Summary: The complainant requested information relating to environmental impact screening for a proposed development. The public authority refused the request as -˜manifestly unreasonable-™ under the provisions of regulation 12(4)(b) of the EIR. The Commissioner-™s decision is that West Berkshire Council has incorrectly applied the provisions of regulation 12(4)(b) to the complainant-™s request and, by its refusal of the request, has not dealt with the request in accordance with the requirements of the EIR. The Commissioner requires the public authority to respond to the request in compliance with the requirements of regulation 5(1) of the Environmental Information Regulations 2004.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Upheld