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Sheffield City Council (Local government) [2018] UKICO fer0709479 (24 July 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0709479.html
Cite as:
[2018] UKICO fer709479,
[2018] UKICO fer0709479
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Sheffield City Council
The complainant has made a three part request for information relating to an operation to fell trees and the public safety concerns associated with that operation. The Council’s position is that the information sought in the first and third parts of the request were not held. In respect of the second part of the request the Council claimed that complying with the request would exceed the appropriate limit set out in section 12 of FOIA. The Commissioner advised the Council that the request should have been dealt with under the EIR, which the Council has not contested. The Council considers that under the EIR the request could be refused using the exceptions provided by regulation 12(4)(a) – information not held, and 12(4)(b) – manifestly unreasonable. The Commissioner’s decision is that the Council is entitled to rely on regulations 12(4)(a) and 12(4)(b) to refuse the request. The Commissioner does not require the public authority to take any further action in this matter.
EIR 12(4)(a):
Complaint not upheld
EIR 12(4)(b):
Complaint not upheld
Decision notice:
fer0709479