Summary: The complainant submitted a request to Cheshire West and Chester Council (-˜the Council-™) for information from environmental records held on a property in Chester. The complainant specified that he wished to view the records in person. The Council agreed to provide the information requested but only on the provision of a set fee. The Commissioner-™s decision is that the Council failed to comply with regulation 5(1) as it failed to make information available on request, and 5(2) as it failed to make it available within the statutory time for compliance. The Council breached regulation 6(1) by failing to comply with the complainant-™s request to make information available in a particular format. The Council has also breached regulation 8(2)(b) by attempting to impose a charge to allow the complainant to inspect information. In addition, the Council breached regulation 11(4) by failing to provide the outcome of its internal review within 40 working days. The Commissioner requires the Council to make the requested information available for the complainant to inspect within 35 days of this notice.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 6 - Complaint Upheld, EIR 8 - Complaint Upheld, EIR 11 - Complaint Upheld