Information Commissioner's Office

Summary: The complainant submitted ten linked requests for information about all planning obligations entered into by Cornwall Council (the -�Council-�) under Section 106 of the Town and Country Planning Act 1990 and Section 278 of the Highways Act 1980 for the Newquay area. The Council refused to provide this information because it considered the request to be manifestly unreasonable on the grounds of cost (Regulation 12(4)(b) of the EIR). It later withdrew this and provided information within the scope of nine of the requests. It reintroduced reliance on Regulation 12(4)(b) in relation to one of the requests and argued that it had disclosed all the information it held in relation to the other requests. The Commissioner-�s decision is that the Council is entitled to rely on Regulation 12(4)(b) in relation to one of the requests and that it has provided all the information it holds in relation to the other requests. However, in failing to provide the information within 20 working days it has contravened the requirements of Regulation 5 of the EIR. Furthermore, in failing to conduct an internal review within 40 working days, it contravened the requirements of Regulation 11 of the EIR. No steps are required.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld