London Borough of Southwark

The complainant has requested correspondence relating to a planning application made by Southwark College (“LeSoCo”) to the London Borough of Southwark (the “Council”). The correspondence he required is between a named councillor and councillors or Council officials or LeSoCo. The Council responded under the FOIA and informed the complainant that it did not hold the information requested. The Commissioner finds that the information request is environmental information and as such the request should have been dealt with under the EIR. The Council therefore failed to respond under the EIR. It also failed to inform the complainant of his right to make representations (and request an internal review). The Commissioner therefore finds that the Council has breached regulation 14(1) and 14(5)(a) of the EIR. However the Commissioner’s decision is that, on the balance of probabilities, the Council does not hold information falling within the scope of the complainant’s request. The Commissioner is satisfied that the Council has complied with Regulation 5(1) of the EIR. The Commissioner does not require the Council to take any further action in respect of this matter.