The complainant requested the name and address of an individual who had made a complaint that was to be considered by the Council’s planning enforcement team. The public authority applied sections 30(2)(a)(iii) and 40(2) of the Freedom of Information Act to withhold the information. The Commissioner has determined that the information was actually environmental information and should have been considered under the Environmental Information Regulations. The Commissioner as Regulator of the DPA has used his discretion to apply regulation 13 on the public authority’s behalf. He has found that it would apply to this request and that the information can be withheld. He has, however, found procedural breaches of regulations 14(3)(a), 14(3)(b), 14(5)(a) and 14(5)(b). He requires no remedial steps to be taken in this case.
Section of Act/EIR and Finding: EIR 13 – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2009] UKICO FS50257908
Links:
Jurisdiction:
England and Wales
Information
Updated: 17 May 2022; Ref: scu.532257
