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Decision Summary

  • Case Ref: FER0192430
  • Date: 21 December 2009
  • Public Authority: London Borough of Camden
  • Summary: The complainant requested information about discussions relating to the Brill Place site near to the British Library. The London Borough of Camden (“the Council”) initially withheld most of the information under various exceptions under the Environmental Information Regulations 2004 (“the EIR”) and the Freedom of Information Act 2000 (“the FOIA”). As the Commissioner decided that the withheld information was environmental, he investigated the Council’s application of exceptions under regulation 12(4)(e), 12(5)(b), 12(5)(e) and regulation 13(1). The Commissioner decided not to consider a late claim of regulation 12(5)(d). During the Commissioner’s investigation, the Council mistakenly disclosed some information that it had claimed was excepted under regulation 13(1) and 12(5)(b) and it also agreed to disclose some information informally. Regarding the remaining withheld information, the Commissioner found that the Council was unable to justify reliance on 12(4)(e) and 12(5)(e) and that it had incorrectly withheld some information under regulation 12(5)(b) and 13(1). However, he found that some information was exempt under 12(5)(b) and regulation 13(1). He has ordered disclosure of all other information held by the Council falling within the scope of the complaint. The Commissioner also found that the Council had breached regulation 5(1), 5(2), 14(2) and 14(3)(a) and (b) of the EIR.
  • View PDF of Decision Notice: [1]