Information Commissioner's Office

East Devon District Council

12 May 2015, Local government (District council)

The complainant requested various items of information from East Devon District Council (“the council”) relating to the council’s proposed relocation from Knowle. The council responded to the requests by supplying internet links to information it had already published on its website. It subsequently said that some information was excepted under regulation 12(4)(e), 12(5)(b) and 12(5)(e) of the Environmental Information Regulations 2004 (“the EIR”). These exceptions relate to internal communications, information that would adversely affect the course of justice and the confidentiality of commercial information. The council also referred to the exemption under section 21 of the Freedom of Information Act 2000 (“the FOIA”). The Commissioner found breaches of regulation 5(1) and 5(2) of the EIR for the failure to make information available. He found a breach of regulation 9(1) because of the council’s failure to provide reasonable advice and assistance. Additional breaches under regulation 14(2) and 14(3)(a) and (b) were found for the failure to justify a refusal to provide information. Finally, there was a breach of regulation 11(4) for the failure to conduct an internal review within 40 working days. The Commissioner has not ordered any steps to take for reasons that are explained in the decision notice.

EIR 5(1): Upheld EIR 2: Upheld EIR 11(4): Upheld EIR 14: Upheld EIR 14(3)(a): Upheld EIR 14(3)(b): Upheld