[2006] UKIT EA_2005_0001 (20 March 2006)
Information Tribunal
Appeal Number: EA/2005/0001
FS50075953
Freedom of Information Act 2000
Determined on 20th February 2006
Before
INFORMATION TRIBUNAL DEPUTY CHAIRMAN
DAVID MARKS
and
LAY MEMBERS
Peter Dixon and Suzanne Cosgrave
Between
JEFFREY SMITH
Appellant
and
THE INFORMATION COMMISSIONER
Respondent
Decision
The Tribunal dismisses the Appeal.
Reasons for Decision
(i) The letter which offered us the freehold as opposed to a long lease.
(ii) The reply, which turned down the freehold.
(iii) Report 14/99 to the Financial Management Sub-Committee on 28 January 1999.
(iv) Minutes of the above meeting.
(v) Report to the Community Development Committee 2 February 1999.
(vi) Minutes of the above meeting.
(vii) Details of the property supplied to Athawes.
"We did give the group the first refusal. As with similar property transfers, we offered them very generous terms. But they refused after very protracted negotiations."
The second article referred to by the Appellant dated 2 January 2003 is from the Wembley Observer with particular reliance being placed upon remarks again made by a "spokesman" of the Council framed in similar terms.
s.58 of the Act, the Tribunal shall allow an appeal if the Notice is not in accordance with the law, or to the extent that the Notice involved an exercise of discretion by the Commissioner, if the Tribunal determines that the Commissioner ought to have exercised his discretion differently. With regard to both questions, s.58(2) confirms that on an appeal, the Tribunal may review any finding of fact on which the Notice was based.
Signed Date: 20th March 2006
David Marks Deputy Chairman
Peter Dixon Lay Member
Suzanne Cosgrave Lay Member