FS50176219: Difference between revisions
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Revision as of 22:12, 15 May 2010
Decision Summary
- Case Ref: FS50176219
- Date: 23 December 2009
- Public Authority: Surrey Heath Borough Council
- Summary: The complainant requested a copy of a council report into the conduct of its staff together with reports and legal advice on whether the council had been negligent in failing to impose a tree preservation order. The council refused disclosure of the information under the Act but during the Commissioner’s investigation it was withheld via the EIR. Several elements of the complaint were resolved during the course of the Commissioner’s enquiries and the investigation ultimately concerned the council’s refusal to disclose its originating letter to a planning adviser and his report in response. These items were withheld via regulations 12(4)(e) and 12(5)(b). The Commissioner found that the council had incorrectly applied the exceptions at 12(4)(e) and 12(5)(b) and had failed to comply with regulations 5(1), 5(2), 14(2), 14(3)(a) and 14(3)(b) of the EIR. The Commissioner determined that the exception at regulation 13(2)(a)(i) applied to the planning adviser’s report and ordered that the originating letter be disclosed.
- View PDF of Decision Notice: [1]
- Section of Act / Finding: EIR 5(2) - Complaint Upheld - Find other matching decisions
- Section of Act / Finding: EIR 12(4)(e) - Complaint Upheld - Find other matching decisions
- Section of Act / Finding: EIR 12(5)(b) - Complaint Upheld - Find other matching decisions
- Section of Act / Finding: EIR 13(2)(a)(i) - Complaint Upheld - Find other matching decisions
- Section of Act / Finding: EIR 14(2) - Complaint Upheld - Find other matching decisions
- Section of Act / Finding: EIR 14(3)(a) - Complaint Upheld - Find other matching decisions
- Section of Act / Finding: EIR 14(3)(b) - Complaint Upheld - Find other matching decisions
