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Decision Summary

  • Case Ref: FER0196026
  • Date: 26 January 2010
  • Public Authority: Bath and North East Somerset Council
  • Summary: On 23 October 2007 the complainant made a request for information relating to the Bath Western Riverside Scheme. Bath and North East Somerset Council refused the request citing regulation 12(4)(b) of the Environmental Information Regulations 2004 (the ‘EIR’). On 27 December 2007 the complainant refined his request and asked for to the latest financial model and viability assessments for the scheme. The Council refused this refined request on the basis of regulation 12(5)(e) and (f) of the EIR. The Commissioner determined that the Council was correct to refuse the original request by virtue of regulation 12(4)(b) of the EIR. In relation to the refined request, the Commissioner considered that regulation 12(5)(e) is engaged for the withheld information, but that the public interest favours disclosure. Further, the Commissioner found that the exception provided by regulation 12(5)(f) was not engaged. The Commissioner’s decision is that the Council must disclose the information requested on 27 December 2007. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: .pdf