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Causeway Coast and Glens Borough Council

  • Date 20 November 2023
  • Sector Local government
  • Decision(s) EIR 11.4: Upheld, EIR 12.5.d: Not upheld, EIR 13.1: Not upheld, EIR 14 2: Upheld, EIR 5.2: Upheld

The complainant requested from Causeway Coast and Glens Borough Council (the Council) information concerning two planning applications LA01/2018/1277/F and LA01/2021/0411/F relating to the same plot. The Council initially refused the request under regulation 12(4)(b) (manifestly unreasonable) of the EIR. However, it subsequently disclosed some information, but withheld the remainder, citing regulation 13 (third party personal data), regulation 12(5)(d) (confidentiality of proceedings) and regulation 6(1)(b) (publicly available) of the EIR.
The Commissioner’s decision is that the Council was entitled to rely on regulations 13(1) and 12(5)(d) of the EIR to refuse to provide the information. With regard to regulation 6(1)(b), the complainant did not dispute the Council’s reliance on this provision, therefore the Commissioner has not considered it in this notice. However, the Commissioner finds that the Council breached its obligations under regulations 5(2), 14(2) and 11(4) of the EIR.
The Commissioner does not require the Council to take any steps as a result of this decision.