Summary: The complainant submitted a request to South Ribble Borough Council (-˜the Council-™) for copies of correspondence that the Council had exchanged with another individual regarding a hedge. The Council disclosed some information but withheld the remainder under section 40 of the Act. During the course of the investigation the Council reconsidered the request under the EIR, and withheld the information under regulation 13. The Commissioner has investigated and found that the Council was correct to withhold the information. The Council has however breached regulation 14(3)(a) as it failed to issue a refusal notice citing regulation 13. The Commissioner does not require the Council to take any further action.
Section of Act/EIR & Finding: EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld