Summary: The complainant requested legal advice in connection with the consideration of a request for an environment screening direction about a particular development and more general information about environmental impact assessments. The Welsh Assembly Government (-˜the Welsh Government-™) withheld some information under regulation 12(4)(e) of the EIR, and during the course of the Commissioner-™s investigation it also sought to rely on regulation 12(5)(b) in relation to this information. In relation to the second part of the request, the Welsh Government did not accept this as a valid request for information. The Commissioner-™s decision is that the Welsh Government correctly applied regulation 12(5)(b) to part of the request. He also considers that the second part of the request is a valid request for information. The Commissioner requires the Welsh Government to comply with regulation 5 of the EIR and either disclose the requested information or issue a valid refusal notice in accordance with regulation 14.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 12.5.b - Complaint Not upheld