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Article #99544

Re: Meaning of "publication" for FoI purposes

#99544
From: "Peter Crosland"
Date: Tue, 07 Apr 2009 09:50
27 lines
1130 bytes
> Section 22 of the Freedom of Information Act provides an exemption
> from disclosure in the case of information "held with a view to
> publication".  That exemption is being invoked to prevent disclosure
> of the contents of a planning application file which will be made
> available for public inspection for 3 working days prior to a future
> planning committee meeting (probably 6 weeks away).  I want to see the
> file asap so that I can make meaningful representations in time to
> influence the recommendation to the committee.
>
> I don't think making a file available for public inspection for just 3
> days without even publicising that availability can amount to
> "publication".  Anybody agree or disagree with me?  Any precedents I
> can refer to?
>
> Actually there are other elements to s22 which I'm milking for all
> they're worth but it's this point about the meaning of publication
> that I'd appreciate assistance with.


Planning files are, AFAIK, always  available for publlic inspection as soon
as the application is accepted. I have never heard of any restriction on
access to them.

Peter Crosland



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