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Tunbridge Wells Borough Council (Local government) [2020] UKICO fs50872328 (12 February 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50872328.html
Cite as:
[2020] UKICO fs50872328
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Tunbridge Wells Borough Council
The complainant has requested information about a local building development. Tunbridge Wells Borough Council (‘TWBC’) disclosed some information, but said that it was not required to comply with the request on the grounds that it was manifestly unreasonable within the meaning of regulation 12(4)(b) of the EIR. The Commissioner’s decision is that TWBC was entitled to refuse the request under regulation 12(4)(b) of the EIR. She also decided that the level of advice and assistance provided by TWBC complied with the requirements of regulation 9(1) of the EIR. However, she found that because TWBC failed to specify to the complainant the EIR exception under which it was refusing the request, or to explain to him its consideration of the public interest, TWBC breached regulations 14(3)(a) and (b) of the EIR.
EIR 14(3)(b):
Complaint upheld
EIR 14(3)(a):
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
EIR 9(1):
Complaint not upheld
Decision notice:
fs50872328