Causeway Coast and Glens Borough Council (Local government) [2023] UKICO 227115 (20 November 2023)
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Causeway Coast and Glens Borough Council
The complainant requested from Causeway Coast and Glens Borough Council (the Council) information concerning two planning applications LA01/2018/1277/F and LA01/2021/0411/F relating to the same plot. The Council initially refused the request under regulation 12(4)(b) (manifestly unreasonable) of the EIR. However, it subsequently disclosed some information, but withheld the remainder, citing regulation 13 (third party personal data), regulation 12(5)(d) (confidentiality of proceedings) and regulation 6(1)(b) (publicly available) of the EIR. The Commissioner’s decision is that the Council was entitled to rely on regulations 13(1) and 12(5)(d) of the EIR to refuse to provide the information. With regard to regulation 6(1)(b), the complainant did not dispute the Council’s reliance on this provision, therefore the Commissioner has not considered it in this notice. However, the Commissioner finds that the Council breached its obligations under regulations 5(2), 14(2) and 11(4) of the EIR. The Commissioner does not require the Council to take any steps as a result of this decision.
EIR 13(1):
Complaint not upheld
EIR 11(4):
Complaint upheld
EIR 12(5)(d):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 227115
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URL: http://www.bailii.org/uk/cases/UKICO/2023/227115.html
