London Borough of Hackney (Local government) [2023] UKICO 178860 (13 September 2023)
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London Borough of Hackney
The complainant has requested information from London Borough of Hackney (the Council) relating to the development scheme of the Stamford Hill Morrisons Site, located at 47-49 Stamford Hill, London. The Council originally refused the request under section 12 (cost limit) of FOIA, subsequently revising their position at internal review and correctly providing a response to the request under the Environmental Information Regulations 2004 (EIR). The Council provided the complainant with some information held within scope of the request but stated that most information requested was not held and therefore regulation 12(5)(a) applied to those parts of the information requested. The Council withheld the planning pre-application information requested under regulation 12(4)(d)(material still in the course of completion) but during the Commissioner’s investigation withdrew reliance on this exception and instead applied regulations 12(5)(d)(confidentiality of proceedings) and 12(5)(f)(interests of the person who provided the information) to the same. The Commissioner’s decision is that, on the balance of probabilities, the Council do not hold most of the information requested. With regard to the planning pre-application information, the Commissioner’s decision is that this information is exempt from disclosure under regulation 12(5)(d) and that in all the circumstances of the request the public interest favours maintaining the exception. However, the Commissioner has found that the Council breached regulation 11(4) by failing to complete the internal review within the time limit required by the legislation. No steps are required.
EIR 11(4):
Complaint upheld
EIR 12(5)(d):
Complaint not upheld
EIR 12(5)(a):
Complaint not upheld
Decision notice: 178860
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URL: http://www.bailii.org/uk/cases/UKICO/2023/178860.html
