The complainant requested the publication of a report commissioned by the council to assess the suitability and possibilities for relocation of the town hall site. The council initially refused disclosure of the report under the Act but during the Commissioner’s investigation it was withheld by virtue of regulations 12(4)(e), 12(5)(e) and 12(5)(f) of the EIR. The Commissioner found the council to have applied the exceptions incorrectly and that it had failed to comply with regulations 5(1), 5(2), 14(2) and 14(3) of the EIR. He ordered disclosure of the report.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.4.e – Complaint Upheld, EIR 12.5.e – Complaint Upheld, EIR 12.5.f – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
[2011] UKICO FER0348426
Bailii
England and Wales
Updated: 20 June 2021; Ref: scu.530395