20 March 2017, Local government (Borough council)
The complainant has submitted two requests for recorded information to Hastings Borough Council. The information which the complainant seeks relates to the digging of six, one metre square test pits in Speckled Wood in Ore, Hastings. The Commissioner’s decision is that Hastings Borough Council is not entitled to rely on Regulation 12(4)(b) of the EIR in respect of the complainant’s second request. The Commissioner has also decided that the Council has, on the balance of probabilities, provided the complainant with all of the recorded information it holds in respect of the complainant’s first request and the Council has therefore complied with Regulation 5(1) of the EIR. In view of the Council’s failure to respond to the complainant’s second request, the Commissioner has decided that Hastings Borough Council has not complied with Regulation 5(1) in respect of that request.
EIR 12(4)(b): Not upheld EIR 5(1): Not upheld EIR 5(1): Upheld