Hastings Borough Council (Local government) [2020] UKICO fs50830244 (7 April 2020)
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Hastings Borough Council
The complainant has requested information provided to Hastings Borough Council (the council) by geotechnical engineers about the causes, and possible stabilisation, of a landslip which had occurred in the local area. The Commissioner’s decision is that the council is entitled to withhold that information which has been identified as being relevant to the complainant’s request. However, the Commissioner has found that the council has breached regulation 14(2) of the EIR as it failed to issue a refusal notice within 20 working days of receipt of the request. In addition, as the council failed to specify in its responses to the complainant what exception it was relying on, or its consideration of the public interest test, it has breached regulation 14(3)(a) and 14(3)(b) of the EIR respectively. The council has also breached regulation 11(4) of the EIR as it did not provide its internal response within the required 40 working days. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 14(3)(b):
Complaint upheld
EIR 11(4):
Complaint upheld
EIR 14(3)(a):
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
EIR 14(2):
Complaint upheld
Decision notice: fs50830244
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fs50830244.html
