Meopham Parish Council (Local government) [2024] UKICO 255968 (3 January 2024)


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Information Commissioner's Office


You are here: BAILII >> Databases >> Information Commissioner's Office >> Meopham Parish Council (Local government) [2024] UKICO 255968 (3 January 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/255968.html
Cite as: [2024] UKICO 255968

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Meopham Parish Council

The complainant requested details of four sites which Meopham Parish Council (the Council) had received in response to its call for sites for affordable housing. The Council initially refused the request under section 36 (prejudice to the effective conduct of public affairs) of the FOIA. In its internal review the Council maintained that section 36 applied to the information requested but stated that it also considered section 40(2) (personal data) and section 41 (information provided in confidence) to apply to the request. The Commissioner’s decision is that the requested information is environmental information within the definition at regulation 2(1)(c) of the EIR. The request should, therefore, have been handled under the EIR rather than the FOIA. The Commissioner requires the Council to reconsider the request under the provisions of the EIR and issue a fresh response to the complainant.

EIR 2: Complaint upheld

Decision notice: 255968


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URL: http://www.bailii.org/uk/cases/UKICO/2024/255968.html