Information Commissioner's Office

Waverley Borough Council

26 July 2016, Local government (Borough council)

The complainant has requested information about internal or external legal advice concerning an Environmental Impact Assessment with regard to a particular development (Brightwells). Waverley Borough Council (‘the Council’) handled the request under the FOIA.  It said that all the relevant information it holds is already accessible to the complainant and is therefore exempt from disclosure under section 21(1) of the FOIA.  It says that it holds no further information.  The Commissioner has decided that the request should have been considered by the Council under the Environmental Information Regulations 2004 and concluded that: under regulation 6(1)(b) the Council is not obliged to provide the relevant information that it holds as this information is already publicly available and easily accessible to the complainant in another form or format; and that with reference to regulation 12(4)(a), at the time of the request the Council held no further relevant information. The Commissioner does not require the Council to take any steps.

EIR 6(1)(b): Not upheld EIR 12(4)(a): Not upheld