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Decision Summary

  • Case Ref: FS50231767
  • Date: 26 November 2009
  • Public Authority: Hampshire County Council
  • Summary: The complainant requested a copy of the internal legal advice which the Council obtained in respect of a right of way across land known as Rotherwick which is currently a golf course. The Council refused the request claiming that the exceptions in Regulations 12(4)(e) and 12(5)(b) of the Environmental Information Regulations 2004 (‘the Regulations’) applied.. The Commissioner’s decision is that the information requested is legal advice, Regulation 12(5)(b) is engaged and the public interest in maintaining the exception outweighs the public interest in disclosing the information. As the application of Regulation 12(5)(b) is upheld no finding has been made on the exception at regulation 12(4)(e). This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]