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You are here: BAILII >> Databases >> Information Commissioner's Office >> Brighton and Hove City Council (Decision Notice) [2009] UKICO FER0187769 (24 September 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FER0187769.html
Cite as: [2009] UKICO FER0187769, [2009] UKICO FER187769
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Brighton and Hove City Council (Decision Notice) [2009] UKICO FER0187769 (24 September 2009)
Summary: The complainant requested a copy of a memorandum sent to the City Planner from members of the planning department expressing concern about pressure put on planning staff in relation to the King Alfred development at Brighton & Hove. The complainant also asked for a copy of the City Planner-™s response. The council withheld the information via regulations 12(4)(e) and 13(1) of the EIR. The complainant appealed and in addition requested a copy of any other documents relating to what the council did in response to the memorandum. On review the council maintained that the exceptions at 12(4)(e) and 12(5)(f) applied to both requests. During the Commissioner-™s investigation the council declared that exceptions at 12(5)(b) and12(5)(f) also applied to the first request. The Commissioner found that the council had incorrectly applied the exceptions and had failed to comply with regulations 5(1), 5(2) and 14(3)(a) of the EIR. The Commissioner ordered disclosure of the information.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 12.4.e - Complaint Upheld, EIR 12.5.b - Complaint Upheld, EIR 12.5.f - Complaint Upheld, EIR 13 - Complaint Partly Upheld, EIR 14 - Complaint Upheld