19 September 2017, Local government (Parish council)
The complainant has requested information relating to the surrender of a lease by the county council to the Parish Council. The council initially responded providing some information and applying Regulation 12((4)(d) to the information however it subsequently applied section 14(1) of FOIA (vexatious requests). The Commissioner’s decision is that the council has not correct to apply section 14 to the information as it is environmental information and should therefore have been considered under the EIR. The Commissioner has decided however that Regulation 12(4)(b) (manifestly unreasonable) does apply to the information for the same reasons outlined by the council for section 14(1) of FOIA applying. The Commissioner does not require the council to take any steps.
EIR 12(4)(b): Not upheld