Kent County Council (Local government) [2018] UKICO fer0713831 (13 August 2018)
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Kent County Council
The complainant has requested information relating to Kent County Council’s (the council) disposal of land to Tesco in the Lowfield Street area of Dartford. The council applied regulation 12(5)(e), Regulation 12(4)(e) and Regulation 13(1) to withhold the information. The Commissioner’s decision is that the council has correctly applied Regulation 13(1) to the information. She has also decided that the council was correct to apply Regulation 12(5)(e) to the information, and that the public interest rests in the exception being maintained for this information. She has also decided that the council was correct to apply Regulation 12(4)(e) to withhold information, however the public interest in the disclosure of some of this information outweighs that in the exception being maintained. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information withheld by the council under Regulation 12(4)(e), other than the email dated 11 March 2013 sent at 11:01 and the last sentence of the third paragraph from last in the email dated 8 April 2013 sent at 14:37. This decision notice is currently under appeal to the Tribunal.
EIR 13(1):
Complaint not upheld
EIR 12(4)(e):
Complaint partly upheld
EIR 12(5)(e):
Complaint not upheld
Decision notice: fer0713831
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0713831.html
