Information Commissioner's Office

Chorley Borough Council

7 September 2015, Local government (Borough council)

The complainant has requested various items of information in respect of the Chorley Local Plan 2012-2026 – Gypsy and Traveller and Travelling Showpeople Preferred Options. Chorley Borough Council initially refused the request by virtue of section 42 of the FOIA, however, following the Commissioner’s intervention, the Council accepted that it should have considered this request under the EIR and confirmed that it was relying on regulation 12(5)(b) to refuse the request. The Commissioner’s decision is that Chorley Borough Council incorrectly considered this request under the FOIA, however was justified in its subsequent reliance on regulation 12(5)(b) of the EIR to refuse this request. The Commissioner does not require the public authority to take any steps.

EIR 12(5)(b): Not upheld