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You are here: BAILII >> Databases >> Information Commissioner's Office >> New Forest National Park Authority (Decision Notice) [2010] UKICO FER0285305 (05 July 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0285305.html
Cite as: [2010] UKICO FER285305, [2010] UKICO FER0285305
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New Forest National Park Authority (Decision Notice) [2010] UKICO FER0285305 (05 July 2010)
Summary: On 29 June 2009, the complainant wrote to New Forest National Park Authority (NPA) with four questions about its decision not to take planning enforcement action against the complainant-™s neighbour. The complainant was unhappy with NPA-™s response to questions one and four and, following an internal review by NPA, complained to the Commissioner. During the Commissioner-™s investigation -“ and following the decision of the First Tier Tribunal (Information Rights) to dismiss the complainant-™s appeal against a previous Decision Notice -“ NPA stated that it considered the request to be manifestly unreasonable and that it should have applied the exception to disclosure provided by regulation 12(4)(b) of the EIR. The Commissioner considered it appropriate to allow the late application of the exception and agreed that the request was manifestly unreasonable and that the public interest favoured maintaining the exemption. The Commissioner found procedural breaches in the way in which NPA handled the request but requires no steps to be taken. Information Tribunal appeal EA/2010/0143 withdrawn.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld