Summary: The complainant has requested copies of all correspondence and communications within the Planning Service (an agency of the DOE) together with other information regarding a specific planning application. The DOE refused part of the complainant-s request, citing regulations 12(4)(d) and 12(5)(b) as a basis for non-disclosure. The complainant indicated his dissatisfaction with this and requested an internal review of the DOE-s decision, which to date the DOE has not conducted. The Information Commissioner-s decision is that the DOE has failed to comply with the requirements of regulations 11(3) and 11(4) of the EIR in that it failed to consider the complainant-s representations and notify him of its decision. The Information Commissioner (-the Commissioner-) requires the HPA to conduct an internal review of the complainant-s request which meets the requirements of the EIR.
Section of Act/EIR & Finding: EIR 11 - Complaint Upheld, EIR 11 - Complaint Upheld