The complainant requested legal advice which the council obtained in respect of a piece of land called the Arboretum in Nottingham. The council initially claimed that the exemptions in sections 42 and 43 of the Freedom of Information Act applied. The Commissioner told the council that the information should have been considered under the Environmental Information Regulations 2004 (the Regulations) and the council therefore reconsidered the information and applied Regulation 12(5)(b) and Regulation 12(5)(e). The Commissioner has considered the application of these exceptions. His decision is that Regulation 12(5)(e) was not engaged by the information, and that Regulation 12(5)(b) was engaged, however the public interest in maintaining the exemption did not outweigh the public interest in disclosing the information.
Section of Act/EIR and Finding: EIR 12.5.b – Complaint Upheld, EIR 12.5.e – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2009] UKICO FS50194691
Links:
Jurisdiction:
England and Wales
Information
Updated: 08 May 2022; Ref: scu.532068
