Sevenoaks District Council (Local government) [2022] UKICO 191403 (23 December 2022)
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Sevenoaks District Council
The complainant requested information relating to a breach of planning consent on a specific estate and specific dates. Sevenoaks District Council (the ”Council”) provided a redacted copy of information in scope of the request, and cited section 40(2) (personal information) of FOIA for the redaction of the disclosed information and stated it did not hold any further information within scope of the request. The Commissioner determined that the Council incorrectly handled the request under FOIA and that the request fell to be considered under the EIR as it concerned planning and the environment. Having considered the application of regulations 13 – personal information and 12(4)(a) – information not held – which have similarities to sections 40 and 1(1) of FOIA, he is satisfied that the redacted information constitutes personal data, therefore regulation 13(1) of the EIR is engaged, and, on the balance of probabilities, the Council did not hold any further recorded information in scope of the request. The Commissioner does not require any steps to be taken as a result of this decision notice.
EIR 13:
Complaint not upheld
EIR 12(4)(a):
Complaint not upheld
Decision notice: 191403
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URL: http://www.bailii.org/uk/cases/UKICO/2022/191403.html
