Guildford Borough Council (Local government) [2020] UKICO fer0814799 (1 September 2020)
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Guildford Borough Council
The complainant has requested information relating to a proposed bridge over a railway line to replace a level crossing. The council refused the request on the basis that Regulation 12(4)(d) and Regulation 12(5)(e) applies. The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(e) to some the cost elements of the withheld information but was not correct to apply it to the withheld information as a whole. She has also decided that the council was not correct to rely upon Regulation 12(4)(d) to withhold the information. She has also decided that the council failed to comply with the time requirements for responding to requests and to requests for the decision to be reconsidered set out in Regulations 5(2) and 11(4). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose all of the withheld information to the complainant other than the options costings information, and the information included within paragraphs 9.1.9 – 9.1.12 of the main report. The total estimates for each road bridge option considered should however be disclosed.
EIR 11(4):
Complaint upheld
EIR 12(4)(e):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint partly upheld
Decision notice: fer0814799
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0814799.html
