Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> New Forest National Park Authority (Local government) [2018] UKICO fer0706744 (13 June 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0706744.html
Cite as: [2018] UKICO fer706744, [2018] UKICO fer0706744

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New Forest National Park Authority

The complainant has requested information relating to some Call for Site questionnaires and how and when these were assessed into stage 2 of the National Planning Practice Guidance (NPPG). The authority responded to the requests, providing responses to many of the questions and confirming where it considered the requested information is not held. The complainant asked the Commissioner to consider two questions from the requests and to determine whether the requested information is held and if so whether it has been provided by the authority, thereby meeting its obligations under the EIR. The Commissioner’s decision is that the authority does hold some recorded information falling within the scope of the two questions. Towards the end of her investigation this information was disclosed to the complainant. The Commissioner considers the authority did hold further recorded information at the time of the requests, which could have been provided at that time had the questions been interpreted correctly. However, the Commissioner is satisfied that on the balance of probabilities this information is no longer held and cannot therefore now be disclosed. The Commissioner therefore does not require any further action to be taken. She has however recorded a breach of regulation 5(2) of the EIR, as the authority failed to provide the information it does hold within 20 working days of the receipt of the requests.

EIR 5(2): Complaint upheld

Decision notice: fer0706744