South Cambridgeshire District Council (Local government) [2020] UKICO fer0841426 (24 June 2020)
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South Cambridgeshire District Council
The complainant has requested information regarding an outline application for the building of nine dwellings. South Cambridgeshire District Council answered some questions. It also explained that it did not hold some of the requested information, citing regulation 12(4)(a) (information not held at the time of the request) of the EIR. The Commissioner’s decision is that South Cambridgeshire District Council has relied on regulation 12(4)(a) of the EIR in relation to some of the requested information, appropriately. The Commissioner considers that in relation to a requested report, South Cambridgeshire District Council was not correct to state, on the balance of probabilities, that it does not hold some additional information. The Commissioner also considers that the council has breached regulation 5(2) (Duty to make available environmental information on request), 11(4) (Representations and reconsideration) and 9(1) (Advice and assistance) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To reconsider whether it holds the requested report in relation to question 17(2) of the request. If it does, to either disclose it to the complainant or explain which exception(s) it is relying on. South Cambridgeshire District Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 11(4):
Complaint upheld
EIR 12(4)(a):
Complaint partly upheld
EIR 9(2):
Complaint upheld
EIR 5(2):
Complaint upheld
Decision notice: fer0841426
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0841426.html
