8 December 2016, Local government (District council)
The complainant has requested recorded information from Derbyshire Dales District Council. The requested information concerns a public house, owned by the complainant, which has been listed by the Council as an asset of community value (“ACV”) under the Localism Act 2011. The Council’s decision to list the public house as an ACV is subject to an appeal to the First-Tier Tribunal (General Regulatory Chamber). The Commissioner has decided that Derbyshire Dales District Council has properly applied section 42 to email correspondence it holds where a claim of legal professional privilege can be maintained. She has also decided that the Council does not hold any further email correspondence concerning the Council’s decision to list the named public house as an ACV and consequently the Council has complied with section 1 of the FOIA.
FOI 1: Not upheld FOI 42: Not upheld