Summary: The complainant requested information relating to the transfer of ownership of part of a school site by Devon County Council (-the Council-). The Council refused to disclose some of the information within the scope of the request by virtue of section 42 of the Act. The Commissioner determined that the information is environmental, and that the Council should have responded to the request under the provisions of the EIR. During the course of the Commissioner-s investigation the Council sought to rely on the exception provided by regulation 12(5)(b) of the EIR in relation to the small amount of information it had withheld. The Commissioner found that the exception was not engaged and accordingly has ordered release of the information. The Commissioner found a number of procedural breaches of the EIR.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 12.5.b - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld