West Lancashire Borough Council (Local government) [2018] UKICO fs50716013 (19 September 2018)
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West Lancashire Borough Council
The complainant through his MP requested information in relation to the Council’s agreements and other arrangements with United Utilities (UU) including copies of all communication, notes, meeting agendas and minutes of the meetings between the Council and UU, and copies of all communication, notes, meeting agendas and minutes of the meetings between the Council and Environment Agency (EA). The Council refused to comply with the request as it considered it to be manifestly unreasonable under regulation 12(4)(b) of the Environmental Information Regulations (“the EIR”). The Commissioner’s decision is that the Council has correctly applied regulation 12(4)(b) and the public interest favours maintaining the exception. The Commissioner also finds that in failing to respond to the request for environmental information within the statutory timeline, the Council has breached regulation 5(2) of the EIR. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
EIR 5(2):
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
Decision notice: fs50716013
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50716013.html
