Copeland Borough Council
- Date 13 May 2014
- Sector Local government
- Decision(s) EIR 12.4.b: Not upheld
The complainant has made a number of requests to Copeland Borough Council (the Council) regarding a housing development over three separate dates. The Council claimed it did not hold some of the requested information, advised that other requests were vexatious and did not respond to the remaining requests. The complainant has subsequently complained to the Commissioner about these matters. The relevant issues have been handled under three case reference numbers – split along the dates the requests were made – although the findings in each are set out in this decision notice. Regarding FS50519261 and the question of whether the requested land level drawings are held, the Commissioner is satisfied on the balance of probabilities that the Council is not in possession of the information. With respect to FS50516358 and FS50522472, the Commissioner has found that the requests are manifestly unreasonable for the purposes of regulation 12(4)(b) of the EIR and that in all the circumstances the balance of the public interest favours maintaining the exception. The Commissioner does not therefore require any steps to be taken as a result of this notice.