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Wiltshire Council (Local government) [2024] UKICO 311983 (21 November 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/311983.html
Cite as:
[2024] UKICO 311983
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Wiltshire Council
The complainant has requested specific data relating to the 2023–2024 Bradford on Avon Traffic Study. Wiltshire Council stated that the information was held but already publicly available for the purposes of regulation 6(1)(b) (Information already publicly available) of the EIR, on the basis that it could be provided for a charge. During the course of the Commissioner’s investigation the Council stated that it was now relying on regulation 12(4)(b) (manifestly unreasonable requests) of the EIR on the grounds that to comply with the request would incur an unreasonable burden on its resources. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(b) of the EIR to refuse to comply with the request. However, the Council has not complied with its duty under regulation 9(1) of the EIR to provide advice and assistance to the complainant. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Provide the complainant with advice and assistance to help them to submit a request that does not create an unreasonable burden.
EIR 12(4)(b):
Complaint not upheld
EIR 9(1):
Complaint upheld
Decision notice:
311983