Sedgemoor District Council
| Case Outcome | Complaint not upheld |
| Subject Matter | Local government |
| Court | Information Commissioner (UK) |
| Date | 13 September 2017 |
| Record Number | FER0666632 |
| Respondent | Sedgemoor District Council |
Reference: FER0666632
1
Decision notice
Date: 13 September 2017
Public Authority: Sedgemoor District Council
Address: Bridgwater House
King Square
Bridgwater
Somerset
TA6 3AR
Decision (including any steps ordered)
1. The complainant requested correspondence relating to a planning
application. Sedgemoor District Council (the Council) refused the
request under section 14(1) of the Freedom of Information Act 2000
(the Act) as it was vexatious.
2. The Commissioner’s decision is that the request is vexatious. However,
she finds that the Council should have refused the request under
regulation 12(4)(b) of the EIR instead of section 14(1) of the Act, as the
request was for environmental information. The Commissioner finds that
the balance of the public interest test favours maintaining the exception.
3. The Commissioner does not require any steps to be taken for the
Council to be compliant with the relevant legislation.
Request and response
4. On 3 April 2017 the complainant made the following request for
information under the Act for:
“Invoking the provisions of the above captioned legislation please
confirm or deny whether the Council has any information (as defined)
regarding correspondence of any kind (including for the avoidance of
doubt electronic correspondence and records of conversations) from or
to any member of the Planning Committee from or to the Committee
clerk, other council officer or chair of that committee determining
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