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Folkestone & Hythe District Council (Local government) [2018] UKICO fer0699708 (2 May 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0699708.html
Cite as:
[2018] UKICO fer0699708,
[2018] UKICO fer699708
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Folkestone & Hythe District Council
The complainant has requested information relating to the council’s plans to construct a new town currently known as Otterpool Park and its collaboration with its development partner Cozumel Estates Limited (Cozumel). The council disclosed some information but refused to disclose other information citing regulations 12(5)(e) and 12(5)(f) of the EIR. During the Commissioner’s investigation the council confirmed that it no longer wished to rely on regulation 12(5)(f), as it felt on reflection that regulation 12(5)(b) of the EIR applied instead. The Commissioner’s decision is that the council has correctly applied regulations 12(5)(e) and 12(5)(b) of the EIR to the remaining withheld information and that the public interest rests in favour of maintaining these exceptions. The Commissioner does not require any further action to be taken.
EIR 12(5)(b): Complaint not upheld
EIR 5(2): Complaint upheld
EIR 12(5)(e): Complaint not upheld
EIR 14(2): Complaint upheld
Decision notice:
fer0699708