Hastings Borough Council (Local government) [2020] UKICO fer0887782 (29 July 2020)
BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
[New search]
[Printable PDF version]
[Help]
Hastings Borough Council
The complainant has requested information held by Hastings Borough Council (the council) relating to proposals for the management of surface water drainage at a particular caravan park site (the site). Whilst the council provided some information to the complainant, both in its initial response to his request, and during the Commissioner’s investigation, it withheld the remaining information relevant to the request under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) in respect of all that information which has been withheld in response to the request. However, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice to the complainant within 20 working days of receipt of the request. Furthermore, as the council failed to communicate that information which the complainant was entitled to receive in response to his request within the prescribed time period, it has also breached regulation 5(2) of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: fer0887782
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0887782.html
