North Hertfordshire District Council (Local government) [2018] UKICO fer0708522 (26 June 2018)
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North Hertfordshire District Council
The complainant requested information relating to pre-application correspondence relating to a specific site which was part of a proposed local plan. The council initially applied Regulation 12(5)(e)(commercial confidentiality) and 12(5)(f)(interests of a third party) to the information. After reviewing its decision it disclosed some information but it applied Regulation 12(4)(b) (manifestly unreasonable) on the basis that it could not carry out further searches of its general file system without significantly affecting its network systems over a period of days. However during the course of the Commissioner’s investigation it said that it had carried out further searches and confirmed that it does not hold any relevant information falling within the scope of the request. The Commissioner’s decision is that on a balance of probabilities the council was correct to say that it does not hold any information falling within the scope of the request. The Commissioner does not require the council to take any steps.
EIR 12(4)(a):
Complaint not upheld
Decision notice: fer0708522
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0708522.html
