ICO The complainant has requested information relating to a planning application, to be provided to her either electronically or in hard copy. York City Council (council) initially refused to provide the information to the complainant relying on section 21(1) of the Freedom of Information Act 2000 (FOIA). Following an internal review the council changed its decision to provide the information. However, the complainant is not satisfied that all of the information has been provided within the scope of the request. The Commissioner considers that this request is a request for information under the EIR. The Commissioner’s decision is that the council has not provided all of the information to the complainant within the scope of the request and has breached regulation 5(1) of the EIR. The Commissioner has also considered the council has breached the following; regulation 5(2) of the EIR by not responding to the complainant’s information request within 20 working days, regulation 9(1) by not providing reasonable advice and assistance, and regulation 11 5(a) and (c) by not complying fully with the internal review procedure. The Commissioner requires the public authority to make the requested information available in the format requested by the complainant in the original request and to comply with regulation 11(5)(a) and regulation 11(5)(c) of the EIR.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 9 – Complaint Upheld, EIR 11 – Complaint Upheld
[2013] UKICO FER0491104
Bailii
England and Wales
Information
Updated: 06 December 2021; Ref: scu.528641
