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You are here: BAILII >> Databases >> Information Commissioner's Office >> Oldham Metropolitan Borough Council (Decision Notice) [2013] UKICO FER0499065 (25 September 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0499065.html
Cite as: [2013] UKICO FER499065, [2013] UKICO FER0499065
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Oldham Metropolitan Borough Council (Decision Notice) [2013] UKICO FER0499065 (25 September 2013)
Summary: The complainant has requested information relating to a proposed development at Foxdenton. Oldham Borough Council refused the request citing the EIR exceptions for personal data, material in the course of completion, adverse effect to the confidentiality of commercial information and adverse effect to the course of justice. During the course of the Commissioner-™s investigation the complainant confirmed that they did not want to be provided with personal data falling within the scope of the request. The Commissioner-™s decision is that Oldham Borough Council has correctly applied the exception for adverse effect to the confidentiality of commercial information to some of the requested information. In relation to some of the withheld information, it has failed to demonstrate that the exception for adverse effect to the confidentiality of commercial information is engaged. It failed to demonstrate that the exception for material in the course of completion is engaged and has correctly applied the exception for adverse effect to the course of justice. The Commissioner requires the public authority to disclose to the complainant: the Guest Garsden Heads of Terms; How Planning EIA Scoping Note; Mouchel technical note and appendices; Curtins transport assessments and the bundle of email correspondence withheld under the exception for adverse effect to the confidentiality of commercial information.
Section of Act/EIR & Finding: EIR 12.5.b - Complaint Not upheld, EIR 12.4.d - Complaint Upheld, EIR 12.5.d - Complaint Partly Upheld