All documents (including plans) submitted by an applicant with their Development Application are available for viewing by any person at Council during the advertising and neighbour notification period.

Are there any restrictions on access to Plans?

Yes. For privacy reasons section 12(1A) of the Local Government Act 1993 provides that:

"Despite subsection (1) and the other provisions of this Act, a person does not have the right to inspect so much of a development application, or an application under Part 1 of Chapter 7 for approval to erect a building, as consists of:

(a) the plans and specifications for any residential parts of a proposed building, other than plans that merely show its height and its external configuration in relation to the site on which it is proposed to be erected, or

(b) commercial information, if the information would be likely:

(i) to prejudice the commercial position of the person who supplied it, or

(ii) to reveal a trade secret."

Although no one has a right to inspect the internal layout of someone elses property, Council has discretion to allow such access and will generally provide access to view the floor plans during the neighbour notification and advertising period. This is necessary to allow the disclosure of room uses relative to window locations because privacy impacts and overlooking will vary as a result of different room uses.

After the close of the neighbour notification and advertising period if you want access to plans and other documentation for a legitimate reason, you will need to make a request to the relevant Assessment Officer.

If there are any disputes about access to our development application or associated files, our Manager of Governance or Manager Development Control will determine whether it is in the public interest to grant the requested access.

Can I obtain copies of plans and other documents?

Yes, subject to paying our adopted fee for copying. However, we will not allow you to copy:

• the floor plans or cross sections showing the internal portions of the building, unless you have the land owner's consent to obtain such copies
• any legal advice or communications between staff in relation to legal matters
• any matter restricted under section 12 of the Local Government Act 1993
• any matter determined by staff where access to such document is deemed under section 12(6) of the Local Government Act 1993 not to be in the public interest, subject to reasons being given under section 12A of the Local Government Act 1993.