Mid Sussex District Council (Local government) [2023] UKICO 244746 (24 October 2023)


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Information Commissioner's Office


You are here: BAILII >> Databases >> Information Commissioner's Office >> Mid Sussex District Council (Local government) [2023] UKICO 244746 (24 October 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/244746.html
Cite as: [2023] UKICO 244746

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Mid Sussex District Council

The complainant requested tendering information about a feasibility study carried out by Ricardo Plc from Mid Sussex District Council (’the council’). The council refused the request under section 43(2) of FOIA. During the course of the Commissioner's investigation the Commissioner advised the council that the information was likely to be environmental information and that it should have been considered under the EIR. It therefore applied Regulation 12(5)(e) of the EIR to withhold the information. The Commissioner’s decision is that the council was not correct to consider the information under FOIA as it is environmental information for the purposes of the EIR. He has, however, decided that the council was correct to apply Regulation 12(5)(e) to withhold the information from disclosure. The Commissioner does not require the council to take any steps.

FOI 39: Complaint upheld EIR 12(5)(e): Complaint not upheld

Decision notice: 244746


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URL: http://www.bailii.org/uk/cases/UKICO/2023/244746.html