Breckland Council
- Date 13 December 2018
- Sector Local government
- Decision(s) EIR 5.1: Upheld
The complainant has requested from Breckland Council information in relation to a planning application consisting of all and any correspondence between the applicant and the Council. The Council responded to the complainant stating that it did not hold information within the scope of the request.
The Commissioner’s decision is that the Council has breached Regulation 5(1) of the EIR by stating incorrectly that it did not hold information falling within the scope of the complainant’s request. It is now required to issue a fresh response to the request.
The Commissioner requires the Council to respond to the complainant with a fresh response to his information request. This response must set out accurately whether the Council holds information falling within the scope of the request and either disclose any such information, or explain why the EIR does not require such a disclosure.
The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.