Wycombe District Council (Decision Notice): ICO 26 Jan 2011

The complainant asked the Council to release copies of all communications it holds relating to the proposed Sport Stadium in High Wycombe and a copy of the feasibility study undertaken of the Wycombe Air Park site. The Council responded refusing to disclose the requested information under 12(4)(d), 12(4)(e) and 12(5)(e) of the EIR. As the complainant remained dissatisfied he approached the Commissioner. During the Commissioner’s investigation the Council released some of the previously withheld information. The Council continued to withhold various documents or parts of documents under the exceptions previously cited. In addition, the Council claimed a late reliance on regulations 12(5)(c) and 12(5)(f) of the EIR. The Commissioner has considered the remaining withheld information and he has concluded that regulations 12(4)(d), 12(5)(c), 12(5)(e) and 12(5)(f) are not engaged. In respect of regulation 12(4)(e) of the EIR, the Commissioner accepted that the exception applied to the documents referred to by the Council but then decided that the public interest in favour of disclosing the information outweighed the public interest in maintaining the exception. The Commissioner has therefore ordered the Council to release all remaining information to the complainant within 35 days of this Notice. Information Tribunal appeal EA/2011/0065 withdrawn.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 12.4.d – Complaint Upheld, EIR 12.4.e – Complaint Upheld, EIR 12.5.c – Complaint Upheld, EIR 12.5.e – Complaint Upheld, EIR 12.5.f – Complaint Upheld, EIR 14 – Complaint Upheld

[2011] UKICO FER0301485
England and Wales


Updated: 23 January 2022; Ref: scu.530179