Hastings Borough Council (Local Government): ICO 1 May 2020

The complainant has requested correspondence that relates to a Planning Contravention Notice (PCN) issued by Hastings Borough Council (the council). The council refused 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) as its basis for withholding the requested information, and the public interest rests in favour of maintaining this exception. However, the Commissioner has found that the council has breached regulation 14(2) by failing to issue a refusal notice within 20 working days. In addition, the council has also breached regulation 11(4) by failing to provide its internal review response within the required 40 working days. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 11(4): Complaint upheld EIR 12(5)(e): Complaint not upheld EIR 14(2): Complaint not upheld

[2020] UKICO fs50843630
England and Wales


Updated: 23 December 2021; Ref: scu.653593