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You are here: BAILII >> Databases >> Information Commissioner's Office >> Mid Devon District Council (Local government (District council)) [2015] UKICO FER0540556 (17 February 2015)
URL: http://www.bailii.org/uk/cases/UKICO/2015/FER0540556.html
Cite as: [2015] UKICO FER540556, [2015] UKICO FER0540556
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Mid Devon District Council
17 February 2015, Local government (District council)
The complainant has made a request to Mid Devon District Council (“the council”) for information relating to pre-application advice for solar parks and farms. The council refused the request under section 43(2) of the Freedom of Information Act (“the FOIA”). The complainant subsequently requested that the council conduct an internal review. On failing to receive an internal review, the complainant submitted the matter to the Commissioner. On receipt of the complaint, the Commissioner decided that the request fell under the terms of the Environmental Information Regulations (“the EIR”), which requires the council to conduct an internal review when this is requested. However, despite the Commissioner’s intervention the council has since failed to undertake this. The Commissioner’s decision is that the council failed to comply with the requirements of regulations 11(3) and 11(4) of the EIR. The Commissioner requires the council to conduct an internal review which meets the terms of the EIR.
EIR 11(3): Upheld EIR 11(4): Upheld