Information Commissioner's Office

Summary: The complainant requested information from Almondsbury Parish Council (the Parish Council) concerning the movement of aviation fuel tankers from Hallen Petroleum Storage Depot and other HGVs through Hallen. The public authority responded by directing the complainant to South Gloucestershire Council as the clerk to the Parish Council could not recall any discussions on this subject. The Commissioner does not consider this an adequate response as it did not categorically confirm or deny whether information was held by the public authority. The Commissioner found that the information requested would, if held, be environmental information and should have been considered under the Environmental Information Regulations 2004 (EIR) and, in failing to do so the public authority has breached regulations 5(2) of the EIR. The Commissioner requires the public authority to either provide the information or issue a valid refusal notice that complies with regulation 14 of the EIR within 35 days of the date of this notice.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld