Cornwall Council (Local government) [2023] UKICO 182622 (7 February 2023)
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Cornwall Council
The complainant has requested information from Cornwall Council (“the Council”) regarding a specific property and the surrounding areas. The Council refused to comply with the request, citing regulation 12(4)(b) of the EIR – manifestly unreasonable. The Commissioner’s decision is that the Council was entitled to refuse to comply with the request in accordance with regulation 12(4)(b) of the EIR. The Commissioner also finds that the Council has complied with its obligation under regulation 9 of the EIR, to offer advice and assistance. However, the Council failed to respond to the request for an internal review within 40 working days and as such, has breached 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 12(4)(b):
Complaint not upheld
EIR 9(1):
Complaint not upheld
Decision notice: 182622
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URL: http://www.bailii.org/uk/cases/UKICO/2023/182622.html
