Rochdale Metropolitan Borough Council (Local government) [2019] UKICO fer0754585 (22 January 2019)
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Rochdale Metropolitan Borough Council
The complainant has requested information regarding the discharge of planning conditions on a particular site. The Commissioner’s decision is that Rochdale Metropolitan Borough Council has failed to carry out a reconsideration (internal review) of a response it provided, under the Environmental Information Regulations, within 40 working days and has therefore breached Regulation 11 of the EIR. The Council also failed to respond to the request within 20 working days and therefore also breached Regulation 5(2) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: reconsider how it responded to the original request and inform the complainant of the outcome of that reconsideration in accordance with Regulation 11 of the EIR.
EIR 5(2):
Complaint upheld
EIR 11:
Complaint upheld
Decision notice: fer0754585
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URL: https://www.bailii.org/uk/cases/UKICO/2019/fer0754585.html
