The complainant asked South Gloucestershire Council to provide him with all the information it held about a property he owned especially information regarding rights of way across a section of common land. South Gloucestershire Council provided a considerable volume of information in response to this request and other related freedom of information and subject access requests. The Commissioner decided that the relevant information is environmental information within the meaning of regulation 2(1)(c) of the EIR. She also decided that South Gloucestershire Council could rely on the EIR regulation 12(5)(b) (Course of justice) exception as a basis for withholding some information. South Gloucestershire Council did, however, breach regulation 5(1) (duty to disclose) and regulation 14(2) (time taken to disclose) as it did not respond substantively within 20 working days of receiving the request. The Commissioner decided that South Gloucestershire Council had partially complied with the EIR in disclosing all the relevant information it now holds except for a small amount of legal correspondence still being withheld. The Commissioner did not require South Gloucestershire Council to take any steps.
EIR 12(5)(b): Complaint not upheld EIR 5: Complaint upheld EIR 14: Complaint upheld
[2021] UKICO IC-45839
Bailii
England and Wales
Updated: 29 June 2021; Ref: scu.663030