Mid Ulster District Council

Summary wording for website: The complainant requested a report into the design of lands acquired by Mid Ulster District Council (“the Council”). The Council cited section 22 of FOIA and refused to provide the requested information because it was intended for future publication.
The Commissioner has considered the requested information and has concluded that the Council handled the complainant’s request under the incorrect regime. The Council should have handled it under the EIR and as such has not complied with regulation 5 of the EIR.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
• Issue a fresh response to the complainant under the EIR.
The Council must take these steps 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.