On 29 June 2009, the complainant wrote to New Forest National Park Authority (NPA) with four questions about its decision not to take planning enforcement action against the complainant’s neighbour. The complainant was unhappy with NPA’s response to questions one and four and, following an internal review by NPA, complained to the Commissioner. During the Commissioner’s investigation and following the decision of the First Tier Tribunal (Information Rights) to dismiss the complainant’s appeal against a previous Decision Notice. NPA stated that it considered the request to be manifestly unreasonable and that it should have applied the exception to disclosure provided by regulation 12(4)(b) of the EIR. The Commissioner considered it appropriate to allow the late application of the exception and agreed that the request was manifestly unreasonable and that the public interest favoured maintaining the exemption. The Commissioner found procedural breaches in the way in which NPA handled the request but requires no steps to be taken. Information Tribunal appeal EA/2010/0143 withdrawn.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2010] UKICO FER0285305
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 November 2022; Ref: scu.531563
