Summary: The complainant submitted a request to the City of York Council (-˜the Council-™) for information from environmental records held on a property in York. The Council stated that it would only provide a collated version of this information upon provision of a fee. The Commissioner finds that Council has breached regulations 5(1) and 5(2) of the EIR as it failed to make the requested information available on request within the statutory time for compliance. The Council has breached regulation 8(3) by imposing an unreasonable charge for the provision of environmental information. The Council has breached regulation 6(2)(c) by failing to make the applicant aware of the appeal provisions of the EIR when refusing to provide information in a specific form. It has also breached regulation 11(4) by failing to provide its internal review to the complainant within 40 working days. The Commissioner requires the Council to make the requested information available to the complainant for a reasonable fee 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