Information Commissioner's Office

Geoplace LLP

8 June 2015, Other

The complainant has requested information from GeoPlace LLP (“GeoPlace”) regarding whether a street or alley is adopted. GeoPlace has explained that it is not a public authority for the purposes of the EIR or the Freedom of Information Act 2000 (the “FOIA”). It has therefore refused to respond to this request under either piece of legislation. It has also argued that the request is not a request for environmental information. Following the decision in the case Fish Legal v Information Commissioner & Others (GIA/0979/2011 & GIA/0980/2011) (“Fish Legal”), GeoPlace repeated its position that it does not consider it is a public authority. However it decided it would voluntarily comply with both the EIR and the FOIA as a matter of policy. It has therefore now provided a response to the complainant. The complainant is not satisfied with this response and has argued GeoPlace has an obligation to provide full access to the information required under the FOIA or the EIR. The Commissioner’s decision is that this request is for environmental information but that GeoPlace is not a public authority for the purposes of the EIR. He therefore considers that GeoPlace is not obliged to respond to this request under the EIR and requires no steps to be taken in this case.

EIR 2(2)(c): Not upheld EIR 2(2)(d): Not upheld