FER0214141: Difference between revisions

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{{DNSummaryBox
{{DNSummaryBox
|dn_ref=FER0214141
|dn_ref=FER0214141
|dn_date=10/02/2010
|dn_date=10 February 2010
|dn_pa=Department of the Environment (NI)
|dn_pa=Department of the Environment (NI)
|dn_summary=The complainants requested information relating to legal advice obtained regarding a planning application. The DOE disclosed some information but withheld the actual legal advice under regulation 12(5)(b) of the EIR. The Commissioner is satisfied that the information requested is environmental information and also finds that regulation 12(5)(b) is engaged. The Commissioner finds that the public interest in maintaining the exception outweighs the public interest in the disclosure of the information. The Commissioner also finds that the DOE was in breach of regulation (5)(2) by failing to release the non-exempt information within 20 working days.
|dn_summary=The complainants requested information relating to legal advice obtained regarding a planning application. The DOE disclosed some information but withheld the actual legal advice under regulation 12(5)(b) of the EIR. The Commissioner is satisfied that the information requested is environmental information and also finds that regulation 12(5)(b) is engaged. The Commissioner finds that the public interest in maintaining the exception outweighs the public interest in the disclosure of the information. The Commissioner also finds that the DOE was in breach of regulation (5)(2) by failing to release the non-exempt information within 20 working days.
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}}
}}
{{DNDecision
{{DNDecision
|1=EIR 12(5)(b)
|dnd_section=EIR 5(2)
|2=Not upheld
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 11(4)
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 14(3)
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=EIR 12(5)(b)
|dnd_finding=Not upheld
}}
}}

Latest revision as of 22:21, 15 May 2010


Decision Summary

  • Case Ref: FER0214141
  • Date: 10 February 2010
  • Public Authority: Department of the Environment (NI)
  • Summary: The complainants requested information relating to legal advice obtained regarding a planning application. The DOE disclosed some information but withheld the actual legal advice under regulation 12(5)(b) of the EIR. The Commissioner is satisfied that the information requested is environmental information and also finds that regulation 12(5)(b) is engaged. The Commissioner finds that the public interest in maintaining the exception outweighs the public interest in the disclosure of the information. The Commissioner also finds that the DOE was in breach of regulation (5)(2) by failing to release the non-exempt information within 20 working days.
  • View PDF of Decision Notice: [1]