Information Commissioner's Office

Summary: The complainant is in a dispute with the council over the actions it took relating to planning matters on his neighbours property. He asked the council to explain how -�the council can allow residential development to take place without a change of use being granted-�. The council initially refused to respond to the request as it argued that a question did not constitute a valid request under the Act. The Commissioner therefore provided guidance on the issue of questions being regarded as requests under the Act. The council then wrote to the complainant and refused the request under Regulation 12(4)(b) (manifestly unreasonable). The Commissioner's decision is that the council was correct to apply Regulation 12(4)(b) to the request and that the public interest favours maintaining the exception in this instance. However the council breached Regulation 14(3)(a) and (b) and 14(5)(a) and (b) in that it did not initially provide a valid refusal notice which provided all of the details which are required within refusal notices under the Regulations.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld