ICO The complainant requested information in relation to the public authority’s investigation of a possible breach of planning control. The public authority refused the request by applying sections 30 and 41 of the Freedom of Information Act 2000 (the Act). The Commissioner found that the request should have been dealt with under the Environmental Information Regulations 2004 (the EIR). The public authority subsequently confirmed to the Commissioner that the withheld information in relation to three elements of the request was no longer held, but withheld the information in relation to the fourth element of the request by applying regulations 12(5)(f) and 13 of the EIR. The Commissioner found that the information was not held in relation to the first three elements of the request and that regulations 12(5)(f) and 13 can not be applied to withhold the remaining information. The Commissioner therefore requires the remaining information to be released.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 12.5.f – Complaint Upheld, EIR 13 – Complaint Upheld
Citations:
[2007] UKICO FER0086785
Links:
Statutes:
Freedom of Information Act 2000
Jurisdiction:
England and Wales
Information
Updated: 30 November 2022; Ref: scu.533106