20 March 2017, Local government (District council)
The complainant has requested information from Bromsgrove District Council about a planning enforcement matter. The Council confirmed that some information was not held, and confirmed that some was held but was subject to the exception provided by regulation 12(5)(b) of the Environmental Information Regulations. The complainant contested both aspects of the Council’s response. The Commissioner’s decision is that Council does not hold the information sought by part 1 of the request, and has correctly withheld the information sought by parts 2 to 6 under regulation 12(5)(b). However the Council breached the requirement of regulation 5(2) by failing to respond within the time for compliance. The Commissioner does not require the public authority to take any steps.
EIR 5(1): Not upheld EIR 5(2): Upheld EIR 12(5)(b): Not upheld