The complainant has requested from Blackburn with Darwen Council information relating to specific payments it had made to two parties. The Commissioner’s decision is that the information requested is environmental and therefore the Council should have dealt with the request under the Environmental Information Regulations 2004 and not the FOIA. The Commissioner requires the Council … Continue reading Blackburn With Darwen Borough Council (Local Government): ICO 25 Oct 2021

The complainant has requested from West Suffolk Council information relating to the identity of an individual who made the initial referral for a Tree Preservation Order that was subsequently made by the Council. The Council withheld the requested information under section 40(2) of the Freedom of Information Act 2000. The Commissioner subsequently identified that the … Continue reading West Suffolk Council (Local Government): ICO 28 Oct 2021

1. The complainant requested information from Bristol City Council (‘the Council’) about plans for all phases of a particular residential development, along with the Health and Safety file for the development. 2. The Council initially considered the information was exempt from disclosure under Section 40(2) (personal information) of the Freedom of Information Act (FOIA). During … Continue reading Bristol City Council (Local Government): ICO 28 Feb 2022

The complainant has requested information regarding fire safety measures of a specified housing development. The Commissioner’s decision is that the information is environmental and the appropriate legislation is the Environmental Information Regulations 2004 (EIR). The Commissioner also finds that the London Borough of Tower Hamlets (the council) is not entitled to rely on regulations 12(5)(b) … Continue reading London Borough of Tower Hamlets (Local Government): ICO 27 Jul 2021

The complainant has requested various information relating to the development of a crematorium. North Somerset Council refused the request as vexatious under section 14(1) of the Freedom of Information Act 2000, but subsequently informed the Commissioner that the request would fall under the Environmental Information Regulations 2004, and as such, sought to refuse the request … Continue reading North Somerset Council (Local Government): ICO 12 Sep 2019

The complainant has requested information about the public conveniences at Adkins Lane, Smethwick and negotiations regarding their sale. Sandwell Metropolitan Borough Council (‘the council’) responded by providing information but withholding some of the requested information under section 40(2) of the FOIA. The council also stated that it did not hold some of the requested information. … Continue reading Sandwell Metropolitan Borough Council (Local Government): ICO 20 Jun 2019

The complainant requested information from Winster Parish Council (‘the Council’) relating to the cutting and collection of arisings from Winster Common. The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Council to take … Continue reading Winster Parish Council (Local Government): ICO 13 Jun 2022

The complainant requested copies of all correspondence between the Foreign and Commonwealth Office (FCO) and the British Indian Ocean Territory Conservation/ Environmental / Scientific Advisor, covering the period 1 January 2008 to the present. The FCO ultimately said that part of one document and two further documents were exempt from disclosure. The respective relative exceptions … Continue reading Foreign and Commonwealth Office (Decision Notice): ICO 25 Mar 2013

The complainant asked, on behalf of his constituents, for the disclosure of information about the risks posed to members of the public from use of Acrylonitrile, a flammable and toxic chemical, at a proposed manufacturing facility. The Health and Safety Executive (HSE) withheld the information citing the exception in Regulation 12(5)(a) of the Environmental Information … Continue reading Health and Safety Executive (Decision Notice): ICO 27 Mar 2008

The complainant requested correspondence between senior officials at the public authority and senior officials at Tate in relation to the extension development of the Tate Modern gallery. The public authority withheld the information on the basis of the exemption at section 36(2)(b)(ii). During the course of the investigation, the Commissioner found that the Environmental Information … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 2 Mar 2011

The complainant requested information relating to a particular development. The London Borough of Tower Hamlets refused to provide any information citing section 22 of the Freedom of Information Act 2000. The Information Commissioner decided that the Council should have handled the requests under the Environmental Information Regulations 2004. In relation to request 1, the Council … Continue reading Tower Hamlets Council (Decision Notice): ICO 27 Apr 2010

The complainants requested a report prepared by British Gas from the Health and Safety Executive (HSE). The HSE withheld this information under Regulation 12(5)(b) of the Environmental Information Regulations 2004 (the EIR). The Commissioner is satisfied that Regulation 12(5)(b) is engaged and that the public interest favours the requested information being withheld. Section of Act/EIR … Continue reading Health and Safety Executive (Decision Notice): ICO 20 Dec 2010

On 23 October 2007 the complainant made a request for information relating to the Bath Western Riverside Scheme. Bath and North East Somerset Council refused the request citing regulation 12(4)(b) of the Environmental Information Regulations 2004. On 27 December 2007 the complainant refined his request and asked for to the latest financial model and viability … Continue reading Bath and North East Somerset Council (Decision Notice): ICO 26 Jan 2010

The complainant requested information from Newport City Council (the ‘Council’) regarding correspondence between an applicant and planning officers. The Council initially considered the information was exempt from disclosure under Section 40(2) (personal information) of the Freedom of Information Act 2000 (FOIA). During the course of the Commissioner’s investigation the Council amended its position relying on … Continue reading Newport City Council (Local Government): ICO 19 May 2022

The complainant requested information held by the Mid Suffolk District Council under its Environmental Health powers relating to an investigation on the land and premises located at a particular address. The Council provided the information with some redactions. The Council withheld some information which it considered to be personal data. The Commissioner’s decision is that … Continue reading Mid Suffolk District Council (Decision Notice): ICO 18 Jan 2010

The complainant made a number of requests to Fareham Borough Council (‘the Council’) between January 2005 and November 2008. The Council refused to respond to the complainant’s latest request citing section 14 of the Freedom of Information Act 2000. The Commissioner investigated and determined that the request should have been considered under the Environmental Information … Continue reading Fareham Borough Council (Decision Notice): ICO 7 Jan 2010

The complainant has been in correspondence with Sussex Police for several years in respect of issues he has had concerning his neighbours and their purported criminal acts against him. A large volume of correspondence has been exchanged between the complainant and the public authority and the requests are not concise. The Commissioner contacted the complainant … Continue reading Sussex Police (Decision Notice): ICO 25 Jan 2008

The complainant has requested information relating to Dog Control Orders on beaches in the St Ives area including a copy of a report presented to St Ives Council (‘the council’) by a member of the public. The council refused to supply the report, citing exemptions under the Freedom of Information Act 2000 (‘the FOIA’). The … Continue reading St Ives Town Council (Decision Notice): ICO 19 Mar 2013

The complainant requested copies of the Annual Mineral Returns filed in the last 10 years for Moneystone quarry comprising of the figures for the sales and reserves for each year. Staffordshire County Council (the council) initially refused to disclose this information under section 41 of the Freedom of Information Act 2000 (the Act) on the … Continue reading Staffordshire County Council (Decision Notice): ICO 9 Dec 2009

The complainant requested information relating to an application for permission to run surface water from the roof of a particular address. Newcastle City Council Provided some information and withheld other information using the exemption under section 40(2) of the Freedom of Information Act 2000, the exemption relating to third party personal data. The Commissioner considered … Continue reading Newcastle City Council (Decision Notice): ICO 16 Jan 2013

The complainant made a request for information to Halton Borough Council (the ‘Council’) on 6 June 2006. The request was refused under the Freedom of Information Act 2000 (the ‘Act’) on the grounds that the information was protected by legal professional privilege, that the Council’s commercial interests would be harmed by the disclosure of the … Continue reading Halton Borough Council (Decision Notice): ICO 3 Dec 2008

The complainant asked Transport for London (‘TfL’) to provide him with documents and emails relating to the presumption in the Mayor’s transport strategy that modal share for cycling in London is unlikely to exceed 5% after 2025. TfL initially explained that it did not hold information regarding the 5% target after 2025. However, when it … Continue reading Transport for London (Decision Notice): ICO 20 Dec 2010

The complainant requested information clarifying which pesticides approved by the Chemicals Regulation Directorate (‘CRD’), a directorate of the Health and Safety Executive, were parallel import approvals. The CRD initially refused the request under section 43(2) (commercial interests) and section 12(1) (cost of compliance) of the Freedom of Information Act (‘the Act’). However, the Commissioner has … Continue reading Chemicals Regulation Directorate (Decision Notice): ICO 27 Oct 2009

The complainant requested various items of information from the Peak District National Park Authority. The authority refused to respond to the requests using the exclusions under section 14(1) and 14(2) of the Freedom of Information Act 2000, which concern vexatious and repeated requests. The Commissioner decided that the authority should have considered the requests under … Continue reading Peak District National Park Authority (Decision Notice): ICO 17 Jan 2013

The complainant requested all information in respect of how the Council arrived at its decision regarding the ownership of a piece of land on which a shed was located near their property. Swansea Council provided some information, but refused part of the request citing section 14(2) (repeated request) FOIA. The Commissioner’s decision is that the … Continue reading Swansea Council (Local Government): ICO 10 May 2022

The complainant requested various items of information in respect of a 250 year lease granted at the Celtic Marine site. The City and County of Swansea Council (the ‘Council’) provided some information but withheld the remainder in reliance on section 43(2) of the FOIA. Following the Commissioner’s intervention, the Council subsequently considered the request under … Continue reading City and County of Swansea (Decision Notice): ICO 18 Dec 2013

The complainant alleged that the Council would not provide copies of a planning application file free of charge. Recent changes to the charging regime meant that the cost to the complainant for a file containing a decision notice, an A2 plan and 36 A4 sheets would reduce from pounds 234 to pounds 37. The Commissioner … Continue reading Kings Lynn and West Norfolk Borough Council (Decision Notice): ICO 20 Jul 2005

The complainant requested information relevant to the investigation of a complaint he had made to the public authority against Cornwall Council. The public authority withheld the relevant information on the basis of section 44 of the Freedom of Information Act (statutory prohibition on disclosure) and regulation 12(5)(d) (confidentiality of proceedings) of the Environmental Information Regulations … Continue reading Local Government Ombudsman (Decision Notice): ICO 21 Sep 2011

The complainant requested information as to whether her own address and/or the gas yard had been identified as contaminated land. North Devon District Council (the ‘Council’) confirmed that land at the specified address had not been identified as contaminated and stated that it did not hold any information in relation to the gas yard. The … Continue reading North Devon District Council (Decision Notice): ICO 9 Dec 2013

The complainant has requested information from the Department of Agriculture and Rural Development (DARD) relating to a duplicate Single Farm Payment made against land owned by the complainant. DARD refused to disclose the requested information, stating that it was exempt from disclosure under regulations 12(3) and 13(1) of the Environmental Information Regulations 2004 (EIR) (personal … Continue reading Department of Agriculture and Rural Development (Decision Notice): ICO 28 Jan 2013

The complainant has requested information in relation to a Dog Control Order (‘DCO’) on Perranporth beach. The Commissioner considered that the request should have been handled under the Environmental Information Regulations 2004 (‘the EIR’) and has decided that, on the balance of probabilities, no further information exists in relation to point 1 of the request … Continue reading Perranzabuloe Parish Council (Decision Notice): ICO 30 Apr 2013

The complainant requested a full copy of the winning tender with the council for a grounds maintenance contract. The Commissioner’s decision is that the council applied the Freedom of Information Act when considering the request but the information was in fact environmental information. The council should therefore have considered the information under the Environmental Information … Continue reading Bishop Middleham and Mainsforth Parish Council (Decision Notice): ICO 10 Oct 2011

The complainant requested information surrounding a query/complaint made to the public authority regarding scaffolding erected at their property. The authority refused to supply the information, later relying on sections 31 and 40 of the Act. Following the Commissioner’s intervention, the authority accepted that the Environmental Information Regulations 2004 were the correct access regime under which … Continue reading Lake District National Park Authority (Decision Notice): ICO 5 Feb 2008

The complainant has requested information about communications regarding the location of a kebab kiosk in Hounslow. TfL refused to comply with the request relying on section 14(1) of the FOIA and later Regulation 12(4)(b) of the Environmental Information Regulations 2004 (EIR). The Commissioner’s decision is that TfL has correctly applied both section 14(1) and Regulation … Continue reading Transport for London (Decision Notice): ICO 14 Jan 2013

The complainant made a request to the University of Reading for information relating to rights of way over University land. The University refused to provide some of the requested information to the complainant as it stated it was exempt from disclosure under section 43(2) of the Freedom of Information Act 2000. The Commissioner considers that … Continue reading University of Reading (Decision Notice): ICO 23 Mar 2011

The complainant requested information relating to discussions on the subject of plans to build a hotel and the extension to a conservation area. The council initially provided some information but withheld other information using the exemptions under section 42 and 43 of the Freedom of Information Act 2000. At the internal review stage, the council … Continue reading Warwick District Council (Decision Notice): ICO 19 Sep 2011

The complainant requested copies of planning decisions for the last ten years in an electronic format. Torfaen County Borough Council refused the request under regulation 12(4)(b) of the Environmental Information Regulations 2004 as it considered the request to be manifestly unreasonable. The Commissioner’s decision is that the Council was correct to apply regulation 12(4)(b) to … Continue reading Torfaen County Borough Council (Decision Notice): ICO 19 Dec 2011

The complainant requested drawings, plans and calculations in relation to a loft conversation at her neighbours’ property which was the subject of a building control application. The Commissioner’s decision is that the London Borough of Hounslow (the council) was entitled to withhold the requested information under Regulation 13(2)(a) of the Environmental Information Regulations 2004 (EIR). … Continue reading Hounslow London Borough Council (Decision Notice): ICO 30 Jan 2012

The complainant requested information from Staffordshire County Council relating to a prosecution following a failure to comply with an enforcement notice. The council disclosed some information but withheld other information using the exceptions under regulation 13(1) and 12(5)(b) of the Environmental Information Regulations 2004, the exceptions relating to third party personal data and legal professional … Continue reading Staffordshire County Council (Decision Notice): ICO 31 Jul 2012

The complainant submitted a request to English Heritage for information relating to the Norwich Site Allocations Plan. English Heritage failed to respond to this request within 20 working days. Subsequently English Heritage confirmed that the requested information fell under the Environmental Information Regulations 2004 and provided the requested information to the complainant. The Commissioner finds … Continue reading English Heritage (Decision Notice): ICO 16 May 2011

The complainant requested information from Chelmsford Borough Council regarding the rental of Hylands Park for the V Festival each year. The council refused to provide the information on the basis that it was exempt under section 43 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption has not been correctly … Continue reading Chelmsford Borough Council (Decision Notice): ICO 23 May 2012

The complainant has requested copies of East Devon District Council (EDDC) meeting minutes and progress reports on the subject of relocation. EDDC stated that the information was being withheld on the basis that disclosure would be likely to inhibit the free and frank exchange of views for the purposes of deliberation (section 36(2)(b)(ii)).The Commissioner advised … Continue reading East Devon District Council (Decision Notice): ICO 10 Mar 2014

The complainant has requested information concerning area regeneration proposals being considered by London Borough of Barnet. The Commissioner’s decision is that London Borough of Barnet has correctly relied on regulations 13 and 12(5)(e) of the Environmental Information Regulations 2004 to withhold some of the requested information from the complainant. First-tier Tribunal (General Regulatory Chamber) Information … Continue reading London Borough of Barnet (Local Government): ICO 5 Nov 2021