11 October 2016, Local government (City council)
The complainant has requested information in relation to a building and its grounds. Newcastle City Council (the council) refused the request under regulation 12(4)(c) of the EIR as it considered it to be formulated in too general a manner. The Commissioner’s decision is that the council has incorrectly applied regulation 12(4)(c) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Either issue a fresh response to the complainant providing the requested information or issue a valid refusal notice without relying on regulation 12(4)(c) of the EIR. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 12(4)(c): Upheld