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Information Commissioner's Office |
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You are here: BAILII >> Databases >> Information Commissioner's Office >> Luton Borough Council (Decision Notice) [2013] UKICO FS50440146 (04 February 2013) URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50440146.html Cite as: [2013] UKICO FS50440146 |
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Summary: The complainant requested information relating to the possible development of Luton Airport, the construction of the Luton/Dunstable bus way and a Joint Core Strategy. Luton Borough Council (the -˜Council-™) confirmed it held some of the relevant information about the airport but refused this request on the basis that it was manifestly unreasonable, regulation 12(4)(b) of the EIR. It provided the complainant with information about the bus way, some of which was in the form of a summary table of invoices rather than copies of actual invoices. It also confirmed that it did not hold any information about the Joint Core Strategy because this information was held by its partner in the Joint Core Strategy, Central Bedfordshire Council. The Information Commissioner finds that the Airport request was manifestly unreasonable because of the grossly oppressive burden in considering exemptions. He finds that it was not sufficient to provide a summary table and narrative of invoices, and has ordered a step for the Council to provide the actual invoices or issue a refusal notice. The Information Commissioner does not accept the Council-™s argument that the information about the Joint Core Strategy is not held. He finds that the information is held by Central Bedfordshire Council on behalf of Luton Borough Council and has ordered the Council to issue a fresh response not relying on this argument.
Section of Act/EIR & Finding: EIR 11 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld
