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You are here: BAILII >> Databases >> Information Commissioner's Office >> Stockport Metropolitan Borough Council (Decision Notice) [2013] UKICO FER0488388 (09 September 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0488388.html
Cite as: [2013] UKICO FER0488388, [2013] UKICO FER488388
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Stockport Metropolitan Borough Council (Decision Notice) [2013] UKICO FER0488388 (09 September 2013)
Summary: The complainant has requested a report on road drainage in relation to the construction of a relief road for Manchester Airport. The Council withheld the report under regulation 12(4)(d) on the basis that the report was a draft document. During the course of the Commissioner-™s investigation the Council withdrew its reliance on this exception and released the report. The Commissioner-™s decision is that Stockport MBC has not dealt with the request in accordance with the EIR. The Commissioner finds that the report is not a draft document and even if it were the public interest would favour disclosing it. Although the Council later accepted the Commissioner-™s advice and disclosed the report, this disclosure exceeded the statutory time for making information available. The Council has therefore breached regulation 5(2) of the EIR. However since the report has now been released the Commissioner does not require the Council to take any steps.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld