XYZ Limited c/o Solicitors and Dún Laoghaire-Rathdown County Council (FOI Act 2014) (Dún Laoghaire-Rathdown County Council)

Since late 2015 the applicant has been attempting to obtain access to certain related records held by the Council under the provisions of the FOI Act. At that time, it made a request for records of all communications held by the Council relating to it, including records in relation to its property, title, any covenant or burdens affecting or alleged to affect its land, claims for compensation and various related legal proceedings. The Council refused that request.

As the Council failed to issue a new decision on the request, the applicant sought a further review by this Office of the deemed refusal of the request. During the course of that review, the Council eventually refused the request under section 15(1)(c). Following further correspondence with this Office, the applicant subsequently withdrew its application for review and submitted an amended request to the Council on 8 February 2017.

Following its consideration of the applicant's response of 6 June 2018, the Council issued its effective position on the request on 13 July 2018, in which it refused the request under section 15(1)(c) on the ground that processing the request would cause substantial and unreasonable interference and disruption with its work. The applicant was dissatisfied with the Council-�s position and on 29 August 2018 it informed this Office that it wished the review to proceed.

During the course of this review, Ms Swanwick of this Office provided the applicant with the key details of the Council-�s submission, in which it explained why it considered that it was justified in refusing the request under section 15(1)(c), and she informed the applicant of her view that its decision was justified. The applicant indicated in its submission dated 17 October 2018 that it did not agree with Ms Swanwick-�s view. Accordingly, I have decided to conclude this case by way of formal binding decision.

In conducting my review, I have had regard to the relevant correspondence between the Council and the applicant on the request and to correspondence between this Office and both the Council and the applicant on the matter, including the applicant's submissions of 19 September 2018 and 17 October 2018 on the matter.