Search Results for: Environmental Information Regulations 2000

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Mason v Information Commissioner and London Borough of Barnet (GIA): UTAA 19 Feb 2020

The First-tier Tribunal’s decision that information was not ‘environmental information’ within regulation 2 of the Environmental Information Regulations 2000 was in error of law because the tribunal did not correctly apply the guidance in DBEIS v IC and Henney [2017] PTSR 1644. The case was remitted to the FTT for reconsideration. Citations: [2020] UKUT 56 … Continue reading Mason v Information Commissioner and London Borough of Barnet (GIA): UTAA 19 Feb 2020

Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Information Commissioner (Decision Notice): ICO 28 Mar 2011

The complainant requested that the Information Commissioner’s Office provide him with the contents of the Register of Data Controllers in any usable format. The ICO refused the request under section 21(1) of the Freedom of Information Act 2000 as the information was available in the online Data Protection Public Register, as maintained by ICO. The … Continue reading Information Commissioner (Decision Notice): ICO 28 Mar 2011

Information Commissioner (Decision Notice): ICO 26 Apr 2010

The complainant made a request to the Information Commissioner for the information that had been withheld from him in respect of a complaint the Commissioner was investigating. The Commissioner handled the request under Freedom of Information Act 2000 however failed to recognise that the requested information constituted environmental information under the Environmental Information Regulations 2004. … Continue reading Information Commissioner (Decision Notice): ICO 26 Apr 2010

Walters v Information Commissioner: FTTGRC 23 Jan 2015

Whether the public authority complied with the Appellant’s request for information, pursuant to s.1(2) of FOIA or Reg. 5(1) of the Environmental Information Regulations 2004. Held: The Tribunal concludes that the public authority complied with the Appellant’s request. It therefore dismisses the appeal. Citations: [2015] UKFTT 2014 – 0256 (GRC) Links: Bailii Statutes: Freedom of … Continue reading Walters v Information Commissioner: FTTGRC 23 Jan 2015

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

Dransfield v The Information Commissioner: CA 14 May 2015

Appeals raised the question of the scope of the power of a public authority to reject a request under the 2000 Act and, in addition, under the 2004 Regulations on the grounds that the request was ‘vexatious’ and ‘manifestly unreasonable’. Held: The claimant’s appeals were dismissd. The court gave guidance as to the exercise of … Continue reading Dransfield v The Information Commissioner: CA 14 May 2015

Evans v The Information Commissioner and Others: CA 12 Mar 2014

Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the information had been properly withheld. Mr Evans now appealed against refusal of judicial … Continue reading Evans v The Information Commissioner and Others: CA 12 Mar 2014

Office of Communications v The Information Commissioner: CA 20 Feb 2009

Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009

Creech St Michael Parish Council (Local Government (Parish Council)): ICO 23 Feb 2015

The complainant requested from Creech St Michael Parish Council (‘the council’) a copy of a recording made at a meeting when the sale of an area of land known as Merlyn’s Copse was discussed. The council initially relied on the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (‘the EIR’) to withhold the … Continue reading Creech St Michael Parish Council (Local Government (Parish Council)): ICO 23 Feb 2015

Eynsford Parish Council (Local Government (Parish Council)): ICO 23 Mar 2015

The complainant requested various items of information relating to railway sleepers placed along one edge of an access road into a car park owned by Eynsford Parish Council (‘the council’). The council said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Information Commissioner’s decision is … Continue reading Eynsford Parish Council (Local Government (Parish Council)): ICO 23 Mar 2015

Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013

The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been … Continue reading Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013

West Suffolk Council (Local Government): ICO 28 Oct 2021

The complainant has requested from West Suffolk Council information relating to the identity of an individual who made the initial referral for a Tree Preservation Order that was subsequently made by the Council. The Council withheld the requested information under section 40(2) of the Freedom of Information Act 2000. The Commissioner subsequently identified that the … Continue reading West Suffolk Council (Local Government): ICO 28 Oct 2021

Lambeth London Borough Council (Decision Notice): ICO 2 Sep 2013

The complainant requested information about the Myatts Field North Estate PFI contract from the London Borough of Lambeth. The council supplied some information but withheld some using the exemptions under section 40(2) and 43(2) of the Freedom of Information Act 2000. The Commissioner asked the council to reconsider the request under the terms of the … Continue reading Lambeth London Borough Council (Decision Notice): ICO 2 Sep 2013

Health and Safety Executive for Northern Ireland (Decision Notice): ICO 8 Dec 2008

ICO On 18 June 2005 the complainant requested information from the Health and Safety Executive Northern Ireland (The ‘HSENI’) in relation his accident at work. The HSENI withheld the information on the basis that it is exempt under section 44 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner is satisfied that the … Continue reading Health and Safety Executive for Northern Ireland (Decision Notice): ICO 8 Dec 2008

Tunbridge Wells Borough Council (Decision Notice): ICO 10 Oct 2007

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 … Continue reading Tunbridge Wells Borough Council (Decision Notice): ICO 10 Oct 2007

Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008

On 11 September 2007 the complainant requested from The Commission for Local Administration in England (‘CLAE’) copies of legal guidance provided to it by the Department for Communities and Local Government (the ‘DCLG’), the CLAE’s external auditors and/or the Information Commissioner (the ‘Commissioner’) relating to its handling of requests under the Freedom of Information Act … Continue reading Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008

Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

West Dorset District Council (Decision Notice): ICO 2 Jun 2011

The complainant asked for permission to visit the Council’s archives and ‘have access to, research and make copies’ of all documents relating to the transfer of property previously owned by the former Lyme Regis Town Council to West Dorset District Council. The Council refused the request on the basis that it considered it to be … Continue reading West Dorset District Council (Decision Notice): ICO 2 Jun 2011

Department of The Environment Northern Ireland (Decision Notice): ICO 21 May 2007

The complainant on 1 January 2005 made a request to the Department of the Environment for Northern Ireland (the Department) for a copy of a planning enforcement file relating to his planning application. The Department allowed the complainant to view the file but withheld some information contained in the file. In responding to his request, … Continue reading Department of The Environment Northern Ireland (Decision Notice): ICO 21 May 2007

North Somerset Council (Local Government): ICO 12 Sep 2019

The complainant has requested various information relating to the development of a crematorium. North Somerset Council refused the request as vexatious under section 14(1) of the Freedom of Information Act 2000, but subsequently informed the Commissioner that the request would fall under the Environmental Information Regulations 2004, and as such, sought to refuse the request … Continue reading North Somerset Council (Local Government): ICO 12 Sep 2019

Bristol City Council (Decision Notice): ICO 16 Aug 2012

The complainant requested legal advice from Bristol City Council relating to an application to register land as a town or village green. The council refused to provide the information on the basis that it was either exempt under section 42 of the Freedom of Information Act 2000, the exemption relating to legal professional privilege or … Continue reading Bristol City Council (Decision Notice): ICO 16 Aug 2012

Winster Parish Council (Local Government): ICO 13 Jun 2022

The complainant requested information from Winster Parish Council (‘the Council’) relating to the cutting and collection of arisings from Winster Common. The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Council to take … Continue reading Winster Parish Council (Local Government): ICO 13 Jun 2022

Stroud District Council (Decision Notice): ICO 14 Aug 2012

The complainant requested information regarding planning enforcement issues. Stroud District Council initially relied on the exemption under section 30 of the Freedom of Information Act 2000, the exemption relating to investigations and section 12(1), an exclusion relating to costs. Following the Commissioner’s involvement, the council decided to disclose information to the complainant. The only outstanding … Continue reading Stroud District Council (Decision Notice): ICO 14 Aug 2012

Tower Hamlets Council (Decision Notice): ICO 27 Apr 2010

The complainant requested information relating to a particular development. The London Borough of Tower Hamlets refused to provide any information citing section 22 of the Freedom of Information Act 2000. The Information Commissioner decided that the Council should have handled the requests under the Environmental Information Regulations 2004. In relation to request 1, the Council … Continue reading Tower Hamlets Council (Decision Notice): ICO 27 Apr 2010

Milton Keynes Council (Local Government (District Council)): ICO 21 Apr 2015

The complainant requested information from Milton Keynes Council (‘the council’) about whether there had been an application for adverse possession of a particular area of land. The council refused to respond to the request on the basis that it was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner’s … Continue reading Milton Keynes Council (Local Government (District Council)): ICO 21 Apr 2015

Norwich City Council (Decision Notice): ICO 19 Oct 2011

ICO The complainant requested information relation to a tendering procedure for the development at Threescore in Bowthorpe. This request was refused under section 14(1) as the request was considered vexatious. The Commissioner’s decision is that Norwich City Council (‘the Council’) should have handled the request under the Environmental Information Regulations 2004 (‘the EIR’) as opposed … Continue reading Norwich City Council (Decision Notice): ICO 19 Oct 2011

Newport City Council (Local Government): ICO 19 May 2022

The complainant requested information from Newport City Council (the ‘Council’) regarding correspondence between an applicant and planning officers. The Council initially considered the information was exempt from disclosure under Section 40(2) (personal information) of the Freedom of Information Act 2000 (FOIA). During the course of the Commissioner’s investigation the Council amended its position relying on … Continue reading Newport City Council (Local Government): ICO 19 May 2022

Fareham Borough Council (Decision Notice): ICO 7 Jan 2010

The complainant made a number of requests to Fareham Borough Council (‘the Council’) between January 2005 and November 2008. The Council refused to respond to the complainant’s latest request citing section 14 of the Freedom of Information Act 2000. The Commissioner investigated and determined that the request should have been considered under the Environmental Information … Continue reading Fareham Borough Council (Decision Notice): ICO 7 Jan 2010

Sussex Police (Decision Notice): ICO 25 Jan 2008

The complainant has been in correspondence with Sussex Police for several years in respect of issues he has had concerning his neighbours and their purported criminal acts against him. A large volume of correspondence has been exchanged between the complainant and the public authority and the requests are not concise. The Commissioner contacted the complainant … Continue reading Sussex Police (Decision Notice): ICO 25 Jan 2008

St Ives Town Council (Decision Notice): ICO 19 Mar 2013

The complainant has requested information relating to Dog Control Orders on beaches in the St Ives area including a copy of a report presented to St Ives Council (‘the council’) by a member of the public. The council refused to supply the report, citing exemptions under the Freedom of Information Act 2000 (‘the FOIA’). The … Continue reading St Ives Town Council (Decision Notice): ICO 19 Mar 2013

Staffordshire County Council (Decision Notice): ICO 9 Dec 2009

The complainant requested copies of the Annual Mineral Returns filed in the last 10 years for Moneystone quarry comprising of the figures for the sales and reserves for each year. Staffordshire County Council (the council) initially refused to disclose this information under section 41 of the Freedom of Information Act 2000 (the Act) on the … Continue reading Staffordshire County Council (Decision Notice): ICO 9 Dec 2009

Younger Homes (Northern) Ltd v First Secretary of State and Another: Admn 26 Nov 2003

The claimant sought to quash a planning decision on the basis that a screening decision had not been made. Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to have been signed, and the officer who formed the opinion was authorised. There was no … Continue reading Younger Homes (Northern) Ltd v First Secretary of State and Another: Admn 26 Nov 2003

Leeds City Council (Decision Notice): ICO 4 Mar 2010

The complainant complained about the Council’s response to a number of requests he made regarding a planning application. He complained that he did not consider that Leeds City Council had provided all the information it held and about the fact it had applied the exemption under section 40(2) of the Freedom of Information Act 2000 … Continue reading Leeds City Council (Decision Notice): ICO 4 Mar 2010

Newcastle City Council (Decision Notice): ICO 16 Jan 2013

The complainant requested information relating to an application for permission to run surface water from the roof of a particular address. Newcastle City Council Provided some information and withheld other information using the exemption under section 40(2) of the Freedom of Information Act 2000, the exemption relating to third party personal data. The Commissioner considered … Continue reading Newcastle City Council (Decision Notice): ICO 16 Jan 2013

Halton Borough Council (Decision Notice): ICO 3 Dec 2008

The complainant made a request for information to Halton Borough Council (the ‘Council’) on 6 June 2006. The request was refused under the Freedom of Information Act 2000 (the ‘Act’) on the grounds that the information was protected by legal professional privilege, that the Council’s commercial interests would be harmed by the disclosure of the … Continue reading Halton Borough Council (Decision Notice): ICO 3 Dec 2008

Peak District National Park Authority (Decision Notice): ICO 17 Jan 2013

The complainant requested various items of information from the Peak District National Park Authority. The authority refused to respond to the requests using the exclusions under section 14(1) and 14(2) of the Freedom of Information Act 2000, which concern vexatious and repeated requests. The Commissioner decided that the authority should have considered the requests under … Continue reading Peak District National Park Authority (Decision Notice): ICO 17 Jan 2013

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Milton Keynes Council (Decision Notice): ICO 29 Nov 2010

ICO On 10 November 2008 the complainant requested that Milton Keynes Council should make all the documentation it held which related to Petsoe Wind Farm available for inspection. The council’s response to the request was piecemeal and protracted. Initially, some information was provided and some refused under section 21 and section 22 of the Freedom … Continue reading Milton Keynes Council (Decision Notice): ICO 29 Nov 2010

Bassetlaw District Council (Decision Notice): ICO 18 May 2011

The complainant requested a copy of a document circulated to the council’s planning committee in a public planning meeting. The information was refused on the grounds of section 42 of the Freedom of Information Act 2000, that it attracted legal professional privilege. The Commissioner decided that the information was environmental information and advised the council … Continue reading Bassetlaw District Council (Decision Notice): ICO 18 May 2011

University of Reading (Decision Notice): ICO 23 Mar 2011

The complainant made a request to the University of Reading for information relating to rights of way over University land. The University refused to provide some of the requested information to the complainant as it stated it was exempt from disclosure under section 43(2) of the Freedom of Information Act 2000. The Commissioner considers that … Continue reading University of Reading (Decision Notice): ICO 23 Mar 2011

Burkett, Regina (on the Application of) v Hammersmith and Fulham: Admn 15 May 2003

Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to make the statement to say what had been considered. Held: At the outline application stage, the plan had to provide … Continue reading Burkett, Regina (on the Application of) v Hammersmith and Fulham: Admn 15 May 2003

Warwick District Council (Decision Notice): ICO 19 Sep 2011

The complainant requested information relating to discussions on the subject of plans to build a hotel and the extension to a conservation area. The council initially provided some information but withheld other information using the exemptions under section 42 and 43 of the Freedom of Information Act 2000. At the internal review stage, the council … Continue reading Warwick District Council (Decision Notice): ICO 19 Sep 2011

Stevenage Borough Council (Decision Notice): ICO 7 Apr 2008

ICO The complainant made a series of requests concerning the sale of Stevenage Borough Council’s (‘the Council’) freehold interest in an area of land and the granting of planning permission for the site. The Council refused the requests on the basis that either the exclusion under section 14 of the Freedom of Information Act 2000 … Continue reading Stevenage Borough Council (Decision Notice): ICO 7 Apr 2008

Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner: Admn 7 May 1999

An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of … Continue reading Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner: Admn 7 May 1999

Chelmsford Borough Council (Decision Notice): ICO 23 May 2012

The complainant requested information from Chelmsford Borough Council regarding the rental of Hylands Park for the V Festival each year. The council refused to provide the information on the basis that it was exempt under section 43 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption has not been correctly … Continue reading Chelmsford Borough Council (Decision Notice): ICO 23 May 2012

East Hertfordshire District Council (Decision Notice): ICO 16 Nov 2011

The complainants made 16 requests for information mainly related to financial probity or governance. The Commissioner’s decision is that East Herts District Council has not dealt with the requests for information in accordance with the Freedom of Information Act 2000 and Environmental Information Regulations 2004 by: incorrectly withholding information under the vexatious exclusion, and, in … Continue reading East Hertfordshire District Council (Decision Notice): ICO 16 Nov 2011

Valuation Office Agency (Decision Notice): ICO 27 May 2010

The complainant made a request for the rating file of a named caravan site. The information requested was withheld under the exemptions at sections 40(2) (personal information), 44(1) (prohibitions on disclosure) and 42(2) (commercial interests) of the Freedom of information Act 2000; also, under the exceptions at 12(3) (personal data), 12(5)(d) (confidentiality of proceedings) and … Continue reading Valuation Office Agency (Decision Notice): ICO 27 May 2010

Newport City Council (Decision Notice): ICO 27 Oct 2011

The complainant made a request for information held by Newport City Council relating to various projects and initiatives. The Council stated that to comply with the request would exceed the appropriate cost limit and refused the request on the basis that section 12(1) of the Freedom of Information Act 2000 was engaged. During the course … Continue reading Newport City Council (Decision Notice): ICO 27 Oct 2011

Bexley London Borough Council (Decision Notice): ICO 9 Jun 2010

The complainant made a request to the London Borough of Bexley (the ‘Council’) for a copy of the legal opinion obtained by the Council in relation to a transfer of Council housing stock to two housing associations. The issue concerns the status of roads and footpaths on transferred estates and whether the Council or the … Continue reading Bexley London Borough Council (Decision Notice): ICO 9 Jun 2010

Your Homes Newcastle (Decision Notice): ICO 8 Aug 2013

The complainant has made three requests for information from Your Homes Newcastle about the existence and details of any noise, anti-social, and harassment complaints that have originated from his current address up to 28 October 2012. YHN relied upon section 40(5) of the Freedom of Information Act 2000 to refuse the first request, claiming it … Continue reading Your Homes Newcastle (Decision Notice): ICO 8 Aug 2013

Office of Communications (Decision Notice): ICO 23 Feb 2011

The complainant requested copies of the findings of any independent tests commissioned by the public authority to establish if any home networking PLT devices complied with the essential requirements of the Electromagnetic Compatibility Directive (Directive). The public authority confirmed it held a report of an investigation it had conducted under the Directive in relation to … Continue reading Office of Communications (Decision Notice): ICO 23 Feb 2011

Vehicle and Operator Services Agency (Decision Notice): ICO 3 Dec 2009

The complainant made a request under the Freedom of Information Act 2000 to the Vehicle and Operator Services Agency (VOSA) for information relating to MOT passes and failures broken down by manufacturer and model of car. VOSA refused the complainant’s request as it stated that the information was exempt from disclosure by virtue of section … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 3 Dec 2009

Babergh District Council (Decision Notice): ICO 10 Mar 2011

The complainant requested Babergh District Council’s (the council’s) letter of instruction to a firm of solicitors sent in 2002 together with a copy of their response some months later. The council said that it could not find the letter of instruction and withheld the response from the solicitors on the grounds that it was legally … Continue reading Babergh District Council (Decision Notice): ICO 10 Mar 2011

Essex County Council (Decision Notice): ICO 8 Oct 2013

The complainant has requested information from Essex County Council about chilli powder that was found to be contaminated with the illegal food colour Sudan 1. The council refused the complainant’s request citing section 14(1) of the Freedom of Information Act 2000. This exclusion relates to vexatious requests. The Commissioner’s decision is that the council has … Continue reading Essex County Council (Decision Notice): ICO 8 Oct 2013

Basildon District Council (Decision Notice): ICO 28 Nov 2011

The complainant requested information relating to long running disputes that he has with the council over planning issues and properties that he owns. The council argued that it did not have to comply with the requests because the requests were vexatious and repeated under the Freedom of Information Act 2000 or manifestly unreasonably under the … Continue reading Basildon District Council (Decision Notice): ICO 28 Nov 2011

Staffordshire County Council (Decision Notice): ICO 14 Aug 2013

The complainant requested internal legal advice obtained by Staffordshire County Council (the council). The council withheld the information on the basis that it was covered by legal professional privilege and was therefore exempt under section 42(1) of the Freedom of Information Act 2000 (the FOIA). The Commissioner’s decision is that the council correctly identified the … Continue reading Staffordshire County Council (Decision Notice): ICO 14 Aug 2013

Blidworth Parish Council (Decision Notice): ICO 27 Jul 2009

Blidworth Parish Council was asked to provide the names and addresses of everyone renting allotments on the site which the Parish Council owns adjoining Dale Lane in Blidworth. In its initial response, the Parish Council refused to provide this information, stating simply that it was ‘not allowed’. When the Commissioner advised the Parish Council of … Continue reading Blidworth Parish Council (Decision Notice): ICO 27 Jul 2009

Highways Agency (Decision Notice): ICO 16 Jul 2009

The complainant made a request to the Highways Agency for the legal advice obtained by it in relation to a planning inquiry relating to restrictions put in place at the Orwell Crossing Lorry Park in Suffolk both before and after the Planning Inspector made his decision to allow the appeal by the lorry park owners … Continue reading Highways Agency (Decision Notice): ICO 16 Jul 2009