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You are here: BAILII >> Databases >> Information Commissioner's Office >> Harborough District Council (Decision Notice) [2010] UKICO FS50282532 (15 July 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50282532.html
Cite as: [2010] UKICO FS50282532
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Harborough District Council (Decision Notice) [2010] UKICO FS50282532 (15 July 2010)
Summary: The complainant requested copies of two reports held by the council relating to a proposed development of houses on a former builder-™s yard. The reports relate specifically to the council-™s initial requirement for a section 106 agreement to be entered into by the developer/landowner in support of the approval, however this requirement was subsequently dropped after the consideration of the contents of the reports. The council applied sections 41 and 43 to the information, however after the Commissioner-™s intervention it agreed with him that the information was in fact environmental information and that it should have been considered under the Regulations. It therefore applied regulation 12(3) and 12(5)(e) to the information. The Commissioner-™s decision is that regulation 12(3) applies to the information. As such, he has not gone on to consider the application of regulation 12(5)(e). He has also decided that the council breached regulation 14(3) of the Regulations as it did not provide an adequate refusal notice citing the exceptions which it was relying upon within the relevant time period.
Section of Act/EIR & Finding: EIR 12 - Complaint Not upheld, EIR 14 - Complaint Upheld