Torbay Council

The complainant requested information relating to dust monitoring data from a former gas works site. The Council refused to disclose the information citing regulation 12(5)(c) of the EIR. During the course of the Commissioner’s investigation the Council also sought to rely on regulation 12(5)(e) and 12(5)(f). The Commissioner ascertained that the requested information had already been disclosed to the complainant by another public authority, and at this point the Council agreed to disclose the requested information. The Commissioner’s decision is that the Council breached regulation 5(2) of the EIR in that it disclosed the requested information outside the statutory time for compliance. No steps are required.