Carmarthenshire County Council (Local government) [2018] UKICO fer0684018 (20 February 2018)
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Carmarthenshire County Council
On 28 April 2017 the complainant made a request concerning the Council’s planning compliance with National Grid defined safety protocols. The Council responded to the request on 14 June 2017 with some information and issued a refusal notice for the remainder. On 1st December 2017 the complainant expressed dissatisfaction with the response and after receiving no reply from the Council, on 8 January 2018 formally requested a review. The complainant requested that the Commissioner issue a decision notice on the matter as he believed that the Council had breached regulation 11(4) of the EIR by failing to complete a review of its response within 40 working days. However, regulation 11(2) requires an applicant requesting information under EIR to contact the public authority within 40 working days of believing that the request has not been complied with. As 6 months has elapsed between the Council’s response and the complainant’s request for a review, the Commissioner cannot consider the matter under regulation 11(4).
EIR 11(4):
Complaint not upheld
Decision notice: fer0684018
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0684018.html