Information Commissioner's Office

Conwy County Borough Council

5 December 2016, Local government (Borough council)

The complainant requested information about the refurbishment of Conwy Bridge and the Colwyn Bay Waterfront Project. Conwy County Borough Council (‘the Council’) provided some information and withheld other information under section 43 of the FOIA. During the course of the Commissioner’s investigation the Council disclosed the information it originally withheld due to the passage of time. The Commissioner’s decision is that the requested information is environmental information within the meaning of regulation 2(1)(c) of the EIR. Therefore the request ought to have been handled under the EIR rather than the FOIA. However, as the requested information has now been disclosed, the Commissioner has not ordered any steps. The Commissioner also finds that the Council breached regulation 5(2) in failing to disclose the requested information within the statutory time for compliance.

EIR 2(1): Upheld EIR 5(2): Upheld