South Kesteven District Council (Local government) [2024] UKICO 276877 (21 May 2024)
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South Kesteven District Council
The complainant has submitted a request to South Kesteven District Council (the council) for information relating to specific planning applications. The Commissioner’s decision is that the council is entitled to rely on regulation 12(4)(b)(manifestly unreasonable) to refuse to provide the requested information. However, the Commissioner finds that the council did not comply with its obligations under regulation 9(1) of the EIR to offer advice and assistance. The Commissioner has also concluded that the council breached regulations 5(2) and 14(2) of the EIR by failing to respond and issue a refusal notice to the request within 20 working days. The Commissioner requires the council to take the following steps to ensure compliance with the legislation: • Provide the complainant with advice and assistance to help them submit a less burdensome request.
EIR 12(4)(b):
Complaint not upheld
EIR 9(1):
Complaint upheld
EIR 5(2):
Complaint upheld
EIR 14(2):
Complaint upheld
Decision notice: 276877
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URL: http://www.bailii.org/uk/cases/UKICO/2024/276877.html
