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You are here: BAILII >> Databases >> Information Commissioner's Office >> Wickhambreaux Parish Council (Decision Notice) [2013] UKICO FS50463579 (24 June 2013) URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50463579.html Cite as: [2013] UKICO FS50463579 |
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Summary: The complainant requested information regarding the sale of Ickham Grazing Marshes by the Church Commissioners, information relating to the Council-™s application to register Seaton Meadow as a Village Green and information about Seaton Meadow in general. The Council initially considered the whole request under the FOIA but later accepted that some information should have been considered under the EIR. It provided some information to the complainant but refused other information by virtue of sections 21, 22 and 42 of the FOIA. It also relied on section 1(1)(a) for information it discounted on the basis that it was produced by or received by Councillors and not therefore held for the purposes of FOIA. The Commissioner-™s decision is that Wickhambreaux Parish Council (WPC) has not considered this request in compliance with the EIR. The Commissioner believes it is likely that all of it would be environmental information as defined by regulation 2(1)(a) to (f) of the EIR. The Commissioner also considers that the information withheld by virtue of section 42 of the FOIA, provided to him during the course of this investigation, falls within the definition of environmental information and should have been withheld under regulation 12(5)(b) of the EIR.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, EIR 12.5.b - Complaint Upheld