Omagh District Council

The complainant requested information about an Equality Impact Assessment on the Disposal of Land for the Purpose of Erecting or Retaining a Memorial or Monument. The Council handled the request under the Freedom of Information Act 2000 but did not make the information available. The Commissioner finds that the information requested is actually environmental information and therefore exempt under section 39 of the Act. Accordingly, the request should have been dealt with under the Environmental Information Regulations 2004 (EIR). The Commissioner therefore requires the Council to reconsider the request under the EIR and to either disclose the information to the complainant in accordance with Regulation 5 or issue a refusal notice under Regulation 14. Information Tribunal appeal number EA/2010/0163 dismissed.