Summary: The Commissioner annulled the Council's decision. He directed the Council to undertake a fresh decision making process in respect of the appellant's revised request.
Date: 29-08-2022
Case Number: OCE-101481-F8W5X3
Public Body: Kerry County Council
Article of the Reg.: Art.9(2)(a) Art.9(2)(b)
Summary: The Commissioner found that he did have jurisdiction to consider the appeal and that Coillte was not justified in treating the request as invalid under article 6(1)(c) of the AIE Regulations.
Date: 29-08-2022
Case Number: OCE-124853-T4T4P0, [Plus 57 other cases]
Public Body: Coillte
Article of the Reg.: Art.6(1)
Summary: The Commissioner found that the information requested was ''environmental information'' within the meaning of the AIE Regulations and that ESB was not entitled to rely on article 9(1)(d) of the AIE Regulations to refuse access to that information.
Date: 26-08-2022
Case Number: OCE-94897-N8Y8Y3
Public Body: ESB
Article of the Reg.: Art.3(1) Art.9(1)(d)
Summary: The Commissioner found that the Council was justified in refusing the request for an engineer's report relating to the commercial units and for refusing the request for further information on the report relating to the shop under Article 7(5) of the AIE Regulations. The Council was not justified in redacting certain information from the records provided.
Date: 18-08-2022
Case Number: OCE-107642-Y3F7P3
Public Body: Dún Laoghaire Rathdown County Council
Article of the Reg.: Art.7(5) Art.8(a)(i)
Summary: The Commissioner found that the Council failed to demonstrate that adequate steps were taken to identify and locate all relevant environmental information held by it. Therefore, the Council was not justified in refusing access to environmental information on the basis that no relevant environmental information was held by or for it.
Date: 17-08-2022
Case Number: OCE-121910-Y3J8P8
Public Body: Dun Laoghaire Rathdown County Council
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that the request has not been dealt with in accordance with Article 4(5) of the Directive because the Department has: A) failed to give sufficient reasons under the AIE Regulations for refusing to release all records relating to the development of a procedure by the Forest Service for addressing any issues regarding the construction of potentially unsanctioned Forest Roads. B) failed to carry out the balancing test required by article 10(3)-(5) of the AIE Regulations and to give reasons for its conclusion, when attempting to rely on an exception in respect of its refusal to provide the information requested.
Date: 17-08-2022
Case Number: OCE-115109-S8Q5P5
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.7(4) Art.10(3) Art.10(4) Art.10(5) Art.11(1) Art.11(4) Art.11(5)
Summary: The Commissioner affirmed the refusal of the request, but varied the reasons, finding that the refusal was justified under Article 7(5) of the AIE Regulations.
Date: 28-07-2022
Case Number: OCE-108458-R3F5Z4
Public Body: National Transport Authority
Article of the Reg.: Art.7(5)
Summary: The Commissioner found that RTÉ is a "public authority" and that the information at issue was "environmental information" within the meaning of article 3(1) of the AIE Regulations.
Date: 27-07-2022
Case Number: OCE-108819-S8Z3Y7
Public Body: Radio Teilifís Éireann
Article of the Reg.: Art.3(1)
Summary: The Commissioner annulled Coillte's decision. He directed Coillte to undertake a fresh decision making process in respect of each of the 19 requests.
Date: 27-07-2022
Case Number: OCE-120551-L1C4T3, OCE-120552-N3B3F4, OCE-120553-K2P8N2, OCE-120559-S8Q1J5, OCE-120560-D9V5Q6, OCE-120561-Z5T1D9, OCE-120562-Z4D2N5, OCE-120563-C1G6J0, OCE-120568-P6Z6K4, OCE-120570-X3B8S0, OCE-120571-Q8Q2B4, OCE-120576-C9K5Y8, OCE-120577-M2G0Z0, OCE-120579-D7F0Z1, OCE-120580-P9G4W1, OCE-120581-L7J0K4, OCE-120582-V3X5B8, OCE-120583-G5D3T5
Public Body: Coillte
Article of the Reg.: Art.9(2)(a)
Summary: The Commissioner annulled the Department's decision on the ground that it had not conducted adequate searches in an effort to locate all relevant environmental information. He directed it to undertake a fresh decision-making process in respect of the appellant's request.
Date: 27-07-2022
Case Number: OCE-125783-L9M0L0
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: