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London Borough of Croydon

  • Date 20 November 2018
  • Sector Local government
  • Decision(s) EIR 11: Upheld, EIR 14: Upheld, EIR 5.2: Upheld, EIR 5.3: Not upheld

The complainant has requested the contents of a Planning Enforcement File which was created as a result of a complaint submitted by his neighbour. The Commissioner’s decision is that, as the file relates to the complainant’s property it is his personal data. She has therefore decided to apply Regulation 5(3) proactively to all the requested information and therefore the London Borough of Croydon is not required to disclose any of it under the EIR. However the London Borough failed to respond to the request within 20 working days, failed to issue an adequate refusal notice and failed to carry out a proper Reconsideration (internal review). It therefore breached Regulations 5(2), 11 and 14 of the EIR. The Commissioner does not therefore require the London Borough to take any further steps under the EIR.