Information Commissioner's Office

Lambeth London Borough Council

4 October 2016, Local government (Borough council)

The complainant has requested various items of information in respect of planning and bin surrounds at Wyatt Park Road. The Council initially refused this complaint by virtue of section 30(1)(b) of the FOIA. Following the Commissioner’s procedural investigation of this request, the Council issued a response stating that it did not hold relevant information. Following a further response to the complainant, the Council is now relying on regulation 12(4)(b) of the EIR. The Commissioner’s decision is that the London Borough of Lambeth has incorrectly relied on regulation 12(4)(b) in respect of this request.  The Commissioner requires the public authority to issue a fresh response that does not rely on regulations 12(4)(b).

EIR 12(4)(b): Upheld