Stroud District Council (Local government) [2022] UKICO 161213 (3 November 2022)
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Stroud District Council
The complainant requested from Stroud District Council all emails and written communications relating to planning applications S.21/0388/FUL and S.21/00389LBC between the applicant and/or the applicant’s agent and the local planning authority. Stroud District Council disclosed some of the requested information but made redactions under Regulations 13 and 12(5)(e) of the EIR. The Commissioner’s decision is that Stroud District Council has successfully engaged Regulation 13(1) in relation to the names, email addresses and phone numbers of the applicant and the applicant’s agent architects and the email addresses and phone numbers of its planning employees. However, the Commissioner finds that Stroud District Council has not engaged Regulation 13(1) in relation to the names of its planning department employees. With regard to Regulation 12(5)(e) the Commissioner’s decision is that Stroud District Council has not successfully engaged the exemption. The Commissioner’s decision is therefore that Stroud District Council should disclose the names of its planning employees and the information it has withheld under Regulation 12(5)(e). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the names of its planning employees that it redacted under Regulation 13(1). Disclose the information it has withheld under Regulation 12(5)(e).The public authority must take these steps 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 FOIA and may be dealt with as a contempt of court.
EIR 13(1):
Complaint partly upheld
EIR 12(5)(e):
Complaint upheld
Decision notice: 161213
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URL: http://www.bailii.org/uk/cases/UKICO/2022/161213.html
