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 to information about a particular planning officer. The Information Commissioner considered some of these requests as part of his investigation. The Commissioner noted that two of the requests were not responded to by the Council and he requires the Council to respond to these. Regarding the remaining requests, the Commissioner considers that the Council should have dealt with the requests under the Environmental Information Regulations 2004. Regarding the information originally withheld under section 40(2) of the FOIA, the Commissioner found that this information was not actually held. Regarding the remaining requests, the Commissioner was satisfied that no information was held in relation to one of the requests and in relation to the other, he was satisfied that the information that was held had already been provided. However, he found that the Council breached regulation 5(2), 11(4), 14(2) and 14(3)(a) of the EIR.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld, EIR 5 – Complaint Upheld, EIR 11 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2010] UKICO FS50213882
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 July 2022; Ref: scu.531363