Hastings Borough Council (Local government) [2020] UKICO fs50817223 (6 March 2020)
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Hastings Borough Council
The complainant has requested a copy of a report held by Hastings Borough Council (the council) which relates to a proposed investigation into the stability of a particular area of land that has been affected by landslips. The council refused the request under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) in respect of only part of the information that has been withheld. This is specifically in relation to the quotes which were attached to the main report that is under consideration, and also any breakdown of the estimated costs, or fees, contained within the report itself. Furthermore, the Commissioner is satisfied that the public interest favours maintaining regulation 12(5)(e) in respect of this information. With regards to all the remaining information held relevant to the request, the Commissioner has concluded that regulation 12(5)(e) is not engaged. The Commissioner also finds that the council has breached regulation 14(2) of the EIR as it failed to issue a refusal notice within the statutory 20 working days. The Commissioner requires the council to disclose the information contained within the report, with the exception of any individual costings/fees provided by third parties. The information to be disclosed should, however, include details of any final costs cited.
EIR 12(5)(e):
Complaint partly upheld
EIR 14(2):
Complaint upheld
Decision notice: fs50817223
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fs50817223.html
