19 October 2016, Local government (Borough council)
The complainant requested information about a particular planning application and information about the installation of a mirror on a bridge structure. The Council applied regulation 6(1)(b) to information about the planning application and stated it did not hold any information about the mirror in question. The Commissioner’s decision is that the Council correctly confirmed that information about the mirror in question is not held and therefore it complied with regulation 5 of the EIR. However, the Council failed to issue a refusal notice within 20 working days and breached regulation 14 of the EIR. The Commissioner also finds that the Council did not breach regulation 11(4) of the EIR in failing to conduct an internal review within the required timescales. This decision notice is currently under appeal to the Tribunal.
EIR 5: Not upheld EIR 11: Not upheld EIR 14: Upheld