Hastings Borough Council (Local government) [2020] UKICO fs50819028 (22 April 2020)
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Hastings Borough Council
The complainant has requested information held by Hastings Borough Council (the council) that relates to proposals for a water drainage system following landslips in Hastings Country Park. 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 all 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 part of the information contained within the correspondence that has been idenctiifed 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: fs50819028
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50819028.html
