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National Infrastructure Commission

  • Date 17 November 2016
  • Sector Central government
  • Decision(s) EIR 11: Not upheld, EIR 12.4.b: Not upheld, EIR 4: Not upheld, EIR 5.2: Upheld

The complainant requested information about a consultation. The National Infrastructure Commission (NIC) considered the request to be manifestly unreasonable under regulation 12(4)(b) of the EIR and refused to comply with it. NIC subsequently published the requested information and advised the complainant where he can access it. The Commissioner’s decision is that NIC: met its obligations under regulation 4(1) to disseminate environmental information; breached regulation 5(2) of the EIR because it did not provide a response to the request within 20 working days; met its obligations under regulation 11 with regard to the review of its response to the request; and was correct to apply regulation 12(4)(b) to the request. The Commissioner does not require NIC to take any steps. Information Tribunal appeal EA/2016/0310 allowed in part.