16 March 2016, Local government (County council)
The complainant has requested information in relation to building works carried out on a specific address, including the installation of a log burning stove. Cheshire West and Chester Council (the council) provided the information it held but the complainant considered it had not provided all that it held. During the Commissioner’s investigation, a further document was located and sent to the complainant. Other than this further document, the Commissioner has determined that no further information is held by the council within the scope of the request. The Commissioner did however find that the council had breached regulation 5(1) of the EIR in not providing its initial response within the permitted 20 working days following receipt of the request and that it breached regulation 11 of the EIR because it provided the complainant with its internal review outside the required 40 working days following the request for one to be conducted. As the Commissioner has determined that no further information is held and the council has now provided its initial response and internal review response to the complainant, he does not require the council to take any steps.
EIR 5(1): Upheld EIR 5(2): Upheld EIR 11: Upheld