5 October 2017, Local government (City council)
The complainant made a request to Coventry City Council (the Council) for information on a proposed new road. The Council refused to provide the requested information and cited regulation 12(4)(b). The Commissioner’s decision is that the Council is entitled to rely on the exception at regulation 12(4)(b) and, in the specific circumstance of this case, the public interest lies in maintaining the exception. The Commissioner finds that the Council did not provide adequate advice and assistance as required under regulation 9 of the EIR. She requires the Council to provide reasonable advice and assistance to aid the complainant in refining his request. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 12(4)(b): Not upheld EIR 5(2): Not upheld