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You are here: BAILII >> Databases >> Information Commissioner's Office >> North York Moors National Park Authority (Decision Notice) [2013] UKICO FS50469988 (01 August 2013) URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50469988.html Cite as: [2013] UKICO FS50469988 |
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Summary: The complainant requested information held by the North York Moors National Park Authority (the -˜NYMNPA-™) relating to the scheduling of an area of his land as an ancient monument by English Heritage (EH). 12 acres of his land were scheduled for ancient monument protection. After an appeal which took a number of years he was successful in arranging for the area scheduled to be reduced to 2-3 acres. The complainant believes that information provided to EH by other public authorities which had responsibility for the national park prior to the NYMNPA (the county council or the National Park Committee) was responsible for the larger area of his land being scheduled. He requested information from the NYMNPA as he believes that it holds information relating to that. The complainant had asked the NYMNPA for a copy of a sketch plot map to aid his appeal for a number of years but was told that this was not held. However this was found by the authority shortly after his appeal against the area scheduled was successful. It was then disclosed to him. The complainant also asked for other information from the authority such as letters or emails from EH and notes taken by its officers of telephone conversations with him. The NYMNPA provided some information but said that it did not hold other information. The complainant believes that further information is held. The Commissioner has considered the authority-™s response and is satisfied that on a balance of probabilities no further information is held. He has decided however that the NYMNPA breached Regulation 5(2) as it did not disclose all of the information which it held falling within the scope of the complainant-™s request within 20 working days. The Commissioner-™s decision is therefore that the NYMNPA has not complied with the requirements of the Regulations. However the Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: EIR 5 - Complaint Not upheld, EIR 5 - Complaint Upheld
