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You are here: BAILII >> Databases >> Information Commissioner's Office >> Harrogate Borough Council (Decision Notice) [2010] UKICO FER0347682 (22 November 2010) URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0347682.html Cite as: [2010] UKICO FER347682, [2010] UKICO FER0347682 |
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Summary: The complainant submitted a request to Harrogate Borough Council (-˜the Council-™) for information from environmental records held on a property in Wetherby. The complainant specified that he wished to view the records in person. The Council has breached regulation 5(1) as it failed to make the information available on request, and regulation 5(2) as it failed to make it available within 20 working days following receipt of the request. The Council has also breached regulation 6(1) by failing to comply with the complainant-™s request to make the information available in a particular format. The Commissioner finds that the Council has correctly applied the exception at regulation 12(4)(b) to information relevant to CON29R queries 1.1(f)-(h). However, in relation to this information the Council has breached regulation 14(3)(a) by failing to state the exception it relied upon in its refusal notice. It has also breached regulation 14(3)(b) by failing to conduct a public interest test in relation to this exception. The Commissioner requires the Council to allow the complainant to inspect the remaining requested information free of charge. These steps must be taken within 35 calendar days.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 6 - Complaint Upheld, EIR 12.4.b - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld
