Mid Suffolk District Council
- Date 13 February 2018
- Sector Local government
- Decision(s) EIR 1: Upheld, EIR 1(1): Not upheld, EIR 13.1: Not upheld, EIR 14.2: Upheld, EIR 5.1: Not upheld, EIR 5.2: Upheld
The complainant has requested the planning, building control, and environmental control files for his neighbour’s adjacent property. During the course of the investigation Mid Suffolk Council released some information from the environmental control file. The Commissioner’s decision is that on the balance of probabilities Mid Suffolk Council has provided all the information regarding the requested planning files. The Commissioner is also satisfied that the Mid Suffolk Council is entitled to rely upon the exception for personal data at regulation 13(1) to withhold the remaining information. However Mid Suffolk Council) did not provide the information requested within the statutory timeframe of 20 working days and has therefore breached Regulation 5(2) of the EIR. It also failed to issue a refusal notice within the statutory timeframe of 20 working days and has therefore breached Regulation 14(2) of the EIR. As both a response and a refusal notice have now been issued, the Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2018/0048 dismissed.