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Essex County Council (Local government) [2020] UKICO fer0912846 (6 October 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0912846.html
Cite as:
[2020] UKICO fer0912846,
[2020] UKICO fer912846
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Essex County Council
The complainant has requested information about proposed road modifications to the M25 junction 26 approaches. The Council disclosed some information but withheld the remainder citing the following regulations of the EIR: 12(5)(d) – confidentiality of proceedings; and 12(4)d – material in the course of completion. The Commissioner’s decision is that Essex County Council has incorrectly applied regulations 12(5)d to the withheld information. For regulation 12(4)d the exception is engaged, but the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the ‘concept’ drawing concerning the proposed modifications to the M25 junction 26 approaches.
EIR 12(4)(d):
Complaint upheld
EIR 12(5)(d):
Complaint upheld
Decision notice:
fer0912846