The complainant has requested information held by Hastings Borough Council (the council) relating to proposals for the management of surface water drainage at a particular caravan park site (the site). Whilst the council provided some information to the complainant, both in its initial response to his request, and during the Commissioner’s investigation, it withheld the remaining information relevant to the request under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) in respect of all that information which has been withheld in response to the request. However, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice to the complainant within 20 working days of receipt of the request. Furthermore, as the council failed to communicate that information which the complainant was entitled to receive in response to his request within the prescribed time period, it has also breached regulation 5(2) of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 5(2): Complaint upheld EIR 12(5)(e): Complaint not upheld EIR 14(2): Complaint upheld
[2020] UKICO FER0887782
Bailii
England and Wales
Information
Updated: 28 November 2021; Ref: scu.653752