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City of York Council

  • Date 5 May 2015
  • Sector Local government
  • Decision(s) EIR 12.4.b: Not upheld, EIR 9.1: Upheld

The complainant has requested information related to a development plan for Earswick, York. City of York Council refused to comply with the request; citing regulation 12(4)(b) of the EIR because the burden involved in doing so would be ‘manifestly unreasonable’. The Commissioner’s decision is that City of York Council has correctly applied the exception under regulation 12(4)(b) and that the public interest favours maintaining the exception.  He considers it breached regulation 9(1) because it did not ask the complainant to narrow the scope of their request within 20 working days. The Commissioner does not require City of York Council to take any further steps. Information Tribunal appeal EA/2015/0107 dismissed.