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 indicated that the information may be environmental and if that was the case, it was excepted under regulations 12(4)(e), 12(5)(b) and 12(5)(e) of the Environmental Information Regulations 2004. Following the complaint to the Commissioner the council decided to disclose some of the information that it had sought to withhold. It also identified additional information, some of which it disclosed and some of which it said was excepted under regulation 12(5)(b). The Commissioner found that regulations 12(5)(b) and 12(5)(e) were engaged and the public interest favoured maintaining the exceptions. As a result, the Commissioner did not find it necessary to consider the application of regulation 12(4)(e). He also found that the council did not hold any information that it had not identified. He found breaches of regulation 14(2) and 14(3). The Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: EIR 12.5.b – Complaint Not upheld, EIR 12.5.e – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2011] UKICO FS50364562
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 June 2022; Ref: scu.530918
