Ryedale District Council
- Date 24 September 2018
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 12.5.e: Upheld, EIR 14: Upheld, EIR 5.1: Upheld
The complainant has requested information relating to Wentworth Street car park. Ryedale District Council disclosed some information and withheld other information under the FOIA exemptions for prejudice to effective conduct of public affairs (section 36), information provided in confidence (section 41), legal professional privilege (section 42) and commercial interests (section 43(2)). During the Commissioner’s investigation the council reconsidered the request under the EIR and withheld the information under regulation 12(4)(e), regulation 12(5)(b) and regulation 12(5)(e). The Commissioner’s decision is that Ryedale District Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 of the EIR, correctly applied regulation 12(5)(b) to withhold the information in parts 1 and 3 of the request and failed to demonstrate that regulation 12(5)(e) is engaged and wrongly withheld the information in part 2 of the request. The Commissioner requires the public authority to disclose the information in part 2 of the request to the complainant. This decision notice is currently under appeal to the Tribunal.