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London Borough of Richmond upon Thames (Local government) [2023] UKICO 235308 (3 October 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/235308.html
Cite as:
[2023] UKICO 235308
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London Borough of Richmond upon Thames
The complainant made two requests relating to planning enforcement and building enforcement records for an outbuilding at a particular address. The London Borough of Richmond upon Thames (‘LBRUT’) considered both requests jointly given they relate to the same matter. Ultimately, LBRUT disclosed some of the requested information with redactions under Regulation 13(1) (third party personal data). During the course of the Commissioner’s investigation, LBRUT located additional emails which it disclosed, with Regulation 13(1) redactions. The complainant remained concerned solely with the withholding of the internal measurements of the outbuilding and floorplan under Regulation 13(1) and the delay in responding to his requests. The Commissioner’s decision is that LBRUT was entitled to withhold the internal measurements under Regulation 13(1) of the EIR for the reasons set out in this notice. However, LBRUT breached Regulation 5(2) of the EIR as it took over the statutory maximum of 40 working days to respond and to provide the non-excepted environmental information held falling within the scope of the request. No steps are required as a result of this notice.
EIR 13(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice:
235308