Information Commissioner's Office

Highways England

29 June 2017, Central government

In six requests, the complainant has requested information about a proposed improvement scheme for the A27 Chichester.  The proposal was subsequently withdrawn.  Highways England (HE) released information but the complainant considers that the released information does not address five of his requests. The Commissioner’s decision is that HE: does not hold the information requested in request 1[c] and has complied with regulation 5(1) (duty to make environmental information available on request) with regard to this request; has complied with regulation 5(1) with regard to request 2[a]; has not complied with regulation 5(1) with regard to requests  1[a], 3 and 6; did not breach regulation 5(2) (time for compliance) with regard to request 2[a]; and breached regulation 5(2) with regards 1[a] and 1[c], and requests 3 and 6; breached regulation 9(2)(a) and 9(2)(b) (advice and assistance) with regards to requests 1[b],  2[b] 4 and 5; and cannot rely on the exception under regulation 12(4)(b) (manifestly unreasonable request) with regard to request 1[a]. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Issue the complainant with responses to requests 1[a], 3 and 6 that comply with regulation 5(1) of the EIR. Seek clarity from the complainant with regards to requests 1[b], 2[b], 4 and 5 in line with regulation 9(2)(b), and issue responses to the clarified requests that comply with regulations 5(1) and 5(2).

EIR 5(1): Partly upheld EIR 5(2): Partly upheld EIR 9: Upheld EIR 12(4)(b): Upheld