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You are here: BAILII >> Databases >> Information Commissioner's Office >> Chichester District Council (Decision Notice) [2010] UKICO FER0256705 (05 August 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0256705.html
Cite as: [2010] UKICO FER0256705, [2010] UKICO FER256705
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Chichester District Council (Decision Notice) [2010] UKICO FER0256705 (05 August 2010)
Summary: The complainant requested information about a planning application made on behalf of the council on land associated with Chichester City Football Club. The council provided some information, stated that other information was not held, and withheld other information on the grounds that section 43 of the Act applied. The complainant asked the council to review its decision, and stated that the information should have been considered under the Environmental Information Regulations 2004. The Council reviewed its decision and refused the request under regulation 12(5)(e). However it stated that the information for 2 parts of the request was not environmental and again refused the request under section 43 of the Act. The Commissioner-™s decision is that the information is all environmental information and that the council should have responded to all parts of the request under the Regulations. His decision is that regulations 12(5)(e) and 12(4)(d) are not applicable to the information. He has also decided that regulation 12(4)(e) applies to the majority of the information, however the public interest in maintaining the exception does not outweigh the public interest in the disclosure of the information. Information Tribunal appeal number EA/2010/0153 part-allowed.
Section of Act/EIR & Finding: FOI 43 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 12.4.d - Complaint Upheld, EIR 12.4.e - Complaint Upheld, EIR 12.5.e - Complaint Upheld, EIR 14 - Complaint Upheld