South Gloucestershire Council (Local government) [2019] UKICO fs50718158 (4 January 2019)
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South Gloucestershire Council
The complainant has requested from South Gloucestershire Council various information in connection with himself, Whale Wharf, his various companies and a number of planning applications. South Gloucestershire Council has disclosed some of the requested information but withheld the rest under Sections 41 and 43(2) of the Freedom of Information Act 2000 (the FOIA) and Regulations 12(4)(e) and 12(5)(b) of the EIR. South Gloucestershire Council has set out the withheld information in appendices numbered 8 and 9. It has stated this comprises all of the recorded information it holds falling within the scope of the complainant’s request with the exception of that which has already been disclosed. The Commissioner is satisfied on a balance of probabilities that South Gloucestershire Council has identified all the recorded information it holds. However, she finds that Sections 41 and 43(2) of the Freedom of Information Act 2000 (the FOIA) and Regulations 12(4)(e) and 12(5)(b) of the EIR have not been successfully applied to this information. The Commissioner therefore requires South Gloucestershire Council to disclose the withheld information set out in appendices 8 and 9. The public authority must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 43(2):
Complaint upheld
FOI 41:
Complaint upheld
EIR 12(5)(b):
Complaint upheld
EIR 12(4)(e):
Complaint upheld
Decision notice: fs50718158
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50718158.html
