Sandwell Metropolitan Borough Council

The complainant has requested information from Sandwell Metropolitan Borough Council (“the council”) relating to the proposed development of an area known as Lion Farm Fields. The council withheld some of the information under the Freedom of Information Act 2000, later accepting that it was subject to the Environmental Information Regulations 2004. The council relied on the regulations at 12(5)(b), 12(5)(e), 6(1)(b) and 13(1) to withhold the information. The council also stated that it did not hold some of the information. The Commissioner is not persuaded that the exceptions at regulation 12(5)(b), 12(5)(e), 6(1)(b) and 13(1)(in part) are engaged. She has however decided that, on the balance of probability, there is no further information held by the council. By failing to consider the request under the EIR, the council breached the requirement at regulation 14. The council also breached regulation 5(2) by disclosing some information beyond the statutory timeframe and regulation 11(4) by failing to undertake the review within 40 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the withheld information subject to the redactions outlined in the decision notice. Information Tribunal appeal EA/2019/0147 dismissed.