Bar Hill Parish Council (Local government) [2023] UKICO 198796 (22 March 2023)
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Bar Hill Parish Council
The complainant requested from Bar Hill Parish Council (the Council) information regarding conifer trees at Saxon Park. The Council provided the complainant with information – a copy of the Saxon Park Tree Survey, but with information redacted. The Council cited section 43(2) (commercial interests) of FOIA to the withheld information. The Commissioner’s decision is that the information is environmental, and the Council should have considered the request under the EIR on receipt of the request and not under FOIA. In view of this, the Commissioner has recorded a breach of regulation 14(3) (refusal notices) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. • The Council must provide a substantive response to the request in accordance with its obligations under the EIR. The Council 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 FOIA and may be dealt with as a contempt of court.
EIR 14(3):
Complaint upheld
Decision notice: 198796
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URL: http://www.bailii.org/uk/cases/UKICO/2023/198796.html
