Aylesbury Vale District Council (Local government) [2020] UKICO fer0866950 (14 May 2020)
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Aylesbury Vale District Council
The complainant requested photographs of a neighbouring property taken by the Aylesbury Vale District Council (AVDC) when assessing whether it met with permitted development rules. He also requested copies of the notes written by officers assessing the development. He considers that the council may not have assessed the development properly. The council applied Regulation 12(4)(b) (manifestly unreasonable requests), and Regulation 13(1) (personal data of third parties) and stated that it held no information in relation to officer’s notes (Regulation 12(4)(a)). However, during the course of the Commissioner's investigation it carried out further searches and provided the complainant with an electronic copy of the officer’s notes. Aylesbury Vale District Council merged with other authorities to become Buckinghamshire Council on 1 April 2020. The Commissioner’s decision is that the council was not correct to apply Regulation 12(4)(b) to the information. She has also decided that the council failed to comply with Regulation 5(2) in that it did not provide copies of the officer’s notes within 20 working days. She has however decided that the council was correct to apply Regulation 13 to withhold photographs taken on the property during the council’s assessment of the development. The Commissioner does not require the council to take any steps.
EIR 13(1):
Complaint not upheld
EIR 12(4)(b):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice: fer0866950
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fer0866950.html
