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Hammersmith and Fulham London Borough Council (Local government) [2018] UKICO fer0701086 (27 February 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0701086.html
Cite as:
[2018] UKICO fer0701086,
[2018] UKICO fer701086
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Hammersmith and Fulham London Borough Council
The complainant has requested from the London Borough of Hammersmith and Fulham the Financial Viability Assessment it obtained in relation to the development of Five Star Car Wash, 10B Shepherd’s Bush Road, London W6 7PJ. The London Borough of Hammersmith and Fulham has withheld the requested information under Regulations 12(5)(e) and 12(5)(f) of the EIR. The Commissioner’s decision is that the London Borough of Hammersmith and Fulham has not correctly applied Regulations 12(5)(e) and 12(5)(f) of the EIR. The Commissioner also finds that the London Borough of Hammersmith and Fulham has breached Regulations 5 and 11 of the EIR. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation. Disclose the Financial Viability Assessment commissioned by the London Borough of Hammersmith and Fulham requested by the complainant on 16 October 2016. The public authority must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 12(5)(e):
Complaint upheld
EIR 12(5)(f):
Complaint upheld
Decision notice:
fer0701086