Lake District National Park Authority

The complainant has requested a copy of the Whinlatter Mountain Centre Concept and Feasibility Study. The Lake District National Park Authority (the authority) refused to disclose the information, initially, citing section 41 of the FOIA. During the Commissioner’s investigation the authority decided that the request should have been considered under the EIR and advised the Commissioner that it now wished to rely on regulations 12(5)(e) and 12(5)(f) of the EIR. The Commissioner’s decision is that the authority is entitled to refuse to disclose the requested information in accordance with regulation 12(5)(e) of the EIR. She therefore does not require any further action to be taken in this case.