East Riding of Yorkshire Council (Local government) [2023] UKICO 219196 (13 June 2023)
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East Riding of Yorkshire Council
The complainant has requested information relating to odour complaints arising from a particular business facility. East Riding of Yorkshire Council (“the Council”) disclosed some information in response to the request. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse to comply with the rest of the request. However, he finds that the Council breached regulations 5(2), 14(2) and 11(4) of the EIR as it failed to provide its initial response and its internal review outcome within the statutory timeframes of 20 working days and 40 working days respectively. The Commissioner does not require the Council to take any further steps on this matter.
EIR 11(4):
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 219196
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URL: http://www.bailii.org/uk/cases/UKICO/2023/219196.html
