23 September 2014, Local government (District council)
The complainant requested information in respect of a 2005 planning consent which had been deemed ‘contrary to policy’. The Brecon Beacons National Park Authority stated that it did not hold relevant information. The Commissioner’s decision is that the Park Authority wrongly handled the request under the FOIA instead of the EIR, and failed to issue a proper refusal notice, breaching regulation 14 of the EIR. However, that they correctly confirmed that it does not hold the requested information and, in so doing, complied with regulation 5 of the EIR. The Commissioner does not require the Park Authority to take any steps.
EIR 5: Not upheld EIR 14: Upheld