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Ashford Borough Council (Local government) [2023] UKICO 191314 (18 January 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/191314.html
Cite as:
[2023] UKICO 191314
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Ashford Borough Council
The complainant has requested information associated with a particular planning application. The above public authority relied on regulation 12(4)(b) of the EIR to refuse the request as manifestly unreasonable. The Commissioner’s decision is that the public authority was entitled to rely on regulation 12(4)(b) of the EIR and that the public interest favours maintaining the exception. However, he considers that the public authority breached regulation 9 of the EIR as it failed to provide adequate advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: provide the complainant with advice and assistance to help him refine his request such that it will no longer impose a manifestly unreasonable burden.
EIR 9:
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
Decision notice:
191314