Fareham Borough Council (Local government) [2023] UKICO 227779 (21 June 2023)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Fareham Borough Council (Local government) [2023] UKICO 227779 (21 June 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/227779.html
Cite as: [2023] UKICO 227779

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Fareham Borough Council

The complainants requested information from Fareham Borough Council (‘the council’) relating to a specific planning issue. The council refused to provide the requested information citing Regulations 12(5)(b), 12(4)(d) and 12(4)(e) of the EIR. The Commissioner’s decision is that the council is entitled to rely on Regulations 12(5)(b) and 12(4)(d) to refuse to provide the requested information, apart from one document. The Commissioner has also decided that the council was not correct to apply Regulation 12(4)(e) to a small number of documents, and therefore requires that these are disclosed to the complainant. He has also decided that the council did not comply with the requirements of Regulation 5(2). The Commissioner requires the council to disclose documents 7, 8, 19, 36, and part of document 23 to the complainants in response to their request, subject to appropriate redactions under Regulation 13 (personal data of third parties).

EIR 12(5)(b): Complaint partly upheld EIR 12(4)(d): Complaint not upheld EIR 12(4)(e): Complaint upheld

Decision notice: 227779

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URL: http://www.bailii.org/uk/cases/UKICO/2023/227779.html