Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Tonbridge & Malling Borough Council (Local government) [2019] UKICO fer0806471 (17 June 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0806471.html
Cite as: [2019] UKICO fer806471, [2019] UKICO fer0806471

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Tonbridge & Malling Borough Council

The complainant requested information relating to a planning consultation. Tonbridge and Malling Borough Council (‘the Council’) refused to provide the requested information citing regulation 12(4)(b) of the EIR on the basis the request was manifestly unreasonable. The Commissioner’s decision is that the Council was correct to handle the request under the EIR. She finds that the Council correctly applied regulation 12(4)(b) to the request and that the public interest in maintaining the exception outweighs the public interest in disclosure. The Council has complied with the requirement of regulation 9 of the EIR to provide advice and assistance. However, the Commissioner also finds that the Council breached regulation 11(4) of the EIR by failing to respond to the review request within 40 working days. As the Council has now provided a review response, it is not required to take any steps to comply with the legislation. In addition, the Council breached regulation 14(3)(b) by failing to include its public interest considerations in its refusal notice.

EIR 11(4): Complaint upheld EIR 14(3)(b): Complaint upheld EIR 12(4)(b): Complaint not upheld EIR 9(1): Complaint not upheld

Decision notice: fer0806471