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Shropshire Council (Local government) [2022] UKICO 145089 (17 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/145089.html
Cite as:
[2022] UKICO 145089
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Shropshire Council
The complainant requested from Shropshire Council the legal documents it considered and the discussions its Head of Legal and Democratic Services had with officers in relation to the sale of and planning permission for land at Greenfields Recreation Ground. Shropshire Council responded under the FOIA by applying Section 21 of the FOIA on the basis that the requested information was reasonably accessible to the complainant elsewhere. The Commissioner’s decision is that the information requested was ‘environmental’ within the meaning of the EIR and therefore Shropshire Council was incorrect to apply the FOIA. The Commissioner also finds that Shropshire Council failed to engage Regulation 6(1)(b) of the EIR in relation to the information it held within the scope of the complainant’s request based on the balance of probabilities. However, as the information held by Shropshire Council has since been obtained by the complainant, the Commissioner does not requires the public authority to take any steps to ensure compliance with the legislation.
EIR 6(1)(b):
Complaint upheld
Decision notice:
145089