By Natalee Kerr
A councillor has won a 14-month battle against Surf Coast Shire to release a “secret” planning document.
Heather Wellington is set to air the document after the state’s planning tribunal last week ordered the shire to release it to her.
Cr Wellington labelled the ruling a “victory” for transparency and accountability.
“I took this stand to expose the current culture of secrecy at Surf Coast Shire and the lengths the shire will go to keep ratepayers in the dark,” she said.
The shire spent a “disgraceful amount” of ratepayers’ money on lawyers” during the saga, as Cr Wellington paid “thousands of dollars” for her own legal fees, she said.
The document relates to an email regarding a planning permit application for a helicopter landing site at Freshwater Creek.
The permit applicant, Timothy Metcalf, sent the email to the shire on the same day council was scheduled to make a decision on the application, the Victorian Civil and Administrative Tribunal (VCAT) heard.
The shire previously reported Cr Wellington to the Local Government Inspectorate, alleging her request for two documents relating to the matter was a misuse of her position as a councillor.
The inspectorate later cleared her of any wrongdoing for seeking the documents through Freedom of Information (FoI).
The Victorian Information Commissioner granted Cr Wellington access to one document, but withheld another because it contained personal information and information provided in confidence.
Cr Wellington had access to the second document since April 2018 but refrained from releasing it due to advice from a senior shire officer that it was confidential, VCAT heard.
“The shire has tried every trick in the book to keep this document secret,” she said.
“They fought tooth and nail at the all-day VCAT hearing in early September, raising a multitude of legal arguments why access to the document should be refused, some of the points patently absurd.”
But VCAT rejected the shire’s arguments last Wednesday and ordered it release the document to Cr Wellington within 28 days.
The shire argued Cr Wellington’s motives for obtaining the information were “not commendable”, but VCAT senior member Jonathan Smithers determined there was “no basis” for the claims.
“The implication which seems to arise…is that release of this document might cause angst between objectors and council planning staff,” he said.
“(But) misunderstandings are best dealt with by greater transparency, rather than less.
“It would be contrary to the public interest if information relevant to the proper administration of the planning process was withheld.”
VCAT previously approved a permit for the use of the helicopter landing site but the “legality” of its construction was yet to be determined, Mr Smithers said.
“It may be that there is an unresolved issue in the circumstances here,” he said.
“A permit for use has been obtained but the issue of whether a permit for development of the site was required remains unclear.”
Surf Coast Shire “recognised” VCAT’s decision but declined to detail its reasons for denying Cr Wellington the document or legal costs involved.
“Council’s decision not to release the document was consistent with specialist legal advice and a subsequent review by the Information Commissioner,” a spokesperson said.
