Mid Ulster District Council
- Date 30 July 2020
- Sector Local government
- Decision(s) EIR 12.4.b: Upheld, EIR 12.5.e: Not upheld
The complainant has requested information from the Council in relation to the interest expressed by business in locating within a business park, which is the proposed use for land being redeveloped by the Council. The Council refused to disclose the requested information, citing regulations 12(4)(b) and 12(5)(e) of the EIR as a basis for non-disclosure.
The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(e) of the EIR to the requested information in parts 1 and 2 of the request, however it has incorrectly applied regulation 12(4)(b) to part 3 of the request.
3. The Commissioner requires the Council to take the following step to ensure compliance with the legislation.
• Issue a fresh response to the complainant which does not rely on regulation 12(4)(b) in respect of part 3 of the request.
4. The Council must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.