Lewisham London Borough Council (Local government) [2022] UKICO ic-80489 (28 March 2022)
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Lewisham London Borough Council
The complainant submitted a request to the London Borough of Lewisham (the Council) seeking objections to the Low Traffic Neighbourhoods in the borough received by certain individuals and traffic department staff. The Council responded by stating that it did not hold the requested information. During the course of the Commissioner’s investigation the Council amended its position and sought instead to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR. The complaiant challenged its reliance on that exception and argued that the Council had failed to provide him with any advice and assistance to allow him to submit a refined request in line with regulation 9 of the EIR. The Commissioner has concluded that the Council is entitled to rely on regulation 12(4)(b) to refuse the request and that in the circumstances of this request it was not under any obligation to provide any advice and assistance. However, the Commissioner has concluded that the Council breached regulations 5(2) and 14(1) of the EIR by failing to respond to the request within 20 working days any by failing, within the same time period, to inform the complainant that it was seeking to rely on regulation 12(4)(b).
EIR 9:
Complaint not upheld
EIR 12(4)(b):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(1):
Complaint upheld
Decision notice: ic-80489
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-80489.html
