Summary: The Commissioner found that while retrieval and photocopying fees are permissible in principle, they were not justified on this occasion because they did not comply with article 15 of the AIE Regulations. Accordingly, the Commissioner annulled that part of the Council?s decision which related to fees and required the Council to give the appellant a fresh decision in relation to fees.
Date: 13-03-2019
Case Number: CEI/18/0038
Public Body: Offaly County Council (the Council)
Article of the Reg.:
Summary: The Commissioner was satisfied that the Partnership is not a public authority within the meaning of article 3(1) of the AIE Regulations
Date: 14-02-2019
Case Number: CEI/18/0044
Public Body: Kilkenny Abbey Quarter Development Partnership
Article of the Reg.: Art.3(1)
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Department and found that the Report constitutes “environmental information”. He did not, however, require release of the Report as refusal was justified under article 8(a)(i) of the AIE Regulations.
Date: 13-02-2019
Case Number: OCE-103174-W9G4J2 (legacy reference CEI/18/0019)
Public Body: Department of Housing, Planning and Local Government
Article of the Reg.: Art.8(a)(i) Art.12(5)
Summary: The Commissioner found that SIRO Limited does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority
Date: 07-02-2019
Case Number: Case CEI/18/0008
Public Body: SIRO Limited
Article of the Reg.:
Summary: The Commissioner found that ESBIEFML does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority
Date: 07-02-2019
Case Number: CEI/18/0004
Public Body: ESBI Engineering & Facility Management Limited (ESBIEFML)
Article of the Reg.:
Summary: The Commissioner found that while article 9(1)(c) applied to the information, the public interest in disclosure outweighed the interests served by refusal. Accordingly, he varied OCC's decision and required it to make the withheld environmental information available to the appellant.
Date: 31-01-2019
Case Number: Case CEI/17/0044
Public Body: Offaly County Council (OCC)
Article of the Reg.: Art.9(1)(c)
Summary: The Commissioner found that Raheenleagh Power does not meet the legal definition of public authority in article 3(1) of the AIE Regulations and, therefore, is not a public authority
Date: 09-01-2019
Case Number: CEI/18/0039
Public Body: Raheenleagh Power Designated Activity Company (Raheenleagh Power)
Article of the Reg.:
Summary: The Commissioner found that the Department does not hold additional environmental information within the scope of the appeal. Accordingly, he affirmed the Department's decision, while varying the ground of refusal to reflect that finding.
Date: 19-12-2018
Case Number: CEI/18/0024
Public Body: Department of Communications, Climate Action and Environment
Article of the Reg.:
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner found that the Department was justified in refusing access to the information sought under article 8(a)(i) and affirmed its decision accordingly.
Date: 19-12-2018
Case Number: CEI/18/0026
Public Body: Department of Agriculture, Food and the Marine
Article of the Reg.: Art.8(a)(i)
Summary: In accordance with article 12(5) of the AIE Regulations, the Commissioner reviewed the decision of the Council. He affirmed the Council's refusal of the request but varied the reasons for refusal, finding that refusal was justified under articles 7(5), 8(a)(i) and 9(2)(a) of the Regulations.
Date: 18-12-2018
Case Number: CEI/17/0024
Public Body: Wexford County Council (the Council)
Article of the Reg.: Art.7(5) Art.8(a)(i) Art.9(2)(a) Art.10(1)