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You are here: BAILII >> Databases >> Information Commissioner's Office >> South Gloucestershire Council (Decision Notice) [2009] UKICO FER0127659 (23 March 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FER0127659.html
Cite as: [2009] UKICO FER0127659, [2009] UKICO FER127659
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South Gloucestershire Council (Decision Notice) [2009] UKICO FER0127659 (23 March 2009)
Summary: The complainant, a developer, asked to be provided with the Development Appraisal used by South Gloucestershire Council (-the Council-) during negotiations between the complainant and the Council concerning a Section 106 Agreement under the Town and Country Planning Act 1990. The Appraisal comprised of three documents written by third party consultants. The Council dealt with the request under the Freedom of Information Act 2000 (-the FOIA-) and following its internal review, dismissed the appeal. This prompted the complainant to submit a further request specifically asking for the information under the Environmental Information Regulations 2004 (-the EIR-). This time the Council responded under the EIR and applied the exceptions under regulations 12(4)(e) and 12(5)(e) to the majority of the information. The Information Commissioner (-the Commissioner-) investigated and was not satisfied that either exception was engaged. The Council is required to disclose the withheld information within 35 calendar days. Information Tribunal appeal EA/2009/0032 allowed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld