Tunbridge Wells Borough Council

The complainant requested information relating to development of his neighbour’s house. Tunbridge Wells Borough Council (the Council) originally refused the first item of the request under regulation 13 of the EIR (third party personal data), and stated that no relevant information was held for the second item of the request. During the course of the Commissioner’s investigation the Council provided the complainant with explanations that the complainant considered satisfied the second item of his request. The Council also amended its position for the first item of the request and stated that it considered it manifestly unreasonable as per regulation 12(4)(b) of the EIR. The Commissioner’s decision is that Council has correctly refused the request as manifestly unreasonable, and that the public interest test favours maintaining the exception. No further action is required. This decision notice is currently under appeal to the Tribunal.