Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Shropshire Council (Local government) [2023] UKICO 233084 (26 July 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/233084.html
Cite as: [2023] UKICO 233084

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Shropshire Council

The complainant has requested background information on Shropshire Council’s (‘the Council’) handling of the objections it has received to a proposed relief road for which it is the planning applicant. The Council refused the request on the grounds that it engaged regulation 12(4)(b) (Manifestly unreasonable request) of the EIR, due to burden. However, it referred the complainant to information on its planning portal that related to the general matters covered by the request. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) of the EIR to refuse the request. However, it breached regulation 9(1) of the EIR by not providing appropriate advice and assistance. The Commissioner requires the Council to disclose to the complainant the internal document it has identified to the Commissioner as being of likely further assistance, with appropriate redactions for any personal data and to provide the complainant with appropriate advice and assistance on how he might narrow down/refine the request so that it would not engage regulation 12(4)(b), or explain why this would not be possible.

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

Decision notice: 233084