13 January 2016, Local government (County council)
The complainant requested information from the council on where within a particular planning file it states that part of a listed boundary wall could be destroyed. The council initially said that the request was not valid. During the Commissioner’s investigation, the council clarified that it did not hold the specific information requested. The Commissioner accepts that on the balance of probabilities this was the case. He has found breaches of 14(2) and 14(3) of the Environmental Information Regulations 2004 (“the EIR”) because the council did not refuse the request properly. There are no steps to take.
EIR 5(1): Not upheld EIR 5(2): Not upheld EIR 14(2): Upheld EIR 14(3): Upheld