Summary: The complainant requested a copy of an independent appraisal, commissioned by the Authority, into a planning application by a third party. The Authority initially refused to provide the information on the basis that it was exempt under section 40 of the Act. At the internal review, the Authority decided that the request ought to have been considered under the EIR and claimed reliance on regulation 13. Following the Commissioner-™s intervention the Authority released most of the requested information. The Authority withheld the remaining information under regulation 13 of the EIR. The Commissioner finds that the Authority correctly applied regulation 13 to information that was not already in the public domain but that the Authority should have disclosed information that was already in the public domain. However, the Commissioner also found procedural breaches in the way the Authority refused the request.
Section of Act/EIR & Finding: EIR 13 - Complaint Partly Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld