Minor changes proposed to house plan policy

Gosford Council is proposing to make only minor changes to a policy which restricts access to house plans and other development application documents, despite having received "many complaints" about it.

Last year, the Council resolved to no longer disclose information which may be subject to copyright, other than in accordance with the requirements of planning legislation.

Council staff told the May 1 council meeting: "Council has received many complaints because of the unavailability of house plans, particularly where the owner is planning renovations and/or repairs.

"These plans may be required for inclusions in a pending development application."

Gosford Council adopted a policy of not releasing house plans and other copyright material after it received advice from the Office of the Information Commissioner that "addressed some issues of the operation of the Copyright Act".

Staff from Council's legal section told councillors at the time: "Present practice is to allow copying of house plans by property owners, but in following current advice it will be necessary to stop this service."

They also stated: "The act of posting copies of DA documents on Council's website is likely to involve infringement of copyright.

"It is proposed that any documents which may be copyright will not be available on Council's website, other than during the submission period for current DAs."

The council is now proposing to release plans to the property "should the property owner be able to satisfy council that the copyright owner cannot be located".

Despite acknowledging that court action by a copyright holder would be "an extremely rare occurrence", it is otherwise proposing to retain the current policy.

This month's staff report stated: "Prior to adoption of the resolution not to supply house plans, Council charged for the supply of house plans to owners.

"This practice was allowed by the Local Government Act (the Act) but the Act was modified when the Government Information (Public Access) Act (GIPA) commenced.

"In the true spirit of the GIPA Act, and to be open and transparent, Council was proactive in publishing development applications and associated documents on the Council website.

"At the time, Council had published development applications dating back to 2008.

"There is no consistent approach by local government in New South Wales regarding the supply of house plans.

"Some NSW Councils have a policy similar to Gosford City Council's, ie not to provide house plans because the documents may be subject to copyright breaches.

"Those plans may be viewed, but the person must attend the Council administration building to obtain access. Other NSW Councils have policies that apply to the supply of house plans to the owner of the property.

"This practice may include the supply of house plans with annotation concerning breach of copyright."

Council resolved that "the Access to Information Policy, A1.51, be amended to allow Council to provide copies of house plans and other documents relating to the house.

"The house plans for an existing premises will be provided to the owner of land on which a dwelling is situated should the property owner be unable to locate the copyright owner.

"The term 'house plans' includes associated documents and is deemed to include units in a residential flat building.

"Council indemnify staff from civil proceedings where the staff member provides house plans in accordance with Council's Access to Information Policy, A1.51.

"The documents released include a notation as to possible copyright breaches."

The council also resolved to advertise the proposed changes.

In the May issue of its newsletter, the Office of the Information Commissioner states: "Copyright laws do not prevent councils from publishing any DA material on their websites under the GIPA Act."

Gosford Council Agenda SF.8, 1 May 2012