13 September 2017, Local government (District council)
The complainant requested correspondence relating to a planning application. Sedgemoor District Council (the Council) refused the request under section 14(1) of the Freedom of Information Act 2000 (the Act) as it was vexatious. The Commissioner’s decision is that the request is vexatious. However, she finds that the Council should have refused the request under regulation 12(4)(b) of the EIR instead of section 14(1) of the Act, as the request was for environmental information. The Commissioner finds that the balance of the public interest test favours maintaining the exception. The Commissioner does not require any steps to be taken for the Council to be compliant with the relevant legislation.
EIR 12(4)(b): Not upheld