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You are here: BAILII >> Databases >> Information Commissioner's Office >> Brighton and Hove City Council (Decision Notice) [2010] UKICO FER0296779 (20 September 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0296779.html
Cite as: [2010] UKICO FER296779, [2010] UKICO FER0296779
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Brighton and Hove City Council (Decision Notice) [2010] UKICO FER0296779 (20 September 2010)
Summary: The complainant requested legal advice concerning the commencement of a major development project in Brighton. Brighton and Hove City Council (-the Council-) refused to supply the information, stating that it was exempt under section 42(1) of the Freedom of Information Act 2000 (-the FOIA-) and the public interest favoured maintenance of the exemption. The Information Commissioner (-the Commissioner-) investigated and decided that the request should have been handled under the Environmental Information Regulations 2004 (-the EIR-). He therefore considered the application of regulation 12(5)(b) and found that it was engaged and the public interest favoured maintenance of the exception. He found breaches of regulation 14(2) and 14(3) but does not require any steps to be taken.
Section of Act/EIR & Finding: EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld