23 June 2014, Local government (District council)
The complainant has requested a copy of a cabinet report dated 24 April 2013 relating to the Phoenix 10 project. The Commissioner’s decision is that the council has correctly applied Regulation 12(4)(e) and 12(4)(b). As regards Regulation 12(5)(d) he has decided that the exception applies to the majority of the information to which it was applied, however it does not apply to a small section of information which should therefore be disclosed. The Commissioner has also decided that the council breached Regulation 5(2) in that it did not provide a substantial response to the complainant within 20 working days. The Commissioner requires the public authority to disclose the small sections of information which the Commissioner considers do not fall within the scope of Regulation 12(5)(d) outlined in paragraph 63 below.
EIR 5: Upheld EIR 12(4)(b): Not upheld