona Vale Engagement Summary for Mona Vale Place Plan August 2015." File No 1510524 The following application by Mr Walker to Pittwater Council under the Government Information (Public Access) Act 2009 is not approved: "All correspondence between Pittwater Council and the New South Wales Government regarding the impact on Mona Vale of the Bus Rapid Transit Proposal-Local Member, Bus Rapid Transit, Sydney Buses Police, RMS." Catchwords: ADMINISTRATIVE LAW – access to government information – restraint order in place – leave required for applicant to apply for information under Government Information (Public Access) Act 2009 NSW – four applications lodged for approval – whether similar application lodged previously – whether application would unreasonably divert Council's resources – clarity of application Legislation Cited: Government Information (Public Access) Act 2009 NSW Freedom of Information Act 1982 (Cth) Cases Cited: Pittwater Council v Walker [2015] NSWCATAD 34 Category: Principal judgment Parties: Philip Walker (Applicant) Pittwater Council (Respondent) Representation: P Walker (Applicant in person) Pittwater Council (no appearance) File Number(s): 1510494 1510477 1510523 1510524 Publication restriction: Nil