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Decision Summary

  • Case Ref: FS50196391
  • Date: 20 October 2009
  • Public Authority: St Albans City and District Council
  • Summary: The complainant made a request to St Albans City and District Council (’the council’) for legal advice and the evidence before the Counsel concerning an application to the Land Registry for the registration of a right of way. The council initially claimed that the information was exempt under section 42 of the Freedom of Information Act (‘the Act’). The Commissioner told the council that the information should have been considered under the Environmental Information Regulations 2004 (‘the Regulations’). The council therefore reconsidered the information and applied Regulation 12(5)(b). The Commissioner’s decision is that Regulation 12(5)(b) is engaged and that the public interest in maintaining the exception outweighs the public interest in disclosing the information therefore the council was correct to withhold the information. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]