Decision Notice IC-295165-Z8G5 (Ribble Valley Borough Council)
Case Outcome | Complaint not upheld |
Court | Information Commissioner (UK) |
Record Number | IC-295165-Z8G5 |
Date | 10 September 2024 |
Respondent | Ribble Valley Borough Council |
Reference: IC-295165-Z8G5
1
Freedom of Information Act 2000 (FOIA)
Environmental Information Regulations 2004 (EIR)
Decision notice
Date:
10 September 2024
Public Authority:
Ribble Valley Borough Council
Address:
Council Offices
Church Walk
Clitheroe
Lancashire
BB7 2RS
Decision (including any steps ordered)
1. The complainant requested various information about a legal easement
at a specific location. Ribble Valley Borough Council (the Council)
confirmed that some information was available on its planning portal
and stated that the remaining information held relevant to the request
was exempt under section 40(2) (personal data), section 41
(information provided in confidence) and section 42 (legal professional
privilege). During the course of the Commissioner’s investigation, the
Council accepted that the request should have been considered under
the EIR as opposed to the FOIA. It reconsidered the request under the
EIR and stated that it was now relying on regulation 13 (personal data),
regulation 12(5)(f) (interests of the provider) and regulation 12(5)(b)
(course of justice).
2. The Commissioner’s decision is that the Council correctly applied
regulation 12(5)(f) to the request. He does not require any steps to be
taken.
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