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You are here: BAILII >> Databases >> Information Commissioner's Office >> Forestry Commission England (Central government) [2019] UKICO fer0798862 (26 June 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0798862.html
Cite as: [2019] UKICO fer0798862, [2019] UKICO fer798862
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Forestry Commission England
The complainant has requested information relating to the plans to develop the Whinlatter Mountain Centre and a feasibility study that has been commissioned to assess its economic and environmental impact. She also asked to know who has commissioned the study, who has conducted it and who it has been circulated too. The Forestry Commission (the commission) refused to disclose all information citing sections 41 and 43 of the FOIA and regulations 12(5)(e) and 12(5)(f) of the EIR. The Commissioner’s decision is that the entire request should have been considered under the EIR. With regards to the feasibility study, the feasibility cost estimate and email chain accompanying it, the Commissioner is satisfied that regulation 12(5)(e) applies and that the public interest rests in maintaining this exception. With regards to the invoices, the Commissioner has decided that the commission has failed to demonstrate sufficiently that this information is exempt from disclosure under the EIR and therefore it should be disclosed, with any personal data relating to the two private founders (those other than the commission itself and the Lake District National Park Authority LDNPA) being redacted. In respect of who commissioned the study and to who it was circulated, the Commissioner is satisfied that the identities of the two private founders (again those other than the commission itself and the Lake District National Park Authority LDNPA) is exempt from disclosure under regulation 13 of the EIR. With regards to who has conducted the study, the Commissioner has decided that the identity of the companies involved should be disclosed, with the exception of personal data relating to the tow private founders. The Commissioner requires the commission to disclose the invoices and the identity of the companies which conducted the study with any personal data relating to the two private founders redacted.EIR 13: Complaint not upheld EIR 12(5)(e): Complaint partly upheld
Decision notice: fer0798862