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You are here: BAILII >> Databases >> Information Commissioner's Office >> Adur District Council (Local government) [2024] UKICO 269884 (10 April 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/269884.html
Cite as: [2024] UKICO 269884
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Adur District Council
The complainant has requested information relating to a proposed beach café in Shoreham-by-Sea. Adur District Council (the “council”) initially responded to the request under the FOIA but subsequently, at the Commissioner’s direction, issued a new response which withheld information under the exceptions for material in the course of completion (regulation 12(4)(d)), the course of justice (regulation 12(5)(b)) and commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that the council’s response, in failing to properly identify relevant information held, does not comply with the requirement for a public authority that holds environmental information to make it available on request and that the council has, therefore, breached regulation 5(1) of the EIR. The Commissioner requires the council to issue a fresh response to the request which identifies and discloses information falling within the scope of the request or issue a fresh refusal indicating the exceptions under the EIR the council is relying on to withhold this information.EIR 5(1): Complaint upheld
Decision notice: 269884