Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Fyfield and West Overton Parish Council (Local government) [2020] UKICO fs50866758 (28 February 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50866758.html
Cite as: [2020] UKICO fs50866758

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Fyfield and West Overton Parish Council

The complainant has requested correspondence from Fyfield and West Overton Parish Council (“the Council”) about a specific planning application. The Council refused the request under section 14(1) of the FOIA and also referred to the cost of compliance. After considering whether the request may fall to be considered under the EIR, the Council refused it under regulation 12(4)(b) – a manifestly unreasonable request, on the basis that compliance would place a disproportionate burden on the Council. The Council also suggested that the requested information may be exempt from disclosure under regulation 12(4)(e) – internal communications. The Commissioner’s decision is that the request should have been considered under the EIR. However, the Council has failed to demonstrate, to her satisfaction, that the request is manifestly unreasonable. She therefore finds that the Council is not entitled to rely on regulation 12(4)(b) to refuse the request. The Commissioner has also concluded that the Council has failed to demonstrate that regulation 12(4)(e) is engaged. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. Issue a fresh response to the complainant under the EIR, which does not rely on regulations 12(4)(b) or 12(4)(e).

EIR 12(4)(e): Complaint upheld EIR 12(4)(b): Complaint upheld

Decision notice: fs50866758