Frindsbury Extra Parish Council

The complainant has requested a copy of a survey report from Frindsbury Extra Parish Council (“the Council”). The Commissioner’s decision is that the requested information is environmental information within the definition at regulation 2(1)(c) of the EIR. The request should, therefore, have been handled under the EIR rather than the FOIA. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: reconsider the request under the provisions of the EIR and issue a fresh response to the complainant, and, to the extent that the Council withholds any of the requested information, it should issue a refusal notice that complies with regulation 14 of the EIR.