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You are here: BAILII >> Databases >> Information Commissioner's Office >> Oldham Metropolitan Borough Council (Decision Notice) [2009] UKICO FER0176570 (22 October 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FER0176570.html
Cite as: [2009] UKICO FER0176570, [2009] UKICO FER176570
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Oldham Metropolitan Borough Council (Decision Notice) [2009] UKICO FER0176570 (22 October 2009)
Summary: The complainant asked the Council for a copy of an Environmental Risk Strategy Report it held in respect of a local derelict mill. The Council refused the request, citing regulations 12(5)(b) and 12(5)(f) of the EIR. On appeal it reviewed and upheld its decision in respect of regulation 12(5)(b) and additionally cited regulation 12(5)(a) and 12(5)(c). It subsequently withdrew all claims that regulations 12(5)(b), (c) or (f) applied and supplied the complainant with a copy of the report, with three brief redactions in respect of information covered by regulation 12(5)(a). The complainant challenged the redactions; however the Commissioner found that the redacted information was covered by the exception. The Commissioner found breaches of regulation 5(1) and 5(2) in respect of the Council-™s failure to provide information not covered by 12(5)(a). Information Tribunal appeal EA/2009/0099 withdrawn.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 12.5.a - Complaint Partly Upheld