FER0221965: Difference between revisions

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{{DNSummaryBox
{{DNSummaryBox
|dn_ref=FER0221965
|dn_ref=FER0221965
|dn_date=14/12/2009
|dn_date=14 December 2009
|dn_pa=Chiltern District Council
|dn_pa=Chiltern District Council
|dn_summary=The complainant requested the Council to release a copy of the pre-planning application file SN17253. The Council refused to disclose this information citing sections 40(2), 41(1) and 43(2) of the Act. As the complainant remained dissatisfied she approached the Commissioner. After considering the case and the withheld information, the Commissioner decided that the requested information is environmental information and therefore the complainant�s request should have been considered under the EIR. The Council reconsidered the request and decided that three documents could now be disclosed. It advised that the outstanding documents remained exempt from disclosure under regulations 12(4)(e), 12(5)(e), 12(5)(f) and 13 of the EIR. The Commissioner considered the application of these exceptions. He decided that some of the information is third party personal data and therefore remained exempt from disclosure under regulation 13 of the EIR. He considered the application of regulations 12(4)(e), 12(5)(e) and 12(5)(f) to the remaining documents and concluded that these exceptions are not engaged. The Commissioner has therefore required the Council to release the remaining documents within 35 days of this Notice.
|dn_summary=The complainant requested the Council to release a copy of the pre-planning application file SN17253. The Council refused to disclose this information citing sections 40(2), 41(1) and 43(2) of the Act. As the complainant remained dissatisfied she approached the Commissioner. After considering the case and the withheld information, the Commissioner decided that the requested information is environmental information and therefore the complainant’s request should have been considered under the EIR. The Council reconsidered the request and decided that three documents could now be disclosed. It advised that the outstanding documents remained exempt from disclosure under regulations 12(4)(e), 12(5)(e), 12(5)(f) and 13 of the EIR. The Commissioner considered the application of these exceptions. He decided that some of the information is third party personal data and therefore remained exempt from disclosure under regulation 13 of the EIR. He considered the application of regulations 12(4)(e), 12(5)(e) and 12(5)(f) to the remaining documents and concluded that these exceptions are not engaged. The Commissioner has therefore required the Council to release the remaining documents within 35 days of this Notice.
|dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fer_0221965.pdf
|dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fer_0221965.pdf
}}
}}
{{DNDecision
{{DNDecision
|1=EIR 14(3)
|dnd_section=EIR 12(4)(e)
|2=Upheld
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 12(5)(e)
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 12(5)(f)
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 13(2)(i)(a)
|dnd_finding=Not upheld
}}
{{DNDecision
|dnd_section=EIR 14(2)
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 14(3)
|dnd_finding=Upheld
}}
}}

Latest revision as of 22:21, 15 May 2010


Decision Summary

  • Case Ref: FER0221965
  • Date: 14 December 2009
  • Public Authority: Chiltern District Council
  • Summary: The complainant requested the Council to release a copy of the pre-planning application file SN17253. The Council refused to disclose this information citing sections 40(2), 41(1) and 43(2) of the Act. As the complainant remained dissatisfied she approached the Commissioner. After considering the case and the withheld information, the Commissioner decided that the requested information is environmental information and therefore the complainant’s request should have been considered under the EIR. The Council reconsidered the request and decided that three documents could now be disclosed. It advised that the outstanding documents remained exempt from disclosure under regulations 12(4)(e), 12(5)(e), 12(5)(f) and 13 of the EIR. The Commissioner considered the application of these exceptions. He decided that some of the information is third party personal data and therefore remained exempt from disclosure under regulation 13 of the EIR. He considered the application of regulations 12(4)(e), 12(5)(e) and 12(5)(f) to the remaining documents and concluded that these exceptions are not engaged. The Commissioner has therefore required the Council to release the remaining documents within 35 days of this Notice.
  • View PDF of Decision Notice: [1]
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