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Decision Summary

  • Case Ref: FS50260693
  • Date: 3 December 2009
  • Public Authority: Chesterfield Borough Council
  • Summary: The complainant requested a plan of an allotment site and the names of the owners of the plots from it. The public authority responded that the information was held by the allotment association on its own behalf and that it did not hold the requested information. The complainant contested this position and the public authority maintained its position in its internal review. The Commissioner has considered the case and believes that the public authority should have processed the request under the Environmental Information Regulations as the request was for Environmental information. However, he is satisfied that the exception in 12(4)(a) applies because the requested information is not held by it for the purposes of the Regulations. He has found procedural breaches of Regulations 14(3)(a), 14(5)(a) and 14(5)(b) but requires no remedial steps to be taken.
  • View PDF of Decision Notice: [1]