Summary: In an issue which relates to an area of land which is subject to flooding, the complainant requested details about land close to his property which the council considers to form part of the highway. He requested details about how the land is defined as highway, what obligations the council has to maintain the highway and details about the councils responses to any objections which it had received about his plan to buy and -˜stop up-™ the highway. In response the council provided some information to the complainant and stated that it had disclosed everything to him. The Commissioner-™s decision is that Dorset County Council has breached the Environmental Information Regulations 2004. It responded to the complainant under the Freedom of Information Act whereas the information should correctly have been considered under the Regulations. It also did not supply all of the information which it held to the complainant in response to his request. The council has however subsequently agreed to provide copies of this information (with personal data redacted) to the complainant. The Commissioner requires the public authority to provide copies of the letters it sent to objectors which it initially withheld with the names and addresses of the objectors redacted.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld