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You are here: BAILII >> Databases >> Information Commissioner's Office >> Merthyr Tydfil County Borough Council (Decision Notice) [2010] UKICO FER0260130 (04 October 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0260130.html
Cite as: [2010] UKICO FER260130, [2010] UKICO FER0260130
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Merthyr Tydfil County Borough Council (Decision Notice) [2010] UKICO FER0260130 (04 October 2010)
Summary: The complainant made a five part request for information relating to the Ffos-y-Fran land reclamation Scheme. The Council initially refused the request by virtue of regulation 12(4)(b) of the EIR. The Council subsequently confirmed that it did not hold information relevant to parts 1 to 4 of the request and that information relating to part 5 of the request was exempt under regulations 12(4)(e) and 12(5)(b). During the course of the Commissioner-™s investigation the Council also sought to rely on regulations 12(5)(d) and 12(5)(e) in relation to part 5 of the request. The Commissioner has investigated and determined that on the balance of probabilities the Council does not hold any additional information relating to parts 1 to 4 of the request. The Commissioner has also concluded that regulation 12(5)(b) is engaged in relation to part 5 of the request and the public interest in maintaining the exception outweighs the public interest in disclosure. The Commissioner has also identified a number of procedural shortcomings in the way the Council handled the complainant-™s request but he has not ordered any steps to be taken.
Section of Act/EIR & Finding: EIR 12.4.a - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld