Swansea Council (Local government) [2022] UKICO ic-96416 (11 April 2022)
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Swansea Council
The complainant requested information in respect of the creation of a plan relating to land at their property. Swansea Council provided an explanation regarding the reason for the creation of the plan and confirmed it was created from its Geographical Information System (GIS). It also cited section 21 FOIA (information accessible to the applicant by other means) in respect of information available from the Land Registry. The complainant is not satisfied that the Council has provided all relevant information it holds in respect of their request, or with its reliance on section 21 FOIA. The Commissioner’s decision is that the appropriate legislation under which to consider the request in its entirety is the Environmental Information Regulations 2004 (‘the EIR’) and that the Council has complied with its obligations under regulation 5(1) of the EIR. In respect of the information refused on the basis of section 21 FOIA, whilst the Council should have cited regulation 6(1)(b), which is the direct equivalent within the EIR of section 21 FOIA, the Commissioner finds that this information was available to the complainant.
EIR 5(1):
Complaint not upheld
FOI 21:
Complaint upheld
Decision notice: ic-96416
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-96416.html
