Liverpool City Council (Decision Notice): ICO 9 May 2013

The complainant has requested information relating to agreements and licences under sections 38, 177 and 278 of the Highways Act 1980. Liverpool City Council (‘the council’) responded by withholding the information under the exemption in the FOIA where the cost of compliance exceeds the appropriate limit. The Commissioner invited the council to reconsider the request under the EIR but the council maintained reliance on section 12 of the FOIA and suggested that some of the information may be exempt under the FOIA exemptions for information provided in confidence (section 41) and commercial interests (section 43). The Commissioner finds that the information requested is environmental and therefore exempt under section 39 of the FOIA. Accordingly the request should have been dealt with under the EIR. The Commissioner therefore requires the council to issue a fresh response under the EIR bearing in mind the duty to provide advice and assistance under regulation 9.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld


[2013] UKICO FS50472538




England and Wales


Updated: 07 June 2022; Ref: scu.528289