The complainant requested information about the possible development of a particular site. Monmouthshire County Council (‘the Council’) refused to comply with the request on the basis that it was manifestly unreasonable for the purposes of regulation 12(4)(b) of the EIR. The Commissioner’s decision is that the request is not manifestly unreasonable and the exception is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: issue a fresh response under the EIR without relying on regulation 12(4)(b).The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Section of Act/EIR and Finding: EIR 12.4.b – Complaint Upheld
Citations:
[2013] UKICO FER0490575
Links:
Jurisdiction:
England and Wales
Information
Updated: 09 May 2022; Ref: scu.528592