Information Commissioner's Office

Cheshire West and Chester Council

26 January 2016, Local government (County council)

The complainant requested information relating to the statutory planning index which all local planning authorities are required to retain from 1947–1974. He initially requested a copy of the index and other information (which the council responded to), however the council applied section 12(4)(b) to his request for a copy of the index. The complainant therefore narrowed his request to confirmation that an index is held by the council. The council has provided the Commissioner with details demonstrating that an index is held, of how the index is held and how the information can be searched by a member of the public. The Commissioner’s decision is that council has responded correctly to the request by confirming that it does hold an index. He has however decided that the council failed to respond to the request within the 20 working days required by Regulation 5(2). The Commissioner does not require the council to take any steps.

EIR 5(2): Upheld EIR 12(4)(b): Not upheld