2 November 2017, Local government (County council)
The complainant has requested information relating to a bridleway which borders his land. The council provided the majority of the information however the complainant believes that further information should be held. The Commissioner’s decision is that on a balance of probabilities the council does not hold any further information falling within the scope of the request. She also considers that it was correct to apply Regulation 12(5)(e) to some information (commercial confidentiality), however she has also decided that the council was wrong to apply Regulation 12(4)(e) (internal communications) to other information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose the information which it withheld under Regulation 12(4)(e).
EIR 12(4)(e): Upheld EIR 12(4)(a): Not upheld EIR 12(5)(e): Not upheld