Armagh City, Banbridge & Craigavon Borough Council (Local government) [2022] UKICO 182405 (7 December 2022)
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Armagh City, Banbridge & Craigavon Borough Council
The complainant submitted two separate requests for information held by Armagh City, Banbridge & Craigavon Borough Council (the council) relating to a particular planning application. The council agreed to provide the information relevant to Request 1. However, as it took over two years for the complainant to receive such information, the Commissioner has found a breach of regulation 5(2) of the EIR. Furthermore, as the council failed to comply with the complainant’s request for this information to be made available in a particular format, it has also breached regulation 6(1) of the EIR. With regard to Request 2, the council initially withheld the information under regulation 12(5)(b) – course of justice, of the EIR. At the internal review stage the council then confirmed that, with the passage of time, it was now in a position to release the information in its entirety. However, as the council failed to issue a refusal notice in response to Request 2 within 20 working days, and then failed to carry out an internal review within 40 working days, the Commissioner has found a breach of regulation 14(2), and regulation 11(4), of the EIR respectively.
EIR 11(4):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 6(1):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 182405
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URL: http://www.bailii.org/uk/cases/UKICO/2022/182405.html
