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Harrogate Borough Council (Local government) [2023] UKICO 194198 (29 March 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/194198.html
Cite as:
[2023] UKICO 194198
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Harrogate Borough Council
The complainant has requested information held by Harrogate Borough Council (the council) about planning permissions that relate to the opening times of a particular business. The council provided some information in response to the request. It withheld the remaining information under regulation 12(5)(b) – course of justice, of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(b) as its basis for refusing to release part of the information that is relevant to the request. However, as the council failed to issue a refusal notice within 20 working days, and did not carry out an internal review within 40 working days, the Commissioner has found a breach of regulation 14(2) and 11(4) of the EIR, respectively.
EIR 11(4):
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice:
194198