The complainant asked the Council to disclose copies of four complaints it received from members of the public concerning the alleged right of way across a piece of land he believes to be private. Initially, the Council responded to the request under the Act and refused to disclose the information to the complainant under section 41 of the Act. During the Commissioner’s investigation the Council accepted that the requested information is environmental information and therefore that the complainant’s request should have been considered under the EIR. It informed the Commissioner that it had reconsidered the request and now wished to rely on regulation 13 of the EIR. The Commissioner considered the application of regulation 13 of the EIR to the withheld information and concluded that it does apply. He did however find the Council in breach of regulations 14(1), 14(2) and 14(3)(a) of the EIR. Information Tribunal appeal number EA/2011/0195 dismissed.
Section of Act/EIR and Finding: EIR 13 – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2011] UKICO FER0371913
Links:
Jurisdiction:
England and Wales
Information
Updated: 05 November 2022; Ref: scu.530638
