Information Commissioner's Office

Lambeth London Borough Council

14 April 2015, Local government (Borough council)

The complainant requested information regarding a development site at the garages rear of Wavertree Court, Wavertree Road, London reference 10/04487/FUL. The London Borough of Lambeth (the Council) provided the majority of the information requested and advised the complainant that the reminder of the information which had not been provided was either not held or was exempt from disclosure under section 21 of the Freedom of information Act 2000 (FOIA). The Commissioner’s decision is that the Council has incorrectly handled the request under FOIA. He is satisfied that it has made available the majority of the information requested. However he finds the Council in breach of regulation 5(1) of the EIR in relation to questions 5 and 15 of the request as it did not provide information it held relating to fire safety and ground contamination. The Commissioner requires the Council to disclose the letter from the London Fire and Emergency Planning Authority to the London Borough of Lewisham dated 24 December 2014. Disclose drawing number 11(100) ‘proposed site plan’. Disclose Report No. 10401 – Ashmere Soil Laboratories – ‘Report on an investigation of ground conditions’ dated December 2012. This decision notice is currently under appeal to the Information Tribunal.

EIR 5: Partly upheld