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You are here: BAILII >> Databases >> Information Commissioner's Office >> Wealden District Council (Decision Notice) [2012] UKICO FER0436340 (16 August 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FER0436340.html
Cite as: [2012] UKICO FER0436340, [2012] UKICO FER436340
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Wealden District Council (Decision Notice) [2012] UKICO FER0436340 (16 August 2012)
Summary: The complainant requested correspondence relating to a planning application in Rotherfield. The council initially refused the request on the grounds that section 41 of the FOI Act applied. However in its review it decided that the exemption was applied incorrectly and disclosed all of the information which it said it held to the complainant. The complainant however believes that further information is held. The Commissioner-™s decision is that Wealden District Council supplied the majority of the information after the internal review. It did however fail to provide one document. The Commissioner notes the council-™s argument that this referred to a previous planning application and so was not caught within the scope of the request. As it has agreed to disclose a copy of this to the complainant however the Commissioner has not considered this further. The Commissioner notes that the council initially dealt with the request under both FOI and the Regulations, however the information was environmental information and should have been considered for disclosure entirely under the Environmental Information Regulations 2004. Given that the information was subsequently disclosed however the Commissioner's decision is that no further action is required by the council in this respect. The Commissioner has decided however that as the council did not disclose the information until after it had carried out its review the council failed to provide the information within 20 working days as required by Regulation 5(2). The Commissioner has also decided that the council breached Regulation 11(4) in that its review of its initial decision was not provided to the complainant within 40 working days of receiving the request to review its initial decision.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 11 - Complaint Upheld