Information Commissioner's Office

Hammersmith and Fulham London Borough Council

26 May 2016, Local government (Borough council)

The complainant has requested information from the London Borough of Hammersmith & Fulham (“the Council”) broadly relating to affordable housing and new developments given planning consent by the Council. The Council has dealt with the requests under the FOIA and stated that parts of the requested information is not held, provided other parts, and explained section 21 applied to the remaining information. The complainant disputed the Council’s assertion that some of the requested information was not held and that some information was reasonably accessible on the Council’s website. The Commissioner’s decision is that the information being requested is environmental information and therefore the EIR and not FOIA is the applicable access legislation. He therefore requires the Council to issue a new response to the requests under the EIR.

EIR 2(1)(c): Upheld