Colchester Borough Council

The complainant has requested information from Colchester Borough Council concerning the adoption of a footpath at St Luke’s Chase, Tiptree, Essex. The Council has refused to correspond with the complainant further about this matter and has done so in reliance of Regulation 12(4)(b) – where, if it is held, the information would constitute environmental information, and section 14(1) – where, if it is held, the information would fall for consideration under the FOIA. The Commissioner’s decision is that Colchester Borough Council is entitled to rely on both Regulation 12(4)(b) of the EIR and section 14(1) of the FOIA to refuse to comply with the complainant’s request. He has also decided that the Council has breached Regulation 14(3) of the EIR and section 17 of the FOIA by failing to inform the complainant that it was refusing to comply with his request in reliance of an appropriate exception and exemption. The Commissioner requires no further action to be taken by the public authority in respect of this matter.