Hastings Borough Council (Local government) [2021] UKICO IC-39069 (19 May 2021)
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Hastings Borough Council
The complainant requested details of three reports which he believed to have been relevant to the content of a July 2019 geotechnical report commissioned by Hastings Borough Council (the council). He also asked for copies of these reports. The Commissioner’s decision is that the council does not hold the report described within part 1 and 2 of the complainant’s request. She is also satisfied that the council correctly identified the two reports which were relevant to parts 3, 4, 5 and 6 of the request, and that the complainant has already received this information in response to previous requests. However, as the council responded to the complainant’s request outside of the statutory timescales, it has breached regulation 5(2) of the EIR. Furthermore, as the council also failed to provide its internal review response within 40 working days, the Commissioner has found there to be a breach of regulation 11(4) of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 11(4):
Complaint upheld
EIR 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: IC-39069
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-39069.html
