Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Kirklees Metropolitan Council (Local government) [2022] UKICO 174795 (22 December 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/174795.html
Cite as: [2022] UKICO 174795

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Kirklees Metropolitan Council

The complainant requested communications between Kirklees Metropolitan Council (the “Council”) and third parties regarding the plans to develop land identified during Local Plan hearings. The Council provided a response which stated a return of a nil return and that it did not hold any information within scope of the request. The Commissioner determined that the Council incorrectly handled the request under FOIA and that the request fell to be considered under the EIR as it concerned planning and the environment. Having considered the application of regulation 12(4)(a) – information not held – which has similarities to section 1(1) of FOIA, he is satisfied that, on the balance of probabilities, the Council did not hold the information requested by the complainant. However, the Council failed to issue a refusal notice relying on regulation 12(4)(a) of the EIR - information not held - within 20 working days, it therefore breached Regulation 14 of the EIR. The Commissioner does not require any steps to be taken as a result of this decision notice.

EIR 12(4)(a): Complaint not upheld

Decision notice: 174795