Cardiff Council

The complainant requested information from Cardiff Council (“the Council”) relating to a proposed land exchange. The Council withheld the requested information under section 36(2)(c) of FOIA (prejudice to the effective conduct of public affairs). The Commissioner’s decision is that the requested information is environmental information within the definition at regulation 2(1)(c) of the EIR. The request should, therefore, have been handled by the Council under the EIR rather than the FOIA. The Commissioner requires the Council to reconsider the request under the provisions of the EIR and issue a fresh response to the complainant to ensure compliance with the legislation.