The complainant’s representative made two requests on her behalf to the New Forest National Park Authority (NPA) for information relating to a planning matter regarding a listed property adjoining her property. The first request was for an internal memorandum held by NPA on the planning enforcement file that set out the situation at the adjoining property, against whose owner NPA had considered, but subsequently decided against, taking planning enforcement action. The second request was for the whole planning enforcement file referenced 06/123 with a comprehensive list of contents and entry dates and details of any removals before disclosure. NPA considered the context and history of the complainant’s and her representative’s dealings with NPA and determined that both requests were manifestly unreasonable. It therefore applied the exception to disclosure provided by regulation 12(4)(b) of the EIR and refused the requests. Because the requests are clearly linked, the Commissioner decided to issue one Decision Notice covering both requests. He concluded that in both instances regulation 12(4)(b) was engaged and that the public interest in maintaining the exception outweighed the public interest in disclosure. The Commissioner requires no steps to be taken. Information Tribunal appeal number EA/2009/0092 has been dismissed.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Not upheld
Citations:
[2009] UKICO FER0237548 and FE
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 November 2022; Ref: scu.532188