29 September 2014, Local government (City council)
The complainant has requested information relating to pre-application advice sought by a developer, Citadel Estates. Carlisle City Council refused the request, citing the exception for adverse affect to the interests of the information provider. The Commissioner’s decision is that Carlisle City Council Failed to issue an appropriate response or refusal notice within 20 working days and breached regulation 5(2) and regulation 14 of the EIR and wrongly applied the exception in regulation 12(5)(f) to information created by itself and, in relation to information provided by another person, failed to demonstrate that the exception is engaged. The Commissioner requires the public authority to disclose the requested information to the complainant.
EIR 5: Upheld EIR 14: Upheld