The complainant has requested information relating to pollution measurements, accident and collisions and works carried out on a specified section of the A2. Medway Council refused to comply with some parts of the complainant’s request but refused to comply with other parts of the request in reliance on Regulation 12(4)(b) of the EIR, where the Council advised the complainant that his request was manifestly unreasonable. The Commissioner’s decision is that Medway Council correctly applied Regulation 12(4)(b) of the EIR to part 4 of the complainant’s request. The Commissioner determined that the Council is entitled to aggregate all of the parts of the complainant’s request for the purpose of its application of Regulation 12(4)(b). The Commissioner has also decided that the Council breached Regulation 9 of the EIR by failed to provide advice and assistance to the complainant in respect of his request, and also that it breached Regulation 5(2) by failing to respond to the complainant’s request within the twenty day compliance period.
EIR 9: Complaint upheld EIR 12(4)(b): Complaint not upheld EIR 5(2): Complaint upheld
[2018] UKICO fer0706279
Bailii
England and Wales
Updated: 07 August 2021; Ref: scu.621257