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You are here: BAILII >> Databases >> Information Commissioner's Office >> South Lakeland District Council (Local government) [2018] UKICO fs50696600 (4 September 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50696600.html
Cite as: [2018] UKICO fs50696600
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South Lakeland District Council
The complainant has requested information relating to a planning application. The Council handled the request under the FOIA and refused to disclose the information it held under the exemptions provided by section 21 – information accessible to the applicant by other means, section 36 - prejudice to effective conduct of public affairs, section 40(1) - information which is the applicant’s own personal data, section 40(2) – third party personal data and section 41 – information provided in confidence. When the Commissioner advised the Council that much of the requested information constituted environmental information the Council claimed that the information would be exempt under regulation 12(4)(e) – internal communications, regulation 5(3) – personal data of the applicant, 13 - third party personal data, regulation, 12(5)(e) – commercially confidential information and regulation 12(5)(f) – interests of the provider of the information. During the course of the Commissioner’s investigation the Council did disclose some information. The complainant also confirmed that he was no longer interested in any information that had previously been supplied to him or that was available on the internet; this accounted for much of the information that had originally been withheld under section 40(1) and section 21. The Commissioner’s decision is that only a limited amount of the requested information should have been considered under the FOIA. That information has been withheld under section 36. The Commissioner finds that section 36 only applies to some of that information. In respect of the environmental information the Commissioner finds that part of the request can be refused under regulation 5(3). Only some of the information to which regulation 12(4)(e) has been applied can be withheld under that exception. The Commissioner requires the public authority to disclose the information set out in the confidential annex.FOI 5: Complaint not upheld FOI 36: Complaint partly upheld FOI 12: Complaint partly upheld
Decision notice: fs50696600