Hastings Borough Council (Local government) [2020] UKICO fer0887780 (29 July 2020)
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Hastings Borough Council
The complainant has requested information relating to a Land Stability Site Management Plan (detailed plan) submitted to Hastings Borough Council (the council) by a local caravan park (the site). Whilst the council provided some information to the complainant, both at the internal review stage, and during the course of the Commissioner’s investigation, it advised that the remainder of the information was either not held, or was exempt from disclosure under regulation 12(5)(e) and 12(5)(b) of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) in respect of all that information which has been withheld in response to the request. In addition, the Commissioner is satisfied that, on the balance of probabilities, the council was correct when it advised the complainant that it did not hold part of the information that he had requested. However, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice to the complainant within 20 working days. It has also breached regulation 14(3) by failing to cite regulation 12(4)(a) where no recorded information was held. Furthermore, where the council did provide information in response to part of the request, it failed to do so within the prescribed time period and has therefore also breached regulation 5(2) of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 14(3):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0887780
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0887780.html
