Bury Council

The complainant has requested information with regards to volume increases to proposed extensions and erections of dwellings. Bury Council (the council) provided a response. The complainant complained to the Commissioner that no internal review has been carried out after it was requested. The Commissioner’s decision is that the council has breached regulation 11(4) of the FOIA as it has not carried out an internal review, which requires one to be completed within 40 working days following receipt of an internal review request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Conduct an internal review to the complainant’s request as required by regulation 11 of the EIR. The public authority 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 Act and may be dealt with as a contempt of court.