Summary: The complainant requested information about traffic restriction orders and road signs on roads around Balcombe. The council provided some information but stated that it did not hold, or could not find other information which he had requested. The complainant asked the council to review its position. The council responded claiming that the information was exempt because of the cost which would entail searching further for information it did not believe it holds. The Commissioner wrote to the council and explained that in his view the information was environmental information and that the requests should have been considered under the Environmental Information Regulations 2004. The council agreed with this and reconsidered its position. It then responded indicating that the exception in regulation 12(4)(b) applied as it had already spent in excess of 33 hours responding to his request. The Commissioner-™s decision is that the council was not able to apply regulation 12(4)(b) because it would not be manifestly unreasonable to search further for the requested information in this instance.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Upheld, EIR 14 - Complaint Upheld