Information Commissioner's Office

Summary: The complainant requested streetwork and highway information for the Flintshire County Council (-�the Council-�) area. The Council initially refused the request under regulation 12(4)(b) of the Environmental Information Regulations 2004 (-�the EIR-�) as it considered the request to be manifestly unreasonable. The Council later stated that it considered the request to be -�too general-� under regulation 9 of the EIR, and the complainant provided further clarification of the information sought. In its internal review the Council stated it was relying on regulations 12(4)(b) and 12(4)(c). During the Commissioner-�s investigation the Council changed its stance and stated it was relying on regulation 6(1)(b) in relation to some parts of the request and regulation 12(4)(d) in relation to other parts of the request. The Commissioner-�s decision is that the information held relating to parts 2, 3 and 4 of the request is publicly available, and therefore regulation 6(1)(b) is engaged. The Commissioner has also determined that regulation 12(4)(d) is not engaged in relation to part 5 of the request. The Commissioner requires the public authority to disclose this information to the complainant.
Section of Act/EIR & Finding: EIR 6 - Complaint Not upheld, EIR 12.4.d - Complaint Upheld