Summary: The complainant requested information from Shropshire Council (the Council) regarding planning matters at a property. When the Council responded to the request, it refused to supply some of the requested information citing section 40(2) of the Freedom of Information Act. Whilst the public authority dealt with the request under the Freedom of Information Act, the Commissioner is of the opinion that the information was of an environmental nature and that the request should therefore have been dealt with under the Environmental Information Regulations. Consequently the Commissioner finds that, the Council is entitled to withhold the remaining information under Regulation 13. However, in responding outside the statutory time, the public authority breached regulation 5(2) of the Environmental Information Regulations.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 13 - Complaint Not upheld