Summary: The complainant has requested information regarding a complaint made to Selby District Council (the Council) about the removal of trees from a particular address without the requisite planning permission. The Council originally dealt with these requests under FOIA. During the Commissioner-™s investigation of this case the Council accepted that it should have dealt with these requests under the EIR. At the point at which this notice is issued the Council has disclosed some information to the complainant but has withheld the remaining information on the basis of the following exceptions: 13(1) -“ personal data; 12(5)(b) -“ course of justice, law enforcement, investigations and proceedings; 12(5)(d) -“ information provided in confidence; and 12(4)(e) - internal communications. The Commissioner has concluded that the Council is entitled to withhold the remaining information. However, the Commissioner has concluded that the Council breached two procedural aspects of the EIR in its handling of these requests.
Section of Act/EIR & Finding: EIR 11 - Complaint Upheld, EIR 12.4.e - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 12.5.d - Complaint Not upheld, EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld