Hastings Borough Council (Local government) [2020] UKICO fer0852865 (12 May 2020)
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Hastings Borough Council
The complainant has requested communications sent between Hastings Borough Council (the council), and the owners of a local caravan park about a ‘joint cost survey’ into the stability of land which was affected by a landslip. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) as its basis for withholding some of the requested information, and the public interest rests in favour of maintaining this exception. With regards to the remaining information held relevant to the request, the Commissioner has concluded that regulation 12(5)(e) is not engaged. Furthermore, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice within 20 working days. In addition, the council has also breached regulation 11(4) of the EIR by failing to provide its internal review response within the required 40 working days. The Commissioner requires the council to disclose a redacted version of the report and correspondence which has been identified as being relevant to the request.
EIR 11(4):
Complaint upheld
EIR 12(5)(e):
Complaint partly upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0852865
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0852865.html
