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Decision Summary

  • Case Ref: FER0184525
  • Date: 3 November 2009
  • Public Authority: Department of Energy & Climate Change
  • Summary: The complainant requested copies of all information held by the public authority about a decision to produce a document entitled ‘Onshore Wind Energy Planning Conditions Guidance Note’. The public authority disclosed some information but redacted individuals’ names from these documents on the basis of regulation 12(3) - personal data and withheld further documents on the basis of regulations 12(4)(d) – incomplete data; 12(4)(e) – internal communication; 12(5)(b) – course of justice; and 12(5)(f) – interests of the person who provided the information. The Commissioner has concluded that all of the withheld information constitutes information about emissions and therefore regulation 12(5)(f) cannot be relied upon to withhold any of the information. The Commissioner has also concluded that some of the information withheld on the basis of 12(4)(e) does not constitute internal communications. However, the Commissioner has concluded that some information does fall within the scope of regulations 12(4)(d) and 12(4)(e) respectively and the public interest favours maintaining each exception. The Commissioner has concluded that regulation 12(5)(b) does provide a basis to withhold some information and the public interest favours maintaining the exception. In disclosing the information the Commissioner has decided is not exempt, the public authority can only use regulation 12(3) to withhold the names of the individuals not already named in the published version of the Guidance Note. The Commissioner has therefore ordered disclosure of all information falling within the scope of the request except that which the Commissioner has concluded is exempt on the basis of regulations 12(5)(b) and 12(3). This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]