The complainant requested information as to whether her own address and/or the gas yard had been identified as contaminated land. North Devon District Council (the ‘Council’) confirmed that land at the specified address had not been identified as contaminated and stated that it did not hold any information in relation to the gas yard. The complainant accepted the Council’s position in relation to her address but contested it as regards the gas yard. The Information Commissioner finds that the information requested constitutes environmental information and therefore should have been considered under the Environmental Information Regulations 2004 (EIR). He has concluded on the balance of probabilities that no information was held by the Council about the gas yard and possible contamination. It therefore complied with regulations 5(1) and 5(2) in making available the information it held within 20 working days of receipt of the request and in stating that no information was held. The Commissioner does not require the Council to take any steps.
Section of Act/EIR and Finding: EIR 5 – Complaint Not upheld
Citations:
[2013] UKICO FER0501520
Links:
Jurisdiction:
England and Wales
Information
Updated: 18 June 2022; Ref: scu.529011