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London Borough of Croydon

  • Date 20 February 2019
  • Sector Local government
  • Decision(s) EIR 11.4: Upheld, EIR 12.4.b: Upheld, EIR 14: Upheld

The complainant has requested information about a specific pre-planning application. The Commissioner’s decision is that the London Borough of Croydon (“the London Borough”) has failed to provide her with the appropriate reasons and evidence to support its position. She therefore finds that the London Borough was not entitled to rely on Regulation 12(4)(b) of the EIR (Manifestly Unreasonable) to refuse this request. She also finds that the London Borough failed to carry out a Reconsideration (internal review) within 40 working days and that it failed to issue a refusal notice stating all the exemptions on which it wished to rely within 20 working days and thus the London Borough breached Regulations 11(4) and 14 respectively. The Commissioner requires the London Borough to take the following steps to ensure compliance with the legislation: issue a fresh response which does not rely on Regulation 12(4)(b).